Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-01-14
SARAH G. PETERSON, Sc crelary.
MASSACHUSETTS, AND SOUTH
CAROLINA.

Gov BRIGGS, by a special Message, ha s
niermed the Leg Stature Of Massachu sets
OF the proceedings had in South Carolina
towards Mr. lloar, the particulars Of which
are known 20 our readers.
The law OF S nth Carolina viii, h ha s
given rise 10 this difficulty contains in ITS
second sccIi he following enactment:
"lhal II shall not be lawful for any free
negro, or person of color, 10 come into
TINS 5 ate, "n board any vessel, as a cook
steward, or mariner. or in any other en-
ploymcnt. on b ard such vessel; and in
case any vessel shall arrive in any Dor,
or harbor Of this State, from any Other
State, or foreign port, having on board any
Tree negro. or person of co,or, EMPLOYED
on board such vessel, as a cook, steward.
or mariner, or IN any other employment,
u shall be the duty Of the Sheriff of the
DIstrIc, IN which such port or barbor is
Situated, immediately. on The arrival OF
such vessel, 10 apprehend such free neg 70.
or person OF color. so arriving contrary TO
ihIs Act and to confne him or her closely
IN jan until such vessel shall be hauled of
from the wharf, and ready to proceed 10
Sea And that when said vessel is reodv
To san, The Captain Of The SAID vessel shall
bound 10 carry away The said free me-
gro' or person OF color, and 10 pay The ex.
penses 81 his or her commitment"
"UHder this ex raordinary law" saws
GOV. BRIGo', ''inany Of or colored citi
zcns, who have entered The por, of Charles.
ton, on board our vessels. in the pursuit O..
lawful commerce, and complying with
all The provisions Of the laws of the Uni
ted States, regulating commerce among
the States, have been from time 10 time
seized by the officers Of tina, Safe. ta-
ken from their ships. and confined in
Their pubic prisons until their vessels were
ready 10 depart, when they were compel
led to pay the exper ses II their Gelenipn."
Mr.. Hoar wen: to Charleston as the an.
thorizrd agent Of Massachusetts, to bring
one or more suits in behalf of persons i'm,
prisoned under this law OF South Carolina
IN order that its consftuionalty might be
tested. IL was believed 10 be IN violation
"i That clause OF the Constitution winch
declares that ";he ci'izens Of each Slate
shab be entitled to all the privileges aud
immunItles OF citizens o. The several
States and in violation also Of the clause
winch cnnicrs upon Congress the power
TO regulate commerce with foreign mn
lions, among the several States and with
The Indian tribes"
II is maintained on the other hand. by
South Carolina, that the persons dcsipnn..
ted by The law are net citizens as that
term is used in The Constitution. The ex.
ls'ence Of laws. moreover, 10 prevent the
Ingress OF free negroes into particular
States Is a familiar Thing, and the right TO
pass such laws, II is urged. has never been
questioned.
The Message of Gov. BRIGes quotes
The opinions OF WILLIAM WHIT and JUDGE
JOHNSON OF the Supreme Court, both Gill
zens oil slave holding States, respecting a
former law Of South Carolina. which II Is
said, Gin principle and in It's essential feo
torres was the same as the present law. 3,
The opInlons Of those distinguished iurists
were against the cJnslirutonally of the
law
The course pursued by South Carolir,
IN expeliDg Mr. iIuar run the State. i, ro
be Judged Of on IFS merits, apart from the
consliluIi nalny or unconslilutionalitv oG
the law in qnesiIn.
Gov BRIOGs towards the close Of bi.
Message, speaks in these terms:
What course il becomes Massachusetts
pursue, under the circumstdDces Of This
case, will be for the Legislature to decide |
J have no doubt she viii, with 6rmness and
dignity, maintain al her constitutional
tights, and whilst she holds herself bo,,ndl