The southern press., 1851-12-13

~ We invite attention to the following
able report on a very important subject-iu
which the interests and the safety of all the
southern States are equally involved. 1t was
made by special committee of the South Car.
DINA Legislature.
THE Law or CoLoRED SEAMEH-The spe
cial committee, TO whom were referred the mos
sage Of his cxcelcncy, the governor, transmit.
ting communications received by him from
George b. Matthew, esq, her Brtanic Ma,
jrsty's consul for the States Of North and
south Carolina, relative TO the law Of this State
to prevent free negroes and her persons OF
color from entering into il, have had the sam.
under consideration, and ask leave respectfully
10 submit the following
REPORT.
The gro Iuds Of complaint suggested by her
Majesty's consul, against the law in question
are substantially as follows:
lst That il takes from under the protection
Of the British flag and imprisons in the com.
mon jails until the vessels in which they come
are ready to depart, a class Of her Maiesry's sub
jrcts entering into the ports of South Cirolins
under the security Of the treaty Of commerce
between her Majesty and the United States. in
pursuit Of lawful commerce or in distrc 81
thereby violating one Of the provisions of the
treaty, which is the supreme law of the lsn1
81. That it bears with peculiar hard hip and
inequality upon her Majesty's West India colo.
MES, which mainly depend for their supplies Of
lumber, provisions, and other material articles
upon their trade with the Unitcd States, which
is carried on in small vessels, Chiefly mtnned
by cOOred crews, and for which the port, OF
North and South Carolina are especially suit
able.
81. That it conflicts with the general ptin.
ciple Of international Law, that police or mum.
cpal regulations. cO-exstent with treaties should
extend to foreigners the same restrictions, and
no more, which are applied to natives, or sub.
jrcls Of the same class or calling.
The first article OF the treaty declares that
There shall be between the territories of the
United States OF America, and all the terrific.
RES OF her Britannia Majesty. in Europe, re.
ciproca liberty Of commerce. The inhabitant.
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 aforesaid, TO which
other foreigners are permitted to come, to enter
into the same, and 10 remain and reside in any
part Of the said territories respectively; also to
nlre ana occupy houses ana warehouses;, tOI
the purposes Of their commerce. and generally
the merchants aud traders OF each nation re.
spectvely shall enjoy the most complete protec.
ton and security tor their commerce, but sub
ject 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 ha.
never been, nor can il be, Justly understood t.
deprive the contracting parties of the right e
exclude, from their resp ctive territories, any
class of persons who might be burdensome Ia
the public, or dang rous to the health or to tn,
peace, good order and security of the commu
nifty. Laws TO provide against the ingre,s Of
persons laboring under contagious or infection,
disease, or coming from pieces where such
diseases prevail, and laws for the exclusion O
foreign paupers and convicts, and persons o
vicious character, are almost universal, ard ar,
not deemed Inconsistent with the most liberia
treaties OF reciprocal con merce Our law agaills
the entrance of free persons Of color into th,
Stale falls strictly within the principle Of thes,
exceptions. Or the degree Of necessity for tn
enactment Of such laws, and their fitness for tn,
purposes for which they are intended each gov
eminent must judge for itself. In this, as in al