The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-03-20

Everybody knows that the moment British
ship touches at port in South Carolina, those of
her Grew whose complexion falls below a recog-
missed standard Of olive, are Immediately taken
into custody by the police, and lodged in prison
TIL the vessel clears outwards. Some extraordi-
nary examples Of this peculiar practice appear
to have co. recently under the notice Of our
Consul at ca 'rleston, and he has been instructed
by the Foreign aice TO lay as;rong remonstranoe
before the Governor Of the State The Ameri-
can newspapers would have us believe, that this
proceeding on the part Of the local agent Of cur
Government has raised great question of inter
national law between England and United States,
and stll greater question OF constitutional jurs-
prudence between the State Of South Carolina
and the American Federation
IL may be remembered that representations ON
the same head were some time since addressed to
President Tsylor's Administration, by the Eng
lish plenipotentiary at Washington. A not very
laifleo clefr haussou that prrIrvgc Or ns
generating British subjects, on account OF discol-
Grafton Of the scarf skin, not Of the rights
ceded TO the Federal Government by South Caro-
lima, in the constitutional pact The application
Of Mr.. Consul Mathew to Governor Means is
the direct logiosl- Of Secretary Clay
toms letter: but, in the sciences Of diplomacy
md Of constitutional interpretation two and two
do not always make four, nor is the conclusion at
"
Federal authorities, recoling from the anomalies
which the independent action OF single State
would entail, and not q little irritated, per-
haps, by the evident complacency of Governor
Means in repeating the words " our Government"
"your Government and "the two Govern
ments "-hare abandoned, under Pre'niea FUlmoTs,
the position mhioh they took mp nadey President Idy-
Tor, and Sir Hen1y BnlBer rs 1lgdged ma I" long and
attire correspondence,D explanatory OF Consul
Mathews diplomatic irregularity In resorting to
the subordinate instead Of the superior.
II can never be contended that no wrong has
been suffered The grataitous imprisonment of
whole class Of British subjects, tested by every
criterion Of international law, and still more by
that large and liberal version Of IL which was
sanctioned by the House Of Commons Ia the
Greek debate, amounts TO n diplomatic grievance
Of the first magnitude The most considerate and
long-suffering Of foreign ministers would never
endure that, under general permission to trade
with Roman Catholic country, Protestant sailors
should be locked up as soon Ms they landed and Ro-
mauists only allowed to 70 at large. The King Of
Naples is as anxious to keep free Englishmen ont
Of his domnions, az South Carolina can be 10 ex-
clude free negroes from her boundaries. But he
does not declare that his associate pres
ence OF Englishmen with revolutionary princi-
ples-that the characteristic marks Of an English
man are red hair and red whiskers--and that he
Is therefore under the painful necessity Of inn
prisoning all red headed foreigners who may visit
his realms
The abioated- Bourbon confines himself to the
expedient--at all events, an impartial one--of an
intermnable quarantine, which Is calculated to
slay the most fervent Of propagsndists with wea-
riness and e,ap. In the case OF America, the In
dignity offered TO us by the South Carolinisn
PRACTICE IN the more inexcusable, because the re-
lations Of the two countries are not governed
by the common law OF nations, or by single
treaty, but by O succession OF treaties, and by
habitudes Of commercial intercourse which possess
| q sanction almost beyond that Of international
engagements. Nor can il be urged against us
that we have not appealed TO the proper tribunal
| We had recourse TO the Federal Government,
| and we were informed that no jurisdiction over
the matter resided in Washington We now be-
| take ourselves 10 the Government Of Csroins-a
sovereign State, In every incident of sovereign
| (which has not been transferred 10 washing
ton and The eenrai authorities immsdiaie'y interfere
NTH protest, wgug ypOn m-reaSo"aofy, n may os,
bm most Moeiooiiy--ths pvpier,tps mh,eh must enSHe
IRE attemp 10 treat ruth an 'oIa'ed member OF me
| FEDERATION on the sane footing as nah Marco or
| Chill We are thus called upon 10 give our assent
10 the doctrine that, by complicated Internal ar
rangements, a country may contrive TO snnul It's
external responsibility.
The truth Is, II Ia quite idle TO argue, as difh-
Guilty OF public or domestic law, matter which
every soul in the Union admits to be embarrassed
solely by circumstances and accident Nobody
has a shadow OF doubt that, In relnquishing the
management Of her external relations TO the Pres
ident and Congress Of the United States, South
| Caroins disqualified herself for the enactment Of
laws which, by their operations II not by thei,
language, affect the forsign policy Of the Union
The Constitution provides very simple mode o
supersedng local Jurisprudence where II encrosch
the privileges reserved TO the collective fede
ration. But the difficulty commences at the mex
stage. The fiery citizens Of South Csrolin
would be sure 70 disregard the disallowancs Of thei
aots by the Washington authorities, and any At
tempt 10 coerce them would be made at the cost o
civil war, and at imminent risk to the cohesion
Of the federal system.
In addition, II may be observed that there :
probably no wan il Amsriea disiaef,asd 10 pus
question 10 eriremuies than The present Secretary
State, hampered as he is by somewhat ertrapagdn
projessioms Of dspotion Of ths Unioa In the face
} such perplsxities, the most honest perhaps th
wlssst, and certainly the most consistent, polio
J would have been 10 let the British negotiation
} with South Carolina take their course. The ton
Of Governor Means, in the correspondence wit
} Consul Mathew, Is markedly courteous ssd II
: not st oil unlikely that the State Lsgjslstul