The daily union., 1852-11-27

son opportunity 10 test his strength
After hall an hour Of unmngled qualification. we left
the studio OF Mr. Powers full OF admiration both OF the
artist and his wofks " TfH Us if1f tN
From the Charleston Standard
The Law OF CoIored seamen I'm South Carolina
Some tune ago called attention to certain cases IA.
silued IN our courts Tor the purpose oil testing the
ldlty OF our laws relating To coored seamen At that
time we were led 10 believe that the opinion OF the cab
net at Washington was adverse 10 the law OF South Caro-
lima, and that the cases for testing lis validity
menced with the appreciation OF the cabinet Whether
or not this impression be correct, IL certain that
OF the defenders OF the administration have heretofore
taken ground against law, and The administration
itself has done nothing prevent this interference Of
Great Britain with police regulations. II must be
we'll known TO Mr.. Fillmore and his constitutional ad
ysers that the British consul al Charleston, under
OF treaty OF Great Britain with The United States denies
right TO exclude from ports certain persons whose
presence regard dangerous 10 us, and that the pro-
OF the edeat has been used test the Ques
ton. in the form OF action Tor trespass against the
sheriff OF Charleston district The case progresses in The
form oi private suit, but concealment made oil the
openly pressed by Mr. Mathew, her Majesiys consul as
an affair OF State Under these circumstances, The 81
lence and non-nterference Of Mr. Fmore's adminsira
ton have reasonably led the conclusion that It favored
the movement Of the British consul and doubts the right
OF this Stale TO make her own police regulations, OF the
necessity OF which she alone is to judge Such, al least
has been opinion OF the position Of the admlnslra
ton, and many Others Of etzens have concued in
it. #.ar t....
But the Cuban authorities have raised aquestion sup
posed 10 be similar 10 that which is in issue here ard the
necessity OF taking position upon that question has so
pressed upon the Washington cabinet that its opinions
and policy must now be declared 10 the country. In this
new junetuse, the Washington Republic, Mr. Filnores
organ, out fatty in favor OF our law, and PLEADS II
as precedent in Justification OF the Spanish authorities
their exclusion of the Crescent City from the port of
Havana. The following is the strong, emphatic Ian
guage OF the Republic upon this question: @
"What publicist-what man OF common sense--de-
nias 10 copry The right of enactng and enforcing such
police regulations its rulers may deem necessary TO its
peace or saety France, in seasons OF domestic trabe,
DEGREES that certain suspected individuals and classes
shall her boundaries, and neither Ledru Ron
nor Louis Blanc questions her right 10 do however
little they relish the hardship occasions When Ire.
land was in state of ncpent rebellion England seized
and cast into prison AMERICAN citizens who suspect
ed OF fomentng mschief and though Mr. Bancroft re-
monsraed against the hashness of the proceeding,
tber he nor MIR. Buchanan the then Secretary OF State
disputed the right on which il rested AT this moment
South Carolina her right TO hold in duress cooIed
subjects Of Britain entering Charleston harbo N British
vessels not besause they have committed felony but
because their color brings Them within the range OF
lice provisions, which the local authorities hold 70 be
sentia 10 the good order OF the city Still more South
Carolina and Louisiana claim and enforce the right OF
mpnsoning-and, undev certain contingencies. selling
eoored citizens OF Boston, New York. or Philadelphia,
sailing as servants on board OF merchant ships or steam
ers, when they irespass against local laws-aws not
eveied against ,beit Drunkenness riot, but simply
against the presence in particular circumstances OF tree
coored individuals Surey then, the right conceded 10
England in times OF peril. and exerted even new BY
France and by States OF this Union, may without mpropI
be claimed by Span and be exercised by her any pre-
caatonary measures sha may adopt 10 maintain her colo
NAL possessions intact II is ihe right OF sef-deience,
and nothing IL Cuba, having adisaHectsd pqpEl-
ton amongs the Creoles, be enaced By organized bos
in the United Siates her government IS clearly Jusiei
in declaring who shall and who shall not be permitted 10
land upon ber shores and this country has no ground Of
offence il one apoihe Of our citizens be excluded by
the arrangement thus deyised.H .a
Thus II is tina, reluctant administration, when forced
by outward pressure, al last yields tardy, unwilling as
sent 10 the validity OF law. This being the second
administration which has decided. may rest
assured that the able and learned opinion Of Judge Ber
ren, then United States Attorney General, was sound
law and such, it will be sustained by the country.
Bat though We hold The position OF the Republic to be
sound we By no means assent 10 the conclusion which
II draws from It, Oar precedent would justify the Span
sh authorities in excluding from their ports any class OF
our citizens, such our naiurazed Creoles, whose
presence there might be regarded dangerous TO the
public peace; ii might justify them in excluding
individual, and in subJeeng him 10 restraint II be should
persist IN entering their ports after notice not TO do So
But !, cannot uphold them in excluding the vessel which
carries him. refusing TO unsuspected passengers the
right TO enter merely because they happen to arrive in a
vessel which has suspected petson on board. South
Carolina imprsons the ceored persons who enter her
ports contrary law but she does not subject the
sells in which they 10 any restraint whatever The
other passengers and crew are received as ~ other cases
aud the individual whose presence the law orbids ~
subjected that restraint which IS supposed 10 be neces
sary her safely Her therefore, precedent
justification Tor that of the Spanish authorities at Cuba
But the position which cabinet has taken upon that
question clearly maintains the validity OF olt aw aad
and indifference under the annoyances to which the su
ihores OF Stale have been subjected lin defence oil
this now Acknowledged national right .a.H.