The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-28

NO Sse"sese Mas nOucoe eho revival 81 Al
old controversy:
CoLoRKD SEAnEs AHD SrArg RIcnrs-Osr
readers have not forgotten Tie carrespopdemce
which some time since took plaes heteeen His
ExcelIency. Gov. Means, cad Her Bsissh Ma.
jesty's Consul, Mr. Matshs~. We psbiisbed
in the Standard, Of the 6th December ~. the
very temperate, dgnided, and we'll argued re.
port Of Mr.. Mazyck, chairman Of the special
committee OF the Senate, to vhom had besn re-
ferred the message Of the governor, transnit-
ting this correspondence In our issue OF the
18th December, We gave to our readers the able
report of Mr.. McCready, on behalf Of the CON-
mittec Of the other House, on the same subjsct.
We have now to call the attention of the pub.
lie to the fact. that the practical issue has been
made, by which the validity Of the lava in 70.
gard to colored seamen arriving in our portD
to be submitted to the judicial tribunals Of
country. For ourselves, We have no fears for
the credit Of the State in such q controversy
The right Of the State to control, by her own
legislation, the whole subject matter can. - va
think, by full discussion, be established upon
basis which, in the South ut least, will never
hereafter DO questioned IL there be defects in
the details Of the regulations enscted, the con-
alteration Of them is now preeluded, when the
issue presented il the right Of the State TO act
at all in the premises.
The writ Of habeas corpus was applied for,
before Judge Withers, during the term Of ths
court which has just closed, by the British con
sui. through his counsel, Mr.. Petigru, in behalf
of one Manuel Pereira, colored sailor, who
claims to be Portuguese subject articlsd to
service on board an English brig, driven into
Perera being then in Jail, under the provisions
of the act of the legislature of this State, passed
in 1885, amendatory Of the previous acts on this
subject. Judge Withers, il compliance with
the requirements of the act of 1874, refused the
writ of habeas corprs, and notice of appeal has
been given. Thus, is the issue upon us.
We have but one regret in the matter, and
that is, that the case made is one where the par
ty asking his liberty has been driven into our
harbor pvoluntarily. Great Britain, it is true,
is the last power which should complain on this
account, with her own example in the case of
the Enterprise before her eyes; but we do not,
we confess, like this feature of the law. We
have no doubt, however, that this fact being
brought to the notice of the Executive he would
interfere promptly to release the individual in
The present case, Tor. indeed, any other similar
case,) provided, the party petitions for the pur-
pose, and engages, at once, to leave the State.
Butwe shall see nothing Of this. Mr.. Msnuel
Pereira, like another John Wilkes is to have
settled in his person, great questions of consti-
tutional liberty. The posterity which, in after
times, shall read Of his voluntary martvrdom,
and heroic selfsacri6ce in the cause of suffering
humanity, must be somewhat better informed
than Mr. Pereira himself, for we observe that
his clerky skill did resch the point Of enabling
him to subscribe his name to the petition for
habeas corpus, which is to figure so conspicu-
ousy in future history, it being more primitive
ly witnessed by his mark"
We have said, however, more than we intend
ed Our object at this time, was to recommend
ed to our readers the mastery and conducive
argument which we furnish them in the opinion
of Judge Berren, given by him while attorney
general, in 1881, to General Jackson, then
President Of the United States.
We recommend this opinion, not merely for
its admirable style, its thorough research. and
irresistible logic, but because it is valuable az
authority. We do not hesitate to say, that
Judge Berrien expressed at that time, the views
not only of General Jackson and his cabinet,
but the views Of the great body of the Repub-
lican party throughout the Union, and the
views, we may add, of all parties in Georgia.
II had the effect of putting the question of the
validity Of these laws to rent, until revived in
l843, when Mr.. Winthrop, as chairman of the
Committee on Commerce, attempted to answer
it in an elaborate report to the House of Repre-
sentatives, an attempt which proved, we think,
most signal failure