The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-12-12


able report on very important subject-in
which the interests and the safety of all the
Southern States are equally involved 1t was
made by special committee of the Soath Car
DINA Legislature.
THE Law OF CoLoRED SEAMEY-The spe-
cial committee, to whom were referred the mes
sage of his excellency, the governor, transmit.
ting communications received by him from
George B. Matthew, ESQ.,, her Brtanc Ma
jesty'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 it, have had the same
under consideration, and ask leave respectfully
to submit the following
REPORT.
The grounds of complaint suggested by her
Majesty's consul, against the law in question
are substantially as follows:
LIST. That il takes from under the protection
of the British flag, and imprsons in the com.
mon jas until the vessels in which they come
are ready to depart class of her Maiesty's sub.
jects entering into the ports of South Carolina
under the security of the treaty of commerce.
between her Majesty and the United States, in
pursuit of lawful commerce or in distress,
treaty, which is the supreme law of the land.
ID. 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 United States, which
is carried on in small vessels chiefly manned
by colored crews, and for which the ports of
North and South Carolina are especially suit
able.
3D.. That it conflicts with the general prin-
ciple of international law, that police or mum.
cipal regulations, coexistent with treaties, should
extend to foreigners the same restrictions, and
no more, which are applied to natives, or sub
jects 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
ries of her Britannia Majesty, in Europe, n re-
ciprocal liberty of commerce. The inhabitants
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 to remain and reside in any
part of the said territories respectively; also TO
hire and occupy houses and warehouses, for
the purposes of their commerce and generally
the merchants and traders of each nation re-
spectively shall enjoy the most complete protec-
ton and security for their commerce, but sub
ect 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 ia here used has
never been, nor can it be, Justly understood TO
deprive the contracting parties of the right to
exclude, from their respective territories any
class of persons who might be burdensome to
the public, or dangerous TO the health or to the
peace, good order and security of the commu.
nifty. Laws to provide against the ingress of
persons laborng under contagious or infectious
diseases, or coming from pisces where such
diseases prevail, and laws for the exclusion OF
foreign paupers and convicts, and persons of
vicious character, are almost universal, and are
not deemed Inconsistent with the most liberal
treaties of reciprocal commerce Our law against
the entrance of free persons of color into the
State falls strictly within the principle of these
exceptions. OF the degree of necessity for the
enactment of such laws, and their fitness for the
purposes for which they are intended, each pov-
eminent must Judge for itself In this, as in all