New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-30
Message Of the Governor Of south Caroliaa'

lie SCUM PePSA'
Message of Gov Means at the recent opening OF me
session Of the Legislature Of that State After tne usun
acknowledgements TO the Most High for tho fsvors
which have crowned the year the Governor passes 10
consideration Of the condition Of the various instu
tons Of learning which have been established within
The limits of the State The South Carolina College
and the newly established Military Academies are in
satisfactory condition while the presen, system OF
Common schools OF the large towns he regards as
failure snd recommends the appointment Of an agent
10 examine the subject fully for the purpose OF devs
ing some means of improvement.
The state Bank he finds in prosperous condition,
and ercues In favor of rcchRrterng it, the present
charter exuirin- in 1856 After noticing some other
LEGAL matters he devoes paragraphs to the ques
,ons Of prblc executions and the punishment by
whining The former he would have private, and
tie ls,,er abolished The railroads constructing
fruitful tonic az present in the Messages OF South
ern and Western Governors-sre dwell upon 20 some
extent hut the questions Of most interest to readers
ont Of the State are those of the sbomnase law BY
which free citizens Of other States and countries are
hut up in her dungeons for possessing skins OF a
tewny hue and that OF Secession
The following the history of the proceedings which
have resulted from the incarceration OF Manuel Perea
as related by his :. c. Excellency;
feel il my duty to cali your attention 70 certain pro,
cCclings which have grown out Of the enforcement OF
that law Of our state which requires the Shern OF
Charleston 20 seize and imprson cOlored seamen VITO
are brough to that port You will remember that the
British Consul addressed communication 10 the Legs
Miurc in December 1850 ou the subject OF mOdinca
ton Of this law. committee was appointed ny the
House and nate 70 rapCt upon al the neEt session
vi the Legislature. These committees reported adverse
On The 94th Of March. lsJ9, Manuel Pereira I'M
pisontd in accordance with the law alluded %. Ine
vessel in which he sailed driven into the port OF
Crorlcstcn in distress This was looked upon a IA
vorac case upon which make an issue, IA so strong
m element Of sympathy was connected win H. &C.
cordugly motion was made before Judge W 'hets ior
n wit OF kabeds corps, which was refused by him.
Thee proceedings were instituted by the Brush Con-
sui il IL said under instructions from his Government
10 test the COnstitutiouav of the act think II mere
prorer 10 state that Perers at perfect liberty 10 de
pant at eny moment that he could get vessel 20 trans
port him beyozd the limits OF the State. In truth IN
consideration OF the fact that bis coming into the state
was involuntary, the Sheriff OF Charleston with ms
characteristic kindness, procured for him place IN
chip about to ss for Liverpool Early in April Pereira
was actually released, and on his way to the snip nav
ing himself signed his shipping articles, when oy inter
poson OF the British Consul he was again 20
Inc custody of the Sheriff few days after this the
British Consul insisted longer on his detention but
voluntarily psrd his passage to New fotk ms was
L., kc6 uf,cn NJ an abandonment of that case The
statmerf OF Mr. Yates together with the letter OF the
british Consul are herewith transmitted.
LVtc those proceedings were peHding, the Sheriff of
Charleston had my instructions not 10 give up the pris.
oner even If writ Of Habcas Corpus had been granted
red that the Act of lc44 entitled "An Act more
efecusl prevent negroes and other persons OF col
or from entering into this State and for othcr purpose
made tiny duty to do 30.
ON the 18th OF May, Reuben Roberts colored sea.
mrn. native OF Nassau arrived in the steamer Clyde
from BaIaCCa. The Sheriff of Charleston in conformi.
~ with the law OF the State which has been in force
since le3 arrested and lodged him in the district jail
where he was detained until the Goth of May when the
Clyde being ready to SAIL Roberts put on board and
sailed the same day.
On the 9th Of June Writ in Trcsspass for Assault
and False imprisonment, from the Federal Court
served uren Sheriff letes, laying the damages at
$1,000
The Act Of lsi4 take it, was intended to prevent all
interference The part OF any power the face OF the
earth with the execution OF this police regulation which
so essential 10 the peace and sety Of community
Hrd the Legislature which paesed Il dreamed that
the Sheriff was 20 be subjected 20 tie ANNOYANCE of
b inc dragged before the Federal Court for doing HE
duty under law OF the State am SIRE it would have
provided for his protection. As such provision has
been made Tor 60 unexpected a contingency recom-
mend that you amend THE Act Of 1874 that ii may
meet any case that may arise
1t c,ItiIy wrong tolerate this Interference with
the laws enacted for the protection OF institutions
In the general distribution OF power between the Fed
err and state Governments the rightto make their own
police regulations clearly reserved TO the States Ia
act IL II nothing nor less than the right of self
ITtsGUGCHa right which IL above all Constitutions, and
be- abandoned by people who worthy 10 be free.
1t is right which has yet been attempted to be
denied TO any people, except to ~
The compaint against this law il very strange, and
tie attempt TO bring US in conflict With the General Gov
err ment on account OF it, is still more remarkable,
whcn so far from It's being at variance with the laws OF
-, 7ct, u Is only requiring the state authortles 70
an act OF Congress approved February % 1903
entitled an act 10 prevent the importation Of certain per
sors INTO certain States where, by the laws thereof
heir importation is prohibited (See "a Story's Laws
T. - ~ To this ocf will
that the pniuti IL the action alluded To prohibited
by it from entering into this State. deem il unneces
nly. however, fully into the argument If any
doubt should be entertained BY you TO it, constin
beg leave TO refer You 20 the able opinion Of
Hon Mcpherson Bcrrien delivered al the time he was
Attorney General ofthe United States, which herewith
scnd you
On the subject Of the modfcntion Of this law, am
free 10 sey that when Her Britannia Majey's Govern
ment through tie Consul, made respectful request to
Legislature 10 that effect was anxious that it should
he made. 1t with pleasure that transmitted his
fret communication 10 the last Legislature. / would
have made recommendation OF IL modification spe-
cia pcLt IN my trs message, but that thought il nde
cate 10 do so as the matter was already before the
Legislature and Committees had been appointed 10 re-
port upCn L. Another for the neglect Of this
recon.mtndGtcD the then excited state of party
politics, which might have precluded the possibility OF
calm Liberation Of the subject Bat for tho proceed
ng- Instituted III e prenises, would even now recon-
mend Modification Of the law, TO require Cap
tsns q vessels TO conne their coored seamen to their
Vetfel- ara 10 prevent tner landing under hehvy penal
tc, for while think the State has perfect right 10
pass Whatever laws hs subject il may deem neces.
sGry iCr IT. safety yet the spirit of the age requires that
whe they flould be formed be adequate to our
pToCciCD, they should be the time as little Of
iensiye possible 20 other nations with whom we have
friendly relations.
But since attempt has been made to defy our laws
and brng in conflict with the Federal Govern nent
on sub Jet UPON which are 20 Justly sensitive our
own selfrespect demands tlot should not abae one
JOt title Of that law whh enacted 10 protect Va
'Tcm the influence Of ignorant incendlaries.
From the manner in which the Governor treats the
other great topic OF Southern rhetoric and rhodomon-
tade, VIZ the horrible aggressons Of the Federal Gov
eminent upon the rights and Liberties OF the South
siTsnger might conclude that in comparison, the yoke
Of Austria upon the necks Of Italy and Hungary s but
a feather We have room for the whole of what Is
said upon this fertile theme but see with what pathetic