The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-25

quences which are to follow such scenes, but recur
with pleasure to the calm which now temporarily
Pervsdes the country, a. aiosdng fit opportunity
for all good ctzens to appreciate the value Of the
Union, which, by the conservative principles Of our
constitution, 70 emphatically constitute US one
people, an opportunity in which al should resolve,
,Ss MIN .,.spsss vigilance 70 guard IT, not only a;
| the great store-hOuse of all our hopes, which,
under Divine Providence, Is not only to perpetuate
our own safety and happiness as American citizens,
but likewise constitute US the great exenplar OF
| nations @0. .*"t' # 4a..o .4f @
South Carolina Free Negro Laws, and Brit
Ism negToss-CorresRssds ncc between the
British Consul and the Governor or South
Carolina. .tr .N .tAJA.4 4
BRITISH CONSUL TO THE GOVERNOR. ~
49, m SO COLUMBIA, Dec. IA, 1850. d.
The undersigned, her Britannia Majesty's Con.
sui for the States OF North and South Carolina, has
the honor to intimate to your Excellency, that he
is instructed to invite the consideration Of your
Excslency, and of the Legislature OF South Caro-
INA, now assembled, to the existing law of the
State, under which a class of her Britannia Ma
Jesty's subjects, entering, on the guarantee Of q
national treaty, the ports of Sourth Carolina, in
trading vessels or in distress, are taken from the
protection of the British flag, and imprisoned in the
common jails until the moment of their ships de-
parture. .t...-.-g. 800
The direct mode, adopted by H. b Ms govern
ment in this communication, will, the undersigned
hopes, be accepted as further proof Of considera-
ton and good will towards the State OF South
Carolina ~
Aware of the constitutional change impending
upon his arrival, he has purposely awaited your
Excellency . official Inauguration into office.
The State of South Carolina, the undersigned
apprehends, has derived advantages of moment
from the present liberal commercial intercourse
with Great Britain, as it is evidently the
price at which her staple commodities Of rice
and cotton can be sold, that limits their
production and importation from various other
countries nor will 1t escape the recollec-
ton OF your Exec llency and of the Legisla-
lure, that the puDctilious adherence of the British
Government TO the unintended but strict, applca.
uon Of the wording Of the mutual treaty - enabled
a talented Carolinlan gentleman to obtain for the
South, under IL, further benefit
To the distinct clauses of that treaty, and to the
declaration In the constitution of the United States.
"That the constitution, and the laws of the United
States, " hch shall be made in pursuance thereof,
under the authority ofthe United States shall be the
supre me law Of the land The undersigned begs
10 call your Excellenc'y attention, apprehendin
that its inf action by the act in question will appear
The substitution of any more 60 protective" basis
OF commercial intercourse for the present treaty,
would, he feels persuaded, be at variance with the
wishes of her Britannia Majesty's government, but,
ii is just. and Indispensable to its continuance, that
perfect reciprocity in its advantages should be
aomltted.
Her Britannia Majesty's government seek this
reciprocity IN the unrestricted trade OF her Ma
jesy's West Indian colonies with all parts of the
United States. These colonies mainly depend ON
their imports for corn, -four cattle, salt provisions,
and lumber; and to their small but numerous yes
sells, Unnecessarily manned by mixed aud chiefly
colored crews,) the ports of North and South Car
DINA, respectively, are more especially suitable, and
at all seasons accessible.
Your Excelency and the Legislature will the
undersigned cannot doubt, concur with him ia the
general International understanding OF the powers
of police or port regulations, co-existent with
treaties, namely:-That such permanent regula-
lions should exten nd TO foreigners the restrlc
TONS they impose natives of the spot where
they are enforced, OF similar class and calling,
and no more.
The undersigned INDUCES in the hope that,
under these circumstances, the Legislature OF
South Carolina will see hit to abrogate or amend
such portion of the law applies 10 the subjects
of foreign allied powers, and will thus strengthen
the existing bonds of commerce, of frlensship
and OF mutual good faith, with kindred nation.
tSignedl GEORGE &. MATHEW.
To His Excellency, The Governor and Com.
mander-in-Chiefo OF South Carolina, sc nc.
THK GOVERNORS REPLY.
EXECUTIVE OFFICE,
COLUMBIA, ). G. Dec. 10, 1850.
The undersigned, Governor of the Common
wealth of South Carolina, has the honor 10 ac-
knowledge the receipt Of the communication OF
Her Britannia Msjesty's Consul, in relation 10 the
law now existing, by which a class OF ii b. NJ IS
subjects are imprisoned upon landing in Charles
ton, and the Undersigned takes this occasion To
sure ii. b. M 5 Consul Of the friendly feeling
teItalhed 10 his government by the State over
which he has the honor 10 pr, side, and that dis
position exists 10 do anything that might tend TO
disturb the amcabls relations existing between
The TWO governments.
The law alluded TO, the Legislature of South
Carolina deemed necessary TO enact from conside-
ratlons Of safety to the institutions Of the State,
and not with view OF imposing any unnecessary
restraint upon the seamen claiming the protection
of The flag of any friendly power.
The communication OF III. Il. NJ s Consul will be
transmitted TO the Legislature at the earliest pos.
sible convenience of the undersigned, aud no doubt
will meet with respectful consideration.
To H. b. M Is Consul, George B. Mathew, Esq.
ADDITIONAL NOTES TO THE GOVERNOR
COLUMBIA, Dee IL, 1850.
The undersigned, Her Britannia Majesy's Con-
sui for the State of North and South Carolina, has
the honor TO acknowledge the receipt Of your
Excellency's mote" Of the 10Th inst conveying 10
HIM the gratifying assurance of the friendly feel
ings entertained 10 his government by the State
over which your Excellency presldes, and init
mating, also, your Excellency's intention TO trans
nit the communica alton Of the undersigned at your
Excelle1cy's earliest convenience, 10 the Legisla-
tUre Of South Carolina.
The undersigned would merely desire, in con-
tlnuaDce Of his note" Of the I4th inst, TO request
the consideration Of your Excellency, and VI the
Legislature, to The opinion OF the late Attorney Ge-
neral Writ, deliberately written, under the com
mand Of the Hon. J q Adams, President OF the
United States, aud printed ia "Elliot's American
Dnplom. Code" (Appendix, vol n, y. 676) con-
clunlng IN me borrowing forctbe language
Il am Of opinion that the section Of the law
under consideration void, for being against the
constitution, treaties, and Jaw OF the United States
and incompatible with the rights Of all nations in
amty with the United States"
This opinion your Excellency WILL the under
signed conceiyes, bold to be well founded on the
supreme power OF treaties, "a ruled by all writers
on International law, ard briefly but decisyely laid
down by Wheaton, in his " Elements Of Interna-
tlonal Law" who states, (page ll2, chap part
% under the head Of the Rights Of Self Preser-
Walton and Independence" Of nations -
The only exceptions TO the application Of these
general rules arise out Of compact such treaties
81 alliance, guarantee, OF mediation, to which the
State itself, whose concerns are in question, has
become a party"
The undersigned feels fully assured that her Ma
Jesty's government may confidently rely on the
justice and good faith Of the lie aisature Of South
Carolina to anest, from the present moment, the
operation at an act which he apprehends will, on
examination, be found liable (by the individual ir-
ritation i must cause) to create the results il