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

Other matters concerning Tie execution vi Urea
ties, the contracting parties are bound to the
observance Of good faith. Ii, under the pretext
If excluding dangerous class Of persons, one
party should exclude material portion of to-
subjects of the other, usually employed in co -
merce and navigation, so seriously to obstruct
or embarrass the intercourse which the treaty
was intended to sanction and secure, this would
be fraud upon the treaty, and might justly be
complained of as such. But no such objection
can be made to the law in question. 1t is GER
tainly very far from being unreasonable or sur
prisng that free persons OF color, coming from
abroad into the State should be deemed dan
ge-ous class of persons, aud dealt with accord
ingly. And they constitute so uncomfortable
portion Of tie subjects of the British empire,
that their exclusion cannot occasion any serious
Inconvenience to the commerce carried on 10
British vessels with he ports of South Carolina
Nor can it be said, with due regard to the
proper sense Of the words, that persons Of this
class, coming into our ports la British vessels
are taken from under the protection of the Brit
ish flag. Ga the high cas-, which are common
to all nations, and not subject to the jurisdiction
of any one, a ship and the persons on board of
her are under the protection of the nation to
which she belongs, and the national flag is the
emblem of this protecting power. But there is
no principle OF international law which carries
the authority of one nation represented by its
flag within the territorial limits of another
Foreign ships and their crews in the ports Of
South Carolina are, therefore not under the p o.
lection of their own flag, but subject to the au-
thority and under the protection of our law.
To so much Of the communications of her
Majesty's consul as relates to the British West
India colonies in particular, it is sufficient an.
swer that they are not embraced in the treaty
with which our law is supposed to conflict; for
the treaty provides only for reciprocal liberty
of commerce "between the territories of the
United States of America and all the territories
of her Britannia Majesty in Europe"
The complaint that British subjects of the
class TO which the law in question relates, are
put upon different footing from persons of the
same class, natives and subjects Of this State, is
entirely without foundation, and could only ha1e
arisen from inattention to the provisions of the
law. In truth, all free colored persons OF the
negro race, whether foreigners or natives, and
whether they come in foreign or domestic yes
sells, are subject to precisely the same rules; so
that free person of color, bern and brought up
in this State, and only lately resident here, com.
ing in vessel owned by citizens Of the State,
would receive the same treatment as if he were
a native subject of Great Britain and came in n
British vessel.
If the prevention Of free persons Of color
from entering this State operates in any degree
as an impeachment TO the commerce of British
vessels with our ports, it can only be by very
slightly diminishing the number of competitors
for emp oyment in the service Of such vessels,
and thereby proportonally enhancing the cost of
the service. But as the same prohibition extends
to all other vessels, IFS effect must be the same
upon our whole import and export trade. A |
thorough analysis would, therefore, probably |
show that the whole, or nearly the whole, of the |
burden, whatever it may be, is borne by our. |
selves. But at all events it cannot be questioned
that we bear at least an equal share of it,
The law which we are invited to surrender
was originally introduced soon after the detec-
ton and suppression of an insurrectonary move.
ment, devised and set on foot by free negro
who had been for some time in the habit of leav-
ing the State, and returning TO it Mt pleasure,
and whose frequent excursions were proved TO be
connected with his bloody designs. The law
has existed for nearly thirty years, and during
that time no similar conspiracy has occurred
How far it has contributed to this result, we cam
not pretend to estimate. But we know that the
OF our predecessors led them to adopt
it, and there is certainly nothing in our ex
perience TO induce us TO abandon t.
~ N"o O'Shoiil lthsitttui anu ms Decn con- |
tinued solely and exclusively with view to our
own internal good order and security, and with.
out the remotest intention to trespass upon the
rights or obstruct the commerce of any other
people. If il has served in any degree to pre-
serve the peace and welfare of the State. il il
certainly of great Importance to u.s. and oueht
not to be abandoned on account Of any slight in
convenience il may occasion to Others. Indeed.
there is too much reason to believe that the mur
murs and complaints against it which come TO
us from abroad are prompted much less by in
conveniences actually felt, than Nv spirit of
nnfnendliness to our social order and institutions
The committee are very far from intending to
mpute any such spirit to her Majesty's govern
nent or the gentlemen who represents them
here. They are undoubtedly actuated by no
other motive than an honorable zeal to watch
over and protect the rights of British subjects
wherever they are supposed to be nfriuged. But
I may be safely assumed that such over
lures az the one now under cons eration are
not made by the executive government, unless
At the instance of other persons brought to bear
upon them through the usual channels. And
when one member of the popular branch Of the