Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1852-12-01

! form OF Il Report, arc all herewith transmitted.
think it, however, proper to state tnat the
question of the boundaries between the two
States has lost much of its interest at present,
since an arrangement has been made by the
! President of the South Carolina Railroad Com.
pany with the city authorities Of Augusta, by
which a free passage across the Savannah river
is secured 10 the Company.
/ feel it my duty to call your attention to
certain proceedings which have grown out of
the enforcement of that law of our State, which
requires the Sheriff of Charleston to seize and
imprison coorcd seamcn, who are brought to
that Port. You will remember that the British
Consul addressed 4 communication to the Leg
islature in December, 1850, on the subject of a
modification Of this law. A Committee was APP
pointed by the House and Senate to report upon
it at the Session of the Legislature. The Com
! mittces reported adverse TO any modification.
On the Gath of March, 1852, Manuel Perrira
was imprisoned in accordance with the law al
luded to- The vessel in which he sailed was
driven into the port Of Charleston in distress
This was looked upon rs 4 favorable case upon
which 10 make an issue, rs so strong an element
of sympathy was connected with it. Accord
ingly, Il motion was made before Judge Wlhers
for Writ of "IEtbras Corpus" which was re-
fused by him. These proceedings were insti-
tutcd by the British Consul, it is said. under in
sructions from his Government, TO test tie con-
situiic nality of the Act. think it here pro-
per to state, that Pereira was at perfect liberty
TO depart at any moment that he could geta
vessel 10 transport him beyond the limits of the
State In truth, in consideration of the fact
that his coming into the State was involuntary,
the Sheriff of Charleston, with his characteristic
kindness. procured for him q place in 4 ship
about 10 sail for Liverpool. Early in April,
Pcrcira was actually released, and on his way to
the ship, having himself signed the shipping ar
tices, when, by interposilion Of the British
Consul, he was again consigned to the custody
Of the Sheriff. A few days after this the Brit
ish Consul insisted no longer on lis detention,
but voluntarily paid his passage to New York.
This was looked upon as an abandonment OF
that case. The statement of Mr.. YATcs, to-
gether with the letter of the British Consul, are
herewith transmitted.
Willie these proceedings were pending, the
Sheriff of Charleston had my instruction not to
give up the prisoner, even if'a writ of Iiabeas
Corpus had been granted. | considered that
the "Act of 1914" entitled can Act more ef-
fectually to prevent negroes and others persons
of color from entering into this State, and for
other purposes" made it my duty TO do so.
On the 10Th of May, Reuben Roberts, COL
orcd seaman, native of Nassau, arrived in the
steamer Clyde, from Baracoa. The Sheriff of
Charleston, in conformity with the law of the
State, which has been in force since 1923, ar.
rested and lodged him in the district Jail, where
he was detained until the 26th of May, when,
ttfeSClyde being .roaay =sail, Roberts wasput
on hoard, and sailed the same day.
On the 9th of June Writ in Trcspass, for
Assault and False Imprisonment, from the Fed
eral Court, was served upon Sheriff YATES, lay
ing the damage at $4,000.
The Act of 1911, take it, was intended to
prevent all interference Oh the plrt OF any power
on the face Of the earth with this execution of
this police regulation, which is so essential to
the peace and safely of our community. Had
the Legislature which passed it ever dreamed
that the Sheriff WAS TO be subjected to the an
noyance of being dragged before the Federal
Court for doing his duty under - law of the
State, am sure it would have provided for his
protection. As no such provision has been
made for so unexpected a contingency, recon-
mend that you so amend this Act OF 1871, that
it may meet any case that may arise.
1t is certainly wrong to tolerate this inter-
ference with The laws enacted for the protection
Of our institution. In the general distribution
of power between The Federal and State Govern
mcnts, the right 10 make their own police rcgu-
lalions was clearly reserved 10 the States. In
fact, it is nothing more nor less than the rtSht
IF sey:peserration-a right which is above all
Constitutions, and above all laws, and one
which never was nor never will be, abandoned
by people who are worthy to be free: 1t Is
right which has never yet been attempted to be
denied to any people, except TO us.
The complaint against this law is very strange,
and the attempt to bring us i'll conflict with the
General Government on account Ofit, is still
more remarkable; when, so far from is being at
variance with the laws of the United States it is
only requiring the State authorities to enforce
IN act of Congress, approved Febry 2Sih, 1893,
entitled, an Act 10 prevent the importation OF
certain persons into certain States, where, by
the laws thereof, their importation is prohbited.*
By referring to this Act, you will sec that the
plaintiff in the action alluded to, was prohibited
by it from entering into this State. deem it
unnecessary however; 10 enter fully into the
argument. If any doubt should be entertained
by YOU as to its conslitulionality, beg leave to
refer to the able Opinion of the Hon. ]. Nc
PHERsoy BERRlES, delivered at the time he was
Attorney General Of the United States, which
herewith send you.
On the subject of the modification of this law,
am free to say, that when Her B. Ms Govern
ment, through its Consul, made Il respectful re.
quest to our Legislature TO that effect, | was
anxious that it should be made. 1t was with
pleasure that transmitted his first communica-
tion to the last Legislature. would have made
q recommendation of its modification special
point in my first Message but that thought it
indicate to do so, rs the matter was already
before the Legislature, and committees had been
appointed to report upon it. Another reason
for the neglect of this recommendation, was the
then excited state of party politics, which might
have prcclulcd the possibility of q calm csnsid.
Grafton of the subject. But for the proceedings
instituted in the premises, wonld even now re-
commend modification of the law, so as 10 re.
onire Captains, to confine their seamen to their
vessels, and to prevent their landing under heavy
penalties. For while think the State has a
perfect right to pass whatever laws on this
subject it may deem necessary for its safety, yet
the spirit of the age requires, that while they
should be so formed rs to be adequate 10 our
protection, they should be ut The same time as
little offensive us possible 10 other nations, with
whom we have friendly relations. But since an
attempt has been made to defy our laws, and
bring us in conflict with the Federal Govern
mcnt, on Il subject upon which we are so justly
sensitive, our own self-respect demands that we
should not a6ate one j0t OF title ofthat law, which
was enacted to protect us from the influence of
ignorant inccndiarics.
1t gives ME pleasure to inform you that the
! Cy.