Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1845-01-16
MASSACHUSETTS AND SOUTH CAROLYN,

Gov. BRlocs, by special Message, has inform
ed the Legislature OF Massachusetts Of the pro.
ceedings had in South Carolina towards MIR.
tloAR, the particulars of which are known to our
readers.
The law Of South Carolina which has giyen
rise to This difficulty contains in It's second Sec
ton the following enactment:
"Ihat u Shall not be lawful for any free NEGRO,
or person OF color, 10 come into this State, on
board any vessel, as IA cook, steward, or mnriner.
or IN any other employment, on board such yes.
sci and in case any vessel shall arrive i'm any
port or harbnr of this State, foreign port, Ina
Ing on beard any free negro, or person of color.
employed on board such vessel, as a cook stew.
ard, or mariner, or in any other employment, il
shall he the duty Of the Sheriff of the District.
In which such port or harbor is situated immedi.
ately, on the arrival of such vessel 10 apprebend
such Tree negro, or person of color, So arriyinu
contrary to this Act, and 10 Confnc him or her
CLOSELY IN lail, until such vessel shall be hauled
OIL from the wharf, and ready 10 proceed to sea.
And that when said vessel is ready to sail. III.
captain OF the said vessel shall be bound 10 car.
ry away the said free negro, or person of color.
anu to pay the expenses OF his or her commit
meni."
"Under this extraordinary law" saws Governor
briggs, "many of our coored citizens, who have
entered the port OF Charleston, on board our yes
sells, In the pursuit Of IL lawful commerce. and
complying with all the provisions Of In, laws of
.he United States, regulating commerce among
the STATES, have been i'0m time TO time seized by
me oihcers uf that Stale, taken from their shins
ana confined In their public prisons until their
vessels were ready 10 depart, when they were
compeeh 10 pay The expense of their deienlion''
Mr.. itoar went Ia Charleston, as the authorized
agent OF Massachusetts, 10 bring one or more suis
In behalf OF persons Imprisoned under this law of
south carolina IN order that its constiluiiona,i,y
might be tested. 1t was believed TO he in viola.
ton OF that clause of the Constitution which dc.
c'areS that "ihe citizens of each State shall he
entilcd Ia all the privileges and inmuniii,s nj
citizens OF the several Siatesr-and in violation
also oi the clause which corftrs upon Conuress
me power 40 regulate commerce with loreiyn
nations, among the several States and with IN.
Indian tribes
IL is maintained, on the other hand. by South
carolina, That the persons designated by the law
are mol "citizrns' as that term is used i'm the
Constitution. The existence of laws, moreover.
TO prevent the lngress of free negroes into narti
cuiar States is familiar thing and the riuht In
pass such laws, 1t is urged, has never been aues-
toned. -
me Message of Gov. Briggs quotes the opi-
Mons OF William Writ and Judge Johnson of the
supreme Court, both citizens of slavr-hoIding
states, respecting former law of South Caroli-
'a when, u is said, "in principle and in its es.
Seh'iai features was the same as the present law -
The opinions of those distinguished iuris,s were
against the c"nstitulionaliiy Of the law.
he Course pursued by South Carolina. in en-
Pening MIR. Hoar from the State, is to be- JUDGED
oil on It's merits, apart from the conslitulionaity
or unconst,tuIionaIiiy Of The law in question:
Gov. Briggs, towards the close of his Message,
speaks in these terms:
"Whai course il becomes Massachusetts IN
pursue, under the circumstances of this case, will
he Tor The Legislature TO decide. have no doubt
she VIII, with firmness and dignity, maintain all
her constitutional rights, and whist she holds
herself bound 10 respect the rights of her sister
oia'es, and to discharge towards them and The IT,
mon al her Obligations, she will claim from them
Tue iuhimeni OF all their obligations &c her. In
the unyielding pursuit of these obi,c CTS, | am
sure she will do nothing unworthy Of herself, or
derosaiory to The character of the Conlederacy
OF which she is a memher."--BaH. american.