The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-06-25

defendants interfered, can be made to answer
the terms of the foregoing quotation, according
to their usual import, and still less when taken
in connection with what was recited as the
danger to be guarded agaiust-the mischief to
be remedied. We do not mean to affirm (what
seems to have been the Circuit Judges impress.
sion) that if it had been snch an assembly the
patrol may not have dispersed it, notwithstand-
ing the liability to pecuniary penalty OF him
who suffered and encouraged it. Nor do we
mean to trench, in any degree, upon the vieor'
Gus administration by the patrol Of the impor-
tant police power entrusted to them, within the
orbit prescribed for their action. Let them ex.
ercise, with judicious freedom, the power to
dispcrse unlawful assemblies, as they are ex-
pressly empowered to do by the 18th section OF
the patrol law, in relation to slaves, free ne.
groes, mulattoes, and mustizoes; SUCH; for ex-
ample, as are found in disorderly houses; such
as are described in the llth section Of that
Act; but judicious freedom of administration
in our police law for the lower order must al
ways have respect to the confidence which the
law reposes in the discretion of the master, the
presence of the proprietor, his loyalty to the
sympathies and the policy that involve our COM
mon interests, peace and safety. Let the patrol
always act in the spirit that should guide the
discreet, sedate, intelligent, and humane owner
of slaves, and they will find the judicial arm of
the government nerved to sustain them-if in.
deed it could be presumed that in such case
they would ever need it. Thus guided, they
may often find occasions-no doubt they will
to overlook harmless violation, venial trans
gression, of the strict letter-to construe in a
spirit of mildness-to concede something to
the sacredness of domicil, the quiet of family
at the midnight hour-to recognize, what is
eminently the negro's quality, the love of social
intercourse, with no object beyond it, and no
time to indulge tbut the night--to distinguish
between the premises of the quiet orderly citi-
zen, and of him whose very business of life is
to corrupt the slave in lis morals and his allie.
glance. This very case may illustrate what is
meant: supposing that this assembly was an
unlawful one, could it not have been dispersed
just as readily and without Aogging as with it !
Why therefore chastise negroes who seem to
have had no idea that they were doing wrong;
who were at the place where they were found
by the consent and written license of their mas.
tcT "heh IiiO piOpiSloi SAthS ooe w huo iiS
own authority and consent; when, as we pre-
sume, he was not suspicious person or enga.
ged in suspicious traffic!
We are mindful, however, that the statute of
l740. in the SID section, enjoius, that every
portion of it "shall be construed most largely
and bencfcially for the promoting and carry
ing into execution this Act and for the encour-
agement and Justification Of all persons to be
employed in the execution thereof" and since
we are persuaded that 1t is probable these de-
PENDANTS had no deliberate purpose to commit
an outrage upon the rights of others, we are
gratifed to learn from the Judge who preside
on Circuit that it has not been Ills design to in
fict any exemplary punishment.
As already intimatcd, it would be agreeable
to US to be always al e to sustain SO useful and
important body as the patrol; but perceiving
no error in the conviction of the present parties
we are constrained to order, that their motion
be dismissed.
We concur. JOSIAH J. EVANS.
d. L. WARnLAw,