Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-12-16

nen, may enter any port of the Union for the
'urpos,s ut commerce., without any mnles |
alton or restraint IN consequence of having
10 entered; hut the section of tn. law Of South
Carolina which we are considering. declares,
hat II any vessel shall enter one Of her ports,
na,igatrd in whole, ar in part by negroes or
persuns Of color, the crew 80 far as they are |
negroes or persons Of color, shall be- imme-
'i'aiely seized and imp, isoned at the expense |
nf the captain, with various other contingent
and severe penalties both on the captain and
his imp. isonrd CREW. Here is regulation of
Commerce, "fa highly penal character, by a
State soperadd'ns new restrictions To thosr
which have been Imposed by Congress and
declaring in effect, that what Congress has
ordained may be freely aud safely doon, shall
moi be done but under heavy penalties. II
seems very clear Ia me, that this section Of the
law of South Carolina is Incompatible with
the national constitutions, and the laws passed
under Il, and is therefore void. All nations
in amiiy with the U. S. have right tn enter
the ports of the Union for the purpose of
commerce, so long as by the laws of the U s
niou, commerce is permitted, and SD far az it
is permitted, and in MS much as this section
of the law nf South Carolina is a restriction
upon this commerce, il is Incompatible with
the ri shts at all nations which are in aui,y
with the United States.
There il another view of this subject. By
the national constitution, the power Of max
ing treaties with foreign nations, is given to
the general government, ard the same consti-
tuition declares that the treaties so made shall
constitute a part Of the supreme law Of the
land. The national government has exercis
I'd this power also. of making treaties. We
have treaties subsisiing with various nations
Inv tbp # IA
the United States, is expressly authorized,
without any restriction AS tn the color Of tn.
crews by which il shall he carried on. We
have such treaty with Great Britain AS To
which nation this question has arisen. This
act Of South Carolina forbids, or what is thu
same thing, Furnishes what this treaty autho.
riZns.
| am of the opinion that the section of the
law under consideration is void, as being "a
gainst the constitution, treaties and laws OF
The United States, and Incompatible With the
rights OF all nations in amity with the Uaited
States.
have the homer TO be, very respectfully.
your obrdent servant,
Signtd, WILLIAM WRIT.
The Hon. John Quincy Adams,
Secretary of State, Us.
(euPv)
His EXceliency the Governor Of South Caro-
lima, Columbia.
Department (Sinte, D
Washington 6fh July, 1894.
SlR-By direction of the President of the
United States, have the honor Of enclosing
copies of several successive Representations
received at this Department from the Re-
personalities of the British Government here,
relating To the operation of All act of the LIE
gislature of South Carolina a copy of the o.
pnun of the Attorney General of the United
States, upon the Act, is likewise enclosed
and have II in charge to express The hope oi
the President, that the neon, .nence com
planned of will be rrmedied by the Lrgisla
ture of the State of South Carolina itself
am with great respect, Sir,
Your very humble and ob'dt s-ryt.
JOHN QUINCY ADAMS.
On the lst inst. HIS Excellency Governor Wilson
sent 10 the Legislature tne following Message will
the accompanying Resolution Of the Legislature Of
GeOrg', proposing an alteration the Constitution
OF The Unned' Sates. 1t was referred to The Con,
mitlee on the Judiciary
EXECUTIVE DEPARTMENT.
Drcemnr, l., 1924