The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1845-01-16

A subject of the British government
was imprisoned IN Charleston, under this
law OF South Carolina, and his case was
brought before the Iae learned and dis'in
guished William Johnson, a Judge Of the
supreme court Of the Uulled S aIes, for bis
adjudication and decision. Judge John
son was then citizen OF South Carolina
and resident of Charleston. He was
familiar with this remarkable law, the cir.
cumStances under which it was passed,
and the reasons urged in Its favor by its
supporters. No one could charge him, any
more than they could Mr.. Writ, with hos,
tiIlty to the domestic institutions of The
State.
In very able and elaborate opinion
pronounced 10 that case, he said, Il" But it
was not necessary 10 give this candid ex-
pose of the grounds which this law as
sumes :; for II is subject of positive proof
that it is altogether irreconcilable with the
power. Of the general government; that it
necessarily compromits The public peace,
and tends 10 embroil US with, if not sepa-
rate US from, our sisIer States; in Snort,
that it leads to dissolution oil the Unlon,
and implies a direct attack upon the SOW
ereignly of the United States. And fur
thor, he says" Upon the whole, | am de-
cidedy OF opinion that the third section Of
the State act now under consideration is
unconstitutional and void, and that every
arrest made under it subjects The parties
making it TO action of lrespass."
Under law thus characterized by these
eminent jursls, the citizens of Massachu.
sets have been imprisoned in the jails Of
South Carolina 10 prevent coniinu-
ance of this in us,ce to her unofendlng
and peaceful citizens. she sought, by the
means pointed out in the resolves above
referred TO, to aid them 10 bring their case
before the common judicial tribunal of the
Union for its decision. For pursuing
this course, every step of which has been
friendly, constitutional, and respectful to
the State of South Carolina and her aus
The legislature of that State has
seen fit 10 denounce her in no measured
terms, and 10 ascrbe 10 her motives ems
tire y foreign from the real and avowed
ones, under which she acted, and TO say
that sour agent came there, not as cil-
zen of the United States, but as the ennis
sary OF a foreign government, hostile 10
their domestic institutions, and with the
sole purpose of subverling their internal
police" and then proceed TO pass resolu-
ions expellng that agent from their
State.
There is nothing in any part Of the pro-
,eedings of Massachusetts, that can be tor
ured into the evidence of any such pur-
pose as is pniuslIy ascrlbed 10 them and
he conduct,,he private and public character
Of that agent who was compelled TO leave
he Sale by demonstrations OF popular vo-
ence in the city Of Charleston, was a
pledge that he was incapable of interfer,
no with the domestic institutions Of anolh,
r State. The conduct of Mr.. Hoar un-
Ter the circumstances, seems 10 me to
lave been marie by that prudence, firm
less, and wisdom which have Distinguish
ID his character through his life. Who
IAN fail TO perceive that this course OF
South Carolina to sustain and enforce such
law directly leads to what her own emf.
,ent jurst, with Judicial and prophetic
wisdom, declared would bo its conse>
Iuence2
L. report made by committee of the
House of Representatives of the Unlled
tales upon this subject, some two or three
'ears since. the commillee say, " 1t seems
0 be understood that the application of
hese laws TO foreign vessels, has of tale
ears been suspended" If this is the
ase, what reason can be assigned for this
iscrimnation between the vessels of sister
states, coming into their ports under the
avs of Congress regulating commerce
mong the States, and foreign vessels,
oming into the same ports. under the laws
egnlating commerce with foreign ma
ions ? Can it be doubted that If the au-
horned agent Of a foreign government,
ent to Charleston 10 procure the liberia.
ion, by peaceful and legal means, of a
ubjeci prsoned under this law o! South
Carolina, had received such treatment as
he agent Of Massachusetts met with, that
government would have been justified, by
he usages Of nations, in sending snip of
var 10 seek redress by bdtlerlng down the
walls ofthe prison that held their injured
ubjec'!
In The report adopted by her legislature,
t is said that South Carolina, by entering
MO the Union" yielded the right to keep
roops. or ships of war, in time of peace,
without the consent Of Congress" Did
t not occur TO the legislature of that State
Turing the progress OF these extraordinary
proceedings, that her sister States had al.
10 yielded shelr right to keep troops, or
ships of war, in time Of peace" and that
heir hands were tied, by their obligation
o that Union, from pursuing that course
o obtain redress for indIgni,ies offered 10
themselves, and wrongs done to their citi>
zens, which is open TO all foreign States
-, al nationS 2 Snch Suo0nSiion wand