The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-25

utuis W. MSAuy T49&SN ps1tsV0~ys eovo u
mayor, Nth upnnicitN lga rights and powesq.
Bnt Il would be perfectly proper and coGupe-
tent, (and has doubtless occurred) for The Unifed
States minister, 70 instruct the United States
consul. recognized by the government for par
ticuIar distrct, to apply to any local authorities
against an act, under their jlrisdictior, contrary
to treaty, and in default Of the copsul's success,
he would then press for redress to the imperial
government, from whom, perhaps, he might
originally have received the intimation that ~
monstrarce on the excessive exercise Of any
local rights, should first be made 70 the local Au-
thorities by the United States consul accredited
for the town or district.
The editor Of the Courier see, smusingly
assumes, in publishing letter from some friend
Of Mr.. Matthew, on the 9Th: to reply indignantly
to whal does nat appear IN that leifer--as given ut
east-viz: that the federal government sent
Great Britain to Caroli,.a.
II mar certainly haze been 50. but only see
it stated that the federal government intimated
that the States were for internal regulations
sovereign and that South Carolina alleged that
this law was necessary and legal internal reg
ulation, or words TO that end.
In the correspondence now before me, in one
of your recent numbers, | find the consul !" 10
instructed to invite the consideration" Of the To-
cal legislature to an enactment passed by them
which he adduces evidence TO prove is at issue
with the treaties and laws of the United States,
and by which the commerce, properties, and lib
critics of his fellow-countrymen within his con-
sulate are seriously jeopardized.
He apparently desires to impress upon the
authorities, that he holds Great Britain 10 have
evidenced her amicable and conciliatory feeling
by this direct appeal for redress of this local
grievance, rather than to add to the existing en-
barrassments by pressing the subject with the
federal government He expresses also her re-
lance on the high honor, good faith, and good
will Of Carolina towards her best customer; and
! cannot but say that deem this direct" and
complimentary course to have been under the
existing circumstances, an equal proof of cour-
teous go,d will towards the federal government
as towards South Carolina.
The arguments Of the consul are further dis
tinctly based upon the advantages South Caro-
lima enjoys from the present treaty between Eng
land and the United S:ates-remarking, us he
does that it is under that commercial treaty that
her commodities can be sold so low in Liver
pool, AZ to limit and restrict similar produce and
imports from the East Indies and other countries
than the United States
This may be unpleasant language to those
who desire, per tds ct nefas, a widely different
commercial basis between the two countries
one hampered with duti 8, Inevitably recipro-
CALI which would be the utter ruin of some in
terests to "protect" others; but it is, neverthe-
less, Apostle and true, and should hare opened
the eyes of Others addressed, fully as the lead.
ing article of The New York Courier and Inquirer
of the 9Th ult., must do so.
The consul concludes his letter by limiting
that amendment of the law will tend to
strengthen the EXISTING bonds between the two
kindred States-the United States and Great
Britain.
The third point alone remains, which it is
surely unnecessary to discuss, unless the rights
recognized 10 every petty municipal corporation
be denied TO So1M Carolina.
What the first article of the Constitution, sec.
10, quoted by the Courier, declaratory that no
State "shall enter into any agreement or CON-
pact with another State, or with foreign pow
err" has to do with the representations of the
consul against a local law, locally affecting
British commerce, to- the local authorities, on
the very ground of its being against the U. s.
Constitution, it needs the talent of the "Courier"
or of his Pylades, The fallen Richmond Whig,''
to eucidate.
In reply to the quotation of the editor of the
Courier, let him ponder over the following pas
sage from Washington's farewell address:
1t is important, likewise, that the habit of
thinking in free country should inspire caution
in those entrusted with its administration, to
confne themselves wuhin thei, respective constifu-
tional spheres, aroiding in the exercise Of the
po'oers of one department TO encroach upon an
other.
The spirit of encroachment tends TO consol-
dot "a IF oil fbo ia ~uptr 20 in,
and thus 10 create, ,ohateuer the farm of govern
ment, a real despotism.
The necessity of reciprocal checks in the ex-
ercise of political power, by dividing and dis
tributing it into different repositories, and con-
shutting each the guardian Of the public veal
against invasion by the others, has been evinced
by experiments, ancient and modern--some of
them in our own country, and under our own
eyes. IT. in the opinion of the people, the dis
tribution or modification Of the constitutional
powers be in any way wrong, let it be amended
in the way the Constitution designates. But
let there be no change by usurpation, for,
though this in one instance, may be the instru-
ment of good, it is the customary ,oeapon by
,chich free governments are DESTROYED"
The editor will also find in the 10th article
of the amendments" to the Constitution, that
1.-THE powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved TO the States respectively "or
10 the people.
And now, sir, how stands the matter? That
this ordinance Is against the laws, Constitution,
and treaties Of the United States, appears to be
all but universally admitted; but it is replied,
that some strict regulations of this nature are
needful to the preservation Of life, and the
rights Of property. That energetic legislation
was called for at the time of its en- ,ctment, all
seem TO concede, but we must recollect that its
permanence was not eren then contemplated, and
was caused by the meddling of parties, in every
sense connected with the rights or demands of
the present claimants.
Ny opinion is that under present circum-
stances, as it now stands, the law causes by its
effect on the white portion of the crews, among
whom il has been enforced, as well as from the
use made Of its enforcement in times of tran
guilty, to excite public opinion, and draw from
it deductions against the institutions of the
State, the very dangerous effect it was passed
with view Of preventing. This is obvious
after the slightest inquiry
A part of the press has, with some perspica-
- k,..1 H. - L..