The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-13
SOUTHERN PRESS,
- WASHINGTON CITY,.


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we regret the occurrence Of any thing TO
disturb the friendship between Great Britain
and the United States. Our commercial rela-
: lions With that power are too important to both
eopatxies, TO be interrupted without disaster TO
both. We are glad, therefore, thatethe pending
!, controversy concerning colored ssamen has not
originated swith Us, or in any circumstances
Of recent origin for which we are responsible
And we regret that the difficulty, after having
been dofmant-for SO many years, or rather after
having been unfelt, and therefore unmentioned
for so long time, should now be brought for
ward. II is owing probably to the mischievous
intervention Of English aboltionists, perhaps
instigatsd By American. aid
~ But it seems from the article we inserted
yesterday from the London Morning Chronicle,
that, not satisfied with the postion of this ques-
ton in South Carolina, where, at the instance of
the British government, it has been submitted
TO the Legislature, our government has inter-
vened, and has commenced correspondence
with TIE british minister on the subject, involv-
Ing oar federal relations.
The treaty, Of whose infraction by the laws
Of South Carolina, the British government
complains, is the convention of London, nego-
Hated on our part, July 8, 1916, by Messrs.
CLAY, GALLATIs, and ADAMs. And the law Of
South Carolina was passed in 1922; so that this
subject has slept twenty-eight years. The first
article Of the London convention contains the
stipulation which is now said to be violated.
It is in these terms.
"There shall be between the territories of
the United States Of America, and all the terri
tories of his Britanish Majesty, in Europe, re-
cipr0cal liberty of commerce. The Inhabitants
Of The too countries, respectively, shall have lib
ety, freely and securely to come with their ships
and cargoes, to all such places, ports, and rivers
in the territories aforesaid, to which other for
eigners are permitted to come, to enter into the
same, and to remain and reside in any parts Of
the said territories respectively; also, to hire
and occupy houses and warehouses, for the pur-
poses Of their commerce; and generally the
merchants and traders of each nation respectively,
shall enjoy the most complete projection and secu-
rify for their commerce, bul subject ALWAYS TO
the 1alos and statutes Of the Too countries respec.
Apely."
I'VE have iaAlicised some of the important
words.
This convention was renewed, and indefinitely
extended, as to time, in l827-and is therefore
now in force. ar
2 It will be seen that the stipulation extends, so
far as Great Britain is concerned, only to her
territories in Europe, and therefore it is not
violated by the exclusion of free negroes, Of
possessions. 1t also expressly designates the
merchants and traders of the two nations as
those who are to have complete protection
and security for their commerce." and this does
not apply to colored seamen. But the whole
article is "subject always to the laws and
statutes of the two countries respectively"
Now, the laws and statutes of the States Of
this Union are as much the laws and statutes Of
this country, and are as much in force in their
respective ports, as the laws of England in her
ports-laws which differ in different ports. And
the obnoxious law of South Carolina applies as
much to the other States of this Union as to
England The law Of South Carolina is strictly
pol 'ce law 1t is not pretended that it was de-
aligned to contravene the treaty, or to interfere
with British trade On the contrary, it is de-
signed to secure the safety of persons and
property, and hence to promote all commerce.
A State must be presumed to know what is
best adapted to this purpose, in her own terri
tory, and must have the power to decide for her.
SELF If such law should affect, incidentally,
the citizens or subjects of other States, so do
quarantine laws, and particularly the people OF
certain climates where malignant and conta-
gious disorders are apt to prevail. Could Mex
leo complain Of the infraction of commercial
treaty with us, because Louisiana adopted a
rigid quarantine al to Vera Cruz, to exclude
the vomito! Could Mexico be permitted to
question the necessity or expediency Of such a
law?
But there is another view of the subject,
which is fatal to British remonstrance. The
treaty or convention itself was made in 1915,
and renewed in 1897, before Great Britain had
emancipated her slaves, in the West Indies
The treaty applied to the then existing condition
of Britsh subjects, for if the blacks were to come
N slaves as well MS seanen to South Carolina,
she would not object, because they, in that eapa-
city would not be dangerous. But although it
is competent for Great Britain, to change the
condition of her subjects for herself she cannot
by so doing change the effect Of treaty with a
foreign power. A treaty must have the consent
Of two-thirds Of our Senate, including many OF
the Senators from slavcholding States. And al
though they would ratify treaty Of this kind
with foreign slaveholding power, or with one
hsvingbut few free negroes, they PROBABLY would
reject It if made with power having nearly a
million Of free negroes in our vicinity. They
certainly would reject it.
Even, therefore, if the treaty of 1887 ex-
tended to the West Indies, which by it's express
terms is not the case, II would not confer on
Great Britain the right TO send million Of sub