Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-08-29
FRANCIS G DELlESSELINE
Sheriff. Of ChsriesiOn District

Sheriff Of Charleston District
The motion submitted by Mr.. King in behalf o
the prisoner, IS tor the writ of Hdbeas Corpus 40
sHbiicieIduH' and IL he should fail m Tins n,otion
theh ior the writ de H7nine rspleeiunaio the on,
regarding the prisoner in 81 criminal, the olhe,
~ civ'l aspe CT the first motion having for its oh
Jecl hls discharge from confinement absolutely the
Other his discharge bail, with "A view IA nv tls
question OF the validity of the law under which he !.
held IN confinement
document in nature or u Return under the hand
and seal of the Sheriff has heen lad ON my abe hy
the gentlemen who conduct the opuos,lion II ON
W"ich " appears 'hht the prisoner is in the SheiCfs
custody nnher AN act OF this State, passed IN De-
cemhef last and indeed The whole cause he's been
argued under the admission that he is ia confuemen
petition. "
The act is entitled An act for TN, be,or res,,,
ton OF rec Negroes and persons Of Coonr aud (o
ONE purposes And the third section is in these
words; hat II any vessel shall come INTO an,
port or harbour OF tins state from any other state o.
iJ0re'gH port, having board any free nParoes n,
persons OF colour, cooks. stewards or ma rIne,s nj
IN any other employment board of sand vessel
such tree negroes pen Of colour shall he ahl,
| 10 he seized and confined in gao until such vesse
snail clear out and depart from this STATE; and tba
"nt" sal" vessel Is ready 10 sail, the captain Of
said vessel shall be bound TO carry avg the sal,
Iee negro or tree person of COLOR, and TO pay
| HE expenses OF his detention and in case of hi.
negect or refusal so TO do, he shall be liable 10 be-
indicted and on conviction thereof shall he fined in
a sum not less than one thousand dollars and i'm.
piisoned not less than months and such free
negrneS or persons OF color shall he tleemed and IA.
Ken as absolute slaves, and sold in conformity TO the
PIocS'ohs OF me act passed on the Goth December,
| 1890, aluIes aid"
As 10 The description character Of this indryidu-
as ~ Is aam'ued, that he was taken 10y the Sheriff
under ihs act, out of the ship Homer British shin
| Wau'ng from Liverpool to this Place From the
stripping articles II appears that he was Skinned II
Liverpool from the captains s(idayil that he ha,
Nno"n INN several years in Liverpool us Bri,isl
SUBJECT, and from his affidavit that he is u nutiy,
subject of Great Britain, born 10 Jamaica
- IN SUPPORT OF this demand the protection of III,
uhied STATES, the British consul has also presented
ms clam oil this individual British subject and
win II The copy of letter from MIR Adams TO Mr.
Canning, of June i7ih insI, written 10 answer 10 re.
monsirance OF Mr.. c. against this law Mr. As letter
cQnains these words: " Wuh reference ,o vour Ieer
OF 'he iJh February last and its enclosure have
| 'he honour OF informing YOU that immediately after
| 'srecep'ion, measures were taken by the govern
ment oil The United States for affecting the removal
oi the cause at complaint forth in IT, which IL is
not doubted have been successlul and will preven,
! the recurrence Oi IL in future"
| Tins communication is considered bv the consul rs
| a pledge wh CHI this Cnurt is sunuosed boupd ~ re.
deem. u had its origin Inns.
Certain seizures under this act were made in Jan
ua'y 'aS'; SOME on hoard oi American vessels, and
o'"eT III Brush vesSrls and among the batter was
one very remarkable for not having LEFT a single man
on hoard the vessel TO guard her IN the captain
! absence.
Applications were Immediately made IN me in both
clASSeS Oh eases for the protection of The CniIed
upon Tie DistrIct Attorney for his official services
several reasons CONQUERED 10 induce me to instruct
n'm TO bring The subject before the state judiciary
"ii cohnueht mat Tie act had been passed hastily
anu without due consideration and knowinp The
uniAVour"he feeling hat it cacmlated TO excite
abroad, 1t was obviously best tlat relief should come
from the quarter from which procPo ded The act com.
! pimUed OF. Whether possessed the power mr. mn,
! 10 issue the writ of habeds corpus IL was unoups-
ionAbe, thai the state Judges could give tins sunms.
~ reiici, and therefore instructed Mr. Gladsten In
/ In he
~ me manner most respectful IN them In he moan
Hnc prevailed on the British consul, the late Mr.
'oo'S, a"" the northern captains, to suppress their
complaints, lsly Contdenf thar when the subiert
came 10 he investigated thew would be no more mo-
iesle The apphcai made 10 the s,aie ~ bori ,
"nd the meh wrrs relieved bnt the ground OF relief
not being IN ~ nature general or permanent MIR
Moody made li'S representations to No. Canning and
Tue northern captains, AN informed did the same
10 c""sirSs, or 10 She executive. What pissed af-
'f""i' CINE ." NV Knowledge in such q mode tiai,
aler what has puhlCy tTsnspired on this a,puptent
10 not think proper, IS Il certainly IS moi necessorv
80 declare It. gentleman in his place (Col Uun3
mas declared, thai nc Is authorized deny that Mr.
AI1ms W1s sanctioned by any thing fst tr.uepired
hetwcen bimsc II aud any member Of the s,,,e die
g'iion - give such pledge. Certain however il
U.s., 'hd ifor Thar iime the prosecutions under this
act we're di,cOHtinucd unl lately eyived bv volun
'Hry Association OF gentlemen who have organized
trm'eiVcs into SOcITty 20 scc the laws carried into
et"ci Aud here, as well know The djscussion ;l,at
tins occurrence viii give rise TO, think II due 10 the
I
have understood inst this law has been con,,laiued Of
90 he ground oi lis HncOnsiuiOnaliIy ard Jnisrios
eurcls upon Our commerce nnd foreign Jri,tipns
uiey have shewu every disposition Ia le If sheen Oh,
tie present occasion tie Attorney General has not
1ppe rrd ~ us defence The Opposition 10 t,c dis-
Ch'lgr ol ihe pr's'rer hos hrtn conducted hv Mr.
Holmes, lie Solicitor Of the Assoc fstrr and l,v
Col Han there IS noTbing done tlsntIestinely
or dl-"vowcd, there ran re no offence piv.n bv q
suggestion winch means more fran IT, sbe,v ibct
pressing the cKrcNuu Of tus tw al this ri,se Il.
rather private tliau state act: aud 10 Cnrn, an
eHp'o0a,'on 'h1t nay evenu,ly prove necessary IN
cxcysc W.. Ad,ni- 10 NJ Cauaing and perh,ns Ia
excuse s'ne member OF the Stale delegation 10 Mr.
Adars,
Cefrin u s that cannot oficialv take notice or
We NdmsS lensr. However sufficient for Mir
'n"iug 10 'ely on, " Is not cgaiy sufficient 10 reg
gl'it id} c"n1l", or vest ~ ne any Judicial powers
The ftr's which have communicated Wil, I none
hr suitecn, u show hat Our administration has act
Ell n Cood fiith wnh tbai OF Great Britain
Two p'csfiOns haze nov beeD made IN srenment.
i'e ii-i ON the las Of the case, tie second on The
remedy.
On the Hnconsttriionalfy Of iie law under which
tis man Is confined, not 700 much IN s.,y t,f ii
WI nO bear WgRmc"f andl i,fl myself sane TONED
~ using This strong language from considering The
course Of reasoning !y which IL has .heen dcfe nded
Neiihe Of the gentlemen has attempted N prove ta,
ue poser therein ssame3 va fc STATE can bc eyer.