The republic., 1851-01-27
Correspondence
BETwsSa THE BRITisH Consul AT CHA8LEsroN
AND THE GovEasoR OF South CAROLINA.
Protect Of Consul Matker.

Corresp0ndence ls..ss q 81. q
BETWEEN THE BsIrIsH Consul AT CHARLESTON
AND THE GovEasox OF SOUTH CARoLInA.
Protest Of Consul Matkesc.
COLUMBIA, Dec. IL. 1850.
The undersigned, her Britannia mnjesty's consul
for the States Of North and South Carolina, has the
honor to intimate to your excelency that he is in
structed 10 invite the consideration OF your excel
lency, and of the Legislature Of South Carolina,
now assembled to the existing law of the State,
under which class of her Britannia majesty sub.
jects entering, the guarantee Of national treaty,
the ports of South Carolina, in trading vessels.
in distress are taken from the protection of the
British flag and imprisoned in the common jais
until the moment of their ships departure.
The direct mode adopted by H. b. M. Is govern
ment in this communication will, the undersigned
hopes, be accepted as further proof of considera-
ton and good will toward the State of South Caro-
lima.
Aware Of the constitutional change impending
upon his arrival, he has purposely awaited your
excelleney's official Inauguration into office.
The State of South Carolina. the un iersigned ap-
prchends, has derived advantages Of moment from
the present liberal commercial intercourse with
Great Britain, it is evidently The price al ,ohich
her staple commodities of rice and cotton be sold,
that limits their production and Importation from uari
other countries; will il escapethe recollection
Of your excelency and of the Legislature, that the
punctiliou5 adherence Of the British government to
the unintended, but strict application of the word
ing OF the mutual treaty, enabled a talented Caro-
a further benefit.
To the distinct clause of that treaty, and TO the
declaration in the Constitution of the United States,
"that the Constitution and the laws of the United
States, which shall be made in pursuance thereof,
and all the treaties made ,phich shall be made under
the authorities of the United Staies, shall be the
preme iatu Of the land, the undersigned begs to call
your excellency's attention, apprendlng that its
infraction by the act in question will appear indu
bitabe.
The substitution Of any more :" protective" basis
OF commercial intercourse for the present treaty
would he feels persuaded, be at variance with the
wishes OF H. b. Ms government, but it is just and
indispensable to its continuance, that perfect reci
pr0city in its adpanfages should be admitted.
ii. b. Ms government seek this reciprocity in
the unrestricted trade of Fl. b. Ms West Indian
colonies with all parts Of the United States. These
colonies mainly depend their imports for corn,
Hour, cattle, salt provisions, and lumber, and, to
their small numerous vessels, Unnecessarily manned
by mixed and colored creoles,) as the ports of
North and South Carolina, respectively, are more
suitable, and at all seasons accessible.
Your excellency and the Legislature will, the
undersigned cannot doubt, concur with him in the
general international understanding Of the poioers
that such permanent regulations should extend to
foreigners the same restrictions they impose on
natives of the spot, where they enforced, of a
similar class and calling, and more.
The undersigned INDUCES in the hope that, un-
der these circumstances, the Legislature Of South
Carolina will see fit to abrogae or amend such por
ton Of the law as applies to the subjects of foreign
allied powers, and Will thus strengthen the existing
bonds Of commerce, of friendship, and Of mutual
good faith, with kindred nation.
(Sgned) GEORGE B. MATHEW
To his excellency the Governor and Commander
in. Chief of S. Carolina, &C., sc.
Reply of Gouernor Means
Executive OFFICE,
COLUMBIA, s. c.. Dec l6, 1850
The undersigned, Governor of the Common
wealth of South Carolina, has the honor know
ledge the receipt of the communication of her Bri-
tannic majesty consul, in relation to the law
existing, by which class of her Britannia esty's
subjects are imprisoned upon landing in Charles
ton, and the undersigned takes this occasion to
sure her Britannia majestys consul of the friendly
State which he has the honor to preside,
and that no disposition exists to do any thing that
might tend to disturb the amicable relations now
existing between the two governments
The law alluded to, the Legislature of South Ca
rolina deemed necessary to enact from conside-
rations of safety to the institutions of the State and
not with a view Of imposing any unnecessary re-
straint upon the seamen claiming the protection of
the flag OF any friendly power.
The communication Of her Britannia majesty Is
consul will be transmitted to the Legislature at the
earliest possible convenience of the undersigned,
and no doubt will meet with respectful conside-
ration.
(Signed) j. H. MEANS
Toll b. Ms Consul, GEORGE b. MATHEW, esq.
Second Letter from Consul Matthew.
COLUMBIA, Dec. n, 1850.
The undersigned, her Britannia Majesty's con-
sui for the States OF North and South Carolina, has
the honor to acknowledge the receipt of your ex-
cellencys note of the 18th instant, conveying to
him the gratifying assurance of the friendly feel,
ings entertained to his government by the State
over which your excellency presides, aud intimat-
ing. also, your excelency's intention to transmit
the communication of the undersigned, at your ex-
cellency earliest convenience, TO the Legislature
South Carolina.
The undersigned would merely desire, in con
tinuance of his note' of the 18th instant, to re-
quest the consideration of your cxcellency and oi
the Legislature to the opinion of the late Attorney
General Writ elaborately written under the COM
mand of the Hon. J. @. Adams, President of the
United States, and printed in Eiot's Diplomatic
Code," (appendix, volume H., page 6I6,) conclud-
ing in the following iorcible language:
81 am Of opinion that the section OF the law under
consideration is poid, for being against the consttu-
ton, treaties and law of the United States and in
compatible with the rights of all nations in amity
with the United Slates.''
This opinion your excellency will, the under
signed conceives, hold to be well founded the
supreme power OF treaties, ruled by oil writers
international law, and briefly but dvcisively laid
down by Wheaton, in his elements of Interna-
'ional Law who states, (page l22, chap. j., part
tion and Independence OF nations
The only exceptions to the application Of these
general rules arise out OF compact, such treaties
OF alliance guarantee, or mediation, to which the
State ITSELF whose concerns in question, has be-
come party.
The undersigned feels fully assured that her
majesty government may confidently rely on the
justice and good faith OF the Legislature of South
Carolina to arrest, from the present moment the
operation of an act which he apprehends will, on
examination, be found liable (by the individual ir-
ritaton it must cause) to create the results it was
designed to preclude.
(Signed) GEORGE b. MATHEW.
His exceIlency the Governor of the State of South
Carolina
Reply Of Governor Means.
Executive DEPARTMENT.,
COLUMBIA, 18th December, 1850.
The undersigned, Governor over the Common
wealth of South Carolina, has the honor to ack
ledge the receipt of the note OF the 18th from H
b. M's consul, and informs him that it will be
transmitted to the Legislature forthwith.
z The undersigned takes this occasion to renew
hs OF his friendly feelings, and those
Of the State which he has the honor to preside.
toward II. b. Ms government, and also hs indi-
vdual respect for IL. b. Ms consul.