Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-09-02

FREE PEOPLE OF COLOUR

A memorial was laid before the last Con
gress, from sundry masters Of American YES
sells lying in the port of Charleston, com
planning of law of the state of S. Carolina,
touching certain free people Of colour. The
substance of this is contained in the following
paragraphs from the '' Charleston Gazette" of
the 9th August.
80 Interesting Notice We understand that the
Harbour Master Of this Port, is directed to require
all masters OF vessels TO report Immediately on their
arrival, the names Of all passengers, whether they
he whites or free persons of colour, and the names
Of all free negroes persons OF colour i'm any
capacity on board.
The law is highly penal, and directs hat no free
negro or person oi colour who shall have left this
state, shall he suffered TO return: That no vessel
shall come into any port, harbor OF ths state from
any DINER stale or foreign pori, having board any
free negroes or persons of colour cooks, stewards
mariners, or ~ any other employment boatd,
without being liable To he seiged aud confined in
giol, until said vessel is ready sail the captain
shiil he bound tn carry away the said free negro
Tree person OF colour, and pay the expense OF deen-
lion.
"And in Of his negIectng to do So he shall
be liable 10 he indicted, and on conviction iliereoi
iined IN sun not less than 1000 dollars, and inn
prisoned not less than two months. And such free
negroes or persons of colour shall be deemed and
taken as absolute slaves, and sold in conformity TO
an act passed on the 20.h day of December, 1920
50 II also Directs that the Sheriff of Charleston dis.
nict, and every other Sheriff in The state, he
powered aud epOined to The said act into effect
" such is the law Necessity and pocy-the good
oil The sta'e and the security Of all concerned the
ends proposed M its passage, and IN lis execution
Every good citizen will assist in its ACCOMPLISH
ment, ail we deem II but AN act OF justice TO
bretbren IN the north, 10 apprize then, Of A. The
late act oil 1929 passed this important subject is
ConfrmaIory OF the above and the outlines OF il are
here given that our fellow citizens of the Onion NAV
govern themselves accordingly, and avoid the
penalties OF an Infringement"
We understand, similar complaint was
laid before the last Congress against similar
ldw of the state of Virginia.-No dispositions
however, was made of these cases; and it is
said that they were laid over until the next
session Of Congress.
Yet, the Judiciary has taken cognizance Of
them before the Legislature. For on the 9Th
ult. a question under the 5. G.. act growing out
OF the case of Henry Edison, "a British sub
irct in British vessel, was presented to Judge
johnson, OF the Supreme Court of the u. S.
The Judge did not discharge the seaman, il is
true, upon the ground that the case was not
legally within his jurisdiction yet he did not
Hesitate to argue that the law was uncoRSii
tutiondt and uo,d and to suggest, that though
he had no right 10 grant writ of HubeGS Cor
PuS, and though he had his doubts whether
writ DC Homine reptegiando, would lie against
tile sheriff himself, yet the remedy of the sea
man might be found in il trespass for false I'm
PrtScRmenf against the sbrriif-We have,
our readers.
1t will unacceptable enough 10 the Eastern
shippers. Several vessels from n. York (says
The Daily Adrerisrr) were deprived of their
hands, and subjected tothe expense OF their
arrest and discharge, and their support dur
ing their Imprisonment an alternative, hy
the bye, which might have been averted by
timely adjustment of their crews To the pro-
VISIONS of the aw.-At home, the decision
has not been well received 1t is said to
have produced some excitement at Charles
tou. IL has called forth some criticism in the
newspapers. The Judge himself haa slept
npon the arena the 9TH fine at least during
the present ycaI, that he has taken up the
gull, IN his own vindication Mr.. Holmes,
one of the Counsel, has replied with view
Of correcting an alleged mista;ement in the
Opinion
Bi Judge Johuson's statement (said hr) ii would
appear, that bad resolved TO prrsrvere in the
'nrcement OF the Law, even should il he judiciaily
pronounced nncons'itnIinnal-ndy even should lis
enforcement he destructive OF the Union of the
States. Such resolution would have heen IN vio
ia,ion Of my principles and my attachments have
always viewed The Constitution which united so ma
10y ntependeni States into glorious Republic as
lh' s"hiimesi eiior, of human intellect but have at
inc sane imc considered the power reserved TO HE
several StreS of regulating their internal polly, as
the uIosI beautiful aud characteristic feature of that
great Instrument Ii was IN The course of my re-
upon tlS very feature oil Tie Constitution ihd
J stated, rot what Judge Johnson charges me with,
hut what shall now repeat Towards the end OF
my ~peech made no direct Inference from tile Law
OF 1929 hut commenting on the abstract right, in
herent ia The State of South Carolina ptoiecl her
sell, remarked tlHt slavery essential 10 the
positive interest of this State, aud 10 its relative i'm
poftance as member OF great cOnederary. That
Jnuih taiofila was deprived OF the right oil teguli
ing her cclOured popuiatiOn-- required not The
spTn OF prophecy to forejel the result, aud HAT
rather Than submit To the destruction OF The State,
would prefer the dissolution of the Union This was
The sentiment ! expressed, which boldly avow, and
'owiilch shall steadily adhere hut never sad-
no' shall ever say That if the Law loGslG22 he
declared by he Supreme Court At Washington TO he
UNCONSTITUTIONAL, would endeavout To enforce II. "
MI Hunt, the other counsel, has published
ms argument in pamphIet,in some introduce
tory remarks to which he also thus comments
upon statement in the opinion:
Lest, also, should, unwulingiy, find myself IN
'o''sI0n with the Secretary Of State and the Mem
nefs OF Congress must take the liberty OF correcting
we statement Of Judge Johnson in relation 10 Mr..
adams letter The Judge himself, stated from the
nnehch, that conversation had taken place between
hr Foinseu aud Maj Hamilton in relation to the
arrests OF the hast winter and that from their CONVEX
Slon MIR. Adams was Undue 10 make tie assurance
winch he did To MIR. Canning. Being somewhat sur
W'srd that such pledge should have beea made IN
relation TO a State t1o, and YET communication be
Y,'he 10 the Executive of the State, and seeing MAJ
iiln"mon IN Court, requested him 10 step INTO the
o"Oyl and there, IN the presence OF u gentleman he
s,deu 10 me, that MIR Adams had communicated TO
Wmsef and Mr.. Poinseti tie letter of Mr.. Canning
'haI he had remaik ed that its language was 0jcc-
'Vh'hle and not sufficiently respectful when applied
70 he proceedings Of an TRdspeHdeHt State and ended,
ny assuring me that in that intercourse with Mr..
1aaIAns, nothing tTanspired which authorised Mr..
'u'ms 10 give any assurance that the arrests would
nol tie repeated. told MAj. Hamilton should so
slh'e 10 the Court when addressed it, and he au
.uo'ised me TO do so, saying he would, were an op
po''unny offered, state II ~ person. am under the
IMPRESSION Maj Hani'lton was IN Court when stated
ILL l.. A..