The southern press., 1851-12-13

other matters concerning the execution OF trea
ties, the contracting parties are bound to the
observance of good faith. If, ander the pretex
Ct excluding dangerous class OF persons, one
party should exclude material portion OF the
subjects of the other, usually employed IN COM
merce and navigation, so as seriously to obstruct
or emblrrass the intercourse which the treaty
was intended to sanction and SECURE, this would
be fraud upon the treaty. and might justly be
complained of as such. But no such objection
can BE- made to the law in question. Ii is GER
tainly very far from being unreasonable or sur
prising that free persons of color. coning from
abroad into the State, should be deemed dan
pe-ous class of persons, and dealt with accord
ingy. And they constitute so uncomfortable q
portion of tie subjects of the British empire.
that their exclusion cannot occasion any serious
Inconvenience to the commerce carried on in
British vessels with he ports of South Carolina
Nor can it be said, with due regard to the
proper sense Of the words, that. persons Of this
class, coming into our ports la British vessels.
are taken from under the protection of the Brit
iSh flag. Ga the high seas, which are common
to all nations, and not sCE ect TO the jurisdiction
of any one, a ship and the persons on board OF
her are under the protection of the nation to
which she belongs, and the national flag is the
emblem Of this protecting power. But there IL
no principle o. international law which carries
the authority of one nation represented by lis
dag within the territorial limits Of another
Foreign ships and their crews in the ports OF
South Carolina are, therefore net under the p o.
lection of their own flag, bnt subject to the at
thority and under the protection OF our law.
To so much Of the communications of her
Majesty's consul az relates 10 the British West
India colonies in particular, it Is n sufficient an
swer that they are not embraced in the treaty
with which our law is supposed to conflict; for
the treaty provides only for reciprocal liberty
of commerce " between the territories Of the
United States of America and al the territories
Of her Britannia Majesty IN Europe"
The complaint that British subjects of the
class TO which the law in question relates, are
put upon a different footing from persons OF the
same class, natives and subjects Of this Safe, i.
entirely without foundation, and could only ha, G
arisen FROM inattention to the provisions Of the
law. In truth, all free colored persons OF the
negro race. whether foreigners or natives, and
whether tn " come in foreign or domestic YES
sells, are subject 10 pre- cisely the same rules; 20
that free person Of color. b, m and brought uI
in this State, and only lately resident here, com.
| ing in a vessel owned by citizens Of the State
| would receive the same treatment as II he were
a native subject Of Great Britain, and came in q
British vessel.
II the prevention Of free persons Of color
| from entering this State operates in any degree
as an impeachment to the commerce Of British
vessels with our ports, it can only be by very
| Lightly diminishing the number OF competitors
for emp oyment in the service Of such vessels
and thereby proportionally enhancing the cost Of
the service. But as the same prohibition extends
t, all other vessels, It's effect must be- the same
upon our whole import and export trade. a
thorough analysis would, therefore, probably
show that the whole, or nearly the whole Of the
burden, whatever 1t may be. is borne by our.
selves. But at all events il cannot be questioned
that we bear at least an equal share Of IT,
The law which we are invited to surrender
was originally introduced soon after the detcc.
lion and suppression Of an iusurrectionary move.
rnent, devised and set on foot by free negro
who had been for some time in the habit Of eav.
ing the State, and returning TO il at pleasure,
aud whose frequent excursions were proved to be
connected with his bloody designs. The law
has existed for nearly thirty year,, and during
that time no similar conspiracy has occurred
How far it has contributed to this result we IN
not pretend to estimate. But we know that the
experience Of our predecessors led them 10 adopt
it, and there is certainly nothing in our ex.
| perience TO induce us TO abandon IT,
1t was originally ,eracted, and has been con.
tinued solely and exclusively with a view to our
own internal good order and security, and with
out the remotest intention TO tresrass upon the
rights or obstruct the commerce of any other
people. IL il has served in any degree to pre-
serve the peace and welfare of the State, it is
certainly Of great importance to us, and ought
not to be abandoned on account Of any slight in.
convenience it may occasion to Others. Indeed
there is too much reason to believe that the mur
murs and complaints against it which come to
US from alb Dad are prompted much less by in
convenences actually felt, than ty a spirit OF
unffiendiness to our social order and institutions
The committee are very far from intending to
impute any such spirit to her Majestys govern.
ment or the gentlemen who represents them
here. They are undoubtedly actuated by no
her motive than an honorable zeal TO watch
o1er and protect the rights Of British subject.
wherever they are supposed TO be inlringed But
il may be safely assumed that such over.
tnr"s rs the one now under consi Ieration are
not made by the executive goverl ment, unless
at the instance Of other persons brought to bear
upon them through the usual channels. And
when one member Of the popular branch Of the