The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-01

Received payment. pyns,
Ertraefs from The opiaioa ef The Hon W,Riam johnson
dsiusrsd o. Ne "a Augasf, 1923. - ns case q ne
arrest of the BrnBt seaman undsr Ms tTd seefton of
NE Sats act entitled Aa act for ihs better regulation
| 9Jrss negroes aad persons Of color. and tor ohsr
purposes, passed IN December last, Charleston. CD
Certain seizures under this act were made IN January
astsone on board OF American vessels, and others ~
British vessels; an among the latter one very remarks
Bile Tor not having left single man on hoard the vessel
10 guard her in the captains absence"
| Two questions have now been made IN the avgu-
menhe first on the law of the the second on the
remedy.
| "0n the unconstiiuonality OF the law under which
this man is confined, is not too much to say that IL will
not bear argument; and feel myself sanctlone IN using
this strong language from considering the course OF
reasoning by which il has been defended. Neither OF the
gentlemen has attempted to prove that the power therein
assumed By the Safe can be exercised without cashlng
with The general powers of the United States to regulate
commerce; but they have both strenuously contended
that er necessitae was power which the State must
his Argument with The declaration that, il dissolution Of
the Union must be the alternative he was ready 70 meet
| it, Nor did the argument OF Colonel -- deviate at
all from the same course Giving it in the language OF
his own summary, il was this South Carolina was
sovereign State when she adopted the constitution;
sovereign State cannot surrender right Of vital mpor
tance South Carolina therefore, either did not surrender
ths right or s possesses the power TO resume It; anu
whether s necessary or when is necessary TO resume
! II, she Is herself the sovereign Judge.
but 1t was not necessary 10 this candid expose o
the grounds which this law assumes for il IL subject OF
positive proof that is altogether rreconcabie with the
powers of the general government; that necessarily
conpromts the public peace and tends 10 embroi US with
not separate u FROM our sister States short, that II
leads to dissolution Of the Union, and implies direct
attack upon the sovereignty oil The United States.
Let it be observed that the law is, ii any vessel (not
even The vessels Of the United States excepted) shall
into any port or harbo OF this State &c bringing
in free colored PERSONS such persons become 'ab
soue slaves and that without form o trial, as
understand the act, they to be sold. BY the next
clause the sheriff is vested with absolute power and
nra.s min thn lau md ~ N
ceive the one-half OF the proceeds OF the sale.
The object Of this law-and il has been SO acknoT
edged in Arguments TO prohibit ships coming into this
port from employing colored seamen, whether e,tzens
subjects OF their own government or not But II this
Stale prohibit Great Britain from employing her col
ored subjects land she has them of all colors on the
gobe ii at liberty to prohibit the employment of her
subjects OF the African race, why not prohibit her from
using those of Irish or Of SCOTTISH nayiiy Ii the color
OF the skin is to preclude the Lascar the Sierra Leone
seaman, why not the color OF his eye his har exclude
from ports the inhabitants OF her other territories In
fact amounts TO the assertion OF the power 10 exclude
the oil the territories OF Great Britain any other
nation altogether. With regard to various friendly ma
ons amounts 10 an actual exclusion IN ITS present
form. Why may not the shipping OF Morocco or Agiers
cover the commerce of France with this county, even
the present crlsis? Their seamen all cooedi and
the State of Massachusetts might lately, and may
perhaps expedite 10 this port vessel with her oi
black and her composed OF Nantucket Indians
| known 10 be among the best seamen in our service
/ These might all become slaves under this act"
"But TO all this the plea OF necessyls urged and oil
the existence OF that necessity we told The State alone
is 10 Judge Where is this 10 aud us is it assert
ing The right in each State TO throw oil the federal con-
suiuton al its viii and peasures Ii II can be done as
10 any particular article II may be done as 10 all and
like the old confederation, the Union becomes rope
OF sand But deny that the State surrendered single
power necessary 10 s security against this species OF
property. What is 10 prevent their being coufned 10
their ships il is dangerous for them TO go abroad!
This power may be lawfully exercised. 10 land their
cargoes take Others, and depart all that is necessary
10 ordinary commerce. and all that spropery stipulated
for in the convention oi 1885, so lar az relates to sea-
j tat.A In tha rh.nf
the supercargo master being persons OF color, ac-
knowledge that as 10 them the treaty Pfecludrs US IRON
abrdgng their rights 10 Tree ngress aud egss and oc-
cupy ing houses aud warehouses for the purposes oi CON-
AS TO them this law Is express iniracton oil
the treaty No such law be passed consistently with
the treaty, and. unless sanctioned BY diplomatic arrange.
men the passing OF such law is ,antimount TO decla.
ration OF
But il the policy of this law was to keep foreign free
persons OF color from holding communion with our
slaves, certainly pursues course altogether nconsis
tent with lis object One gentleman ened The lmporta-
ton OF such persons to that of clothes Injected with the
plague, or oil wild beasts from Africa; the other 10 that
OF ebrands se To houses only to escape By the
light But surely II the penalty inflicted Tor coming here
is its effect that OF being donesca,ed by being sold
heie, then ourselves inocuaie our community with
the plague ourselves turn loose the wild beasts in
our streets; and zoe put the hfebtand under our own
houses II there are evil persons abroad who would
steal this place in order TO do this mischief, (and
the whole provisions OF this act founded IN that sup
poson) then this mode OF csposng Of offenders BY de-
lanns them here presents the hnes, Iaciies IN ,ne
4
situation in which they would enjoy the best opportuni
| ties OF pursuing their designs.
"Now. ii this plea OF necessity could avail al all against
the constitution and laws OF the United States, certainly
that law cannot be pronounced necessary which may de-
feat its own ends much less when other provisions OF
unexceptionabe legality might be resorted 10, which
would operate solely 10 the end proposed-viz: the
ehectua exclusion OF dangerous characters On the fact
OF the necessity Tor all this exhibition OF legislation and
ZEAL say nothing: neither admit deny II. In COM
mon with every other citizen, am entitled to my own
opinions but when express il, II shall be done in my
private capacity
But what shall we say TO the provisions Of this act
they operate vessels OF war; Send your sheriff
on board one OF tbem and would the spirited young
OF the navy submit 10 have takenl IL would be a
repetition Of the affair OF the Chesapeake. The public
mind would revolt al the idea OF such an attempts and
YET is perfectly clear that there nothing in this act
which admits Of any exception IN their favor.
upon the whole, | am decidedly OF opinion that the
third section OF the State act under consideration is
unconstitutional and void. and that every arrest made
under il subjects the parties making IL 10 an action Of
\ trespass."