The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-10

Action OF the south Caroline Legislature
ON THE COMMUNICATION OF THE BRITISH CONSUL,
RELATIVE TO The LAW CONCERNING c0LoRRD
sEAMEN-THE GOVERNMENT OF SOUTH CAROLINA
IN COMMUNICATION WITH THE BRITISH GOVERN
MENr.
From the Southern Standard, Dec 81
We publish, this morning, the very able report
OF Mr.. Mazyck, chairman Of the special committee
on the communication Of the British Consul, in
reference to the confinement Of colored seamen
The report was adopted unanimously in the Senate,
and the matter may now DO considered az finally
determined
The following is the report Of the committee
THE LAW OF CoLeRRD sRAMEN.
The Special Committee, to whom was referred
the message of his Exccllency, the Governor, trans
hitting communications received by him from
George B. Mathew, Esq, her Britannia Majesty's
Consul for the States of North and South Carolina,
relative to the law Of this State, to prevent free
negroes, and other persons of color, from entering
into it, have had the under consider alton, and
ask leave respectfully to submit the following
The grounds of complaint suggested by her
Majestys Consul, against the law in question, are
substantially as follows :
LIST. That it takes from under the protection Of
the British flag, and imprisons in the common jas
until the vessels in which they come are ready to
depart, class of her Msjestys subjects entering
into the ports Of South Carolina under the ,urty
Of the treaty Of commerce between her Majesty
and the United States, in pursuit Of lawful COM
merce, or in Distress thereby violating one of the
provisions of the treaty, which is the supreme law
Of the land.
I'd That it bears with peculiar hardship and in
equality upon her Majesty's West Iada Colonies,
which mainly depend for their supplies of lumber,
provisions, and other material articles, upon their
trade with the United States, which is carried on
in small vessels, chiefly manned by colored crews,
and for which the ports of North and South Caro-
lima are especially suitable.
Sd. That it conflicts With the general principle
International hat NM al ra-
guatons, CO existent with treaties, should extend
to foreigners the same restrictions, and no more,
which are applied to natives, or subjects of the
The first article of the treaty declares that,
"There shall be between the territories of the
United States of America and all the territories of
liberty of commerce. The inha bitants of the two
countries respectively shall have liberty freely and
securely, to come with their ships and cargoes to
all such places, ports and rivers, in the territories
to come, to enter into the same and to remain and
reside in any part of the said territories respec-
lively; also to hire and occupy houses and ware.
houses, for the purposes of their commerce; and
generally the merchants and traders Of each nation
respectively shall enjoy the most complete protec
tion and security for their commerce, but subject
always to the laws and statutes of the two countries
respectively"
This is, no doubt, the provision of the treaty
with which our law is supposed to be at variance.
Such general language as is here used, has never
been, nor can 1t be- justly understood to deprive the
contracting parties o. the right TO exclude, from
who might be burdensome to the public, or dan
gerous to the health or to the peace, good order
and security of the community. Laws to provide
against the ingress of persons laboring under
tagious infectious diseases, coming from places
where such diseases prevail, and laws for the ex.
cluson Of foreign paupers and convicts, and per-
sons Of vicious character, are almost universal,
and are not deemed inconsistent with the most lbe
raj treaties of reciprocal commerce. Our laws
against the entrance Of free persons Of color into the
State falls strictly within the principle of these
ceptions OF the degree of necessity for the enact
ment of such laws and their fitness for the purposes
for which they are intended, each government must
Judge for itself. In this, as in all ether matters
concerning the execution of treaties, the contract
ing parties are bound to the observance of good
faith. If, under the pretext of excluding danger
Gus class Of persons, one party should exclude q
material portion of the subjects Of the other, usually
employed in commerce and navigation, 30 as
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 ne
such objection can DO made to the law in question
1t is certainly very far from being unreasonable or
surprising that free persons OF color, coming from
abroad into this State, should be deemed danger
GUS class Of persons, and dealt with accordingly.
And they constitute so uncomfortable portion Of
the subjects of the British empire, that their excu
sion cannot occasion any serious inconvenience to
the commerce carried on in British vessels with
the ports Of South Carolina Nor can 1t be said,
with due regard To the proper sense Of the words,
that persons Of this class. coming into ports in
British vessels, taken from under the prote cion
Of the British flag. On the high seas, which are
common to all nations, and not subject to the ju-
risdction Of any one, q 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 is no
principle Of international law which carries the
authority Of enc nation, represented by its flag,
within the territorial limits OF another. Foreign
ships and their crews in the ports Of South Caro-
lima are therefore not under the protection their
national flag, but subject to the authority, aud
under the protection OF our laws.
To go much Of the communications OK Her Ma
ests consul relate to the British West India colo
MES in particular, it is sufficient answer that they
is supposed to conflict for the treaty provides
ly for . reciprocal liberty Of commerce "between
the territories Of the United States Of America and
all the territories of her Britannia Majesty In Eu
rope"
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 State is entirely with
out foundation, and could only have arisen from
inattention to the provisions Of the law. In truth,
all free cooIed persons Of the negro race, whether
foreigners or natives, and whether they come 10
foreign or domestic vessels are subject to precisely
the same rules; so that free person Of color born
and brought up in this State, and only lately resi-
dent here, coming in vessel owned by citizens Of
the State would receive the same treatment As IL
he were native subject Of Great Britain, and
came I'M British vessel
1.-THE prevention of free persons OF color from en-
tering into this State operates in any degree
impediment TO the commerce Of British vessels with
ports, it only be by very slightly diminish
ing the number Of competitors for employment in
the service OF such vessels, and thereby proper
tonally enhancing the cost Of the service. But as
the same prohibition extends to all other vessels,
its effect must be the same upon our whole import
and trad a vaia
therefore probably show that the whole or nearly
the whole Of the burden, whatever it may be, is
borne by ourselves. But at all events it cannot
he questioned that we bear at least equal share
Of ii
The law which we are invit TO surrender, WAS
originally init oducsd after the detection and
So Impression Of insured tionary movement, de-
vised and set foot by free negro, who had been
for time in the habit of leaving the state, and
returning TO IL at pleasure, and whose frequent ex-
curainns MeIa nrnsnd To be cnnnectnd nth his ]