The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1852-12-01

this the British Consul insisted no longer
on his detention, but voluntarily paid his
passage to New York. This statement
Of Mr.. Yates, together with the letter of
the Britsh Consul, are herewith .,ans-
mitted. .aa,I \
| While these proceedings were pending
the Sheriff Of Charleston had my instruc-
tons not to give up the prisoner, even IL a
writ Of Habeas Corpus had been granted.
| considered that the "Act Of 1874" enti-
tied "An Act more effectually to prevent
negroes and other persons Of color from
entering into The State, and for other pur-
poses" made it my duty to do so.
On tie 10th of May, Reuben Roberts,
a colored seaman, native of Nassau, ar
rived in the steamer Clyde, from Baraco, !.
The Sheriff Of Charleston, in conformity
with the laws ofthe State, which has been
in force since 1928 arrested and lodged
him in the district Jail, where he was de-
tanned until the 26th of May, when the
Clyde being ready to sail Roberts was
put on board, and sailed the same day.
On the 9th Of June Writ in Trespass,
for Assault and False Imprisonment, from
the Federal Court, was served upon Sher-
iii Yates, laying the damage at $4,000.
| The Act Of 1874, take it, was inten-
ded to prevent all interference on the part
OF any power on the face Of the earth with
the execution of this police regulation,
which Is so essential to the peace and safe
ty OF our community. Had the Legisla-
ture which passed it ever dreamed that
the Sheriff was to he subjected to the an
noyance of being dragged before the Fed
eral Court for doing his duty under law
OF the State | am sure it would have pro-
vided for his protection. As no such pro-
vision has been made for so unexpected
contingency, recommend that yeu so
amend this Act Of ls A, that it may meet
any case that may arise.
1t Is certainly wrong to tolerate this
interference with the laws enacted for the
protection of our institution. In the gen.
eral distribution of power between the
Federal and State Governments, the right
to make their own police regulations was
clearly reserved to the States. In fact, il
is nothing more nor less than the right of
selt-preservation--a right which is above
all Constitutions, and above all laws, and
one which never was, nor never will be,
abandoned by a 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. ...s.
| The complaint against this law is very
strange, and the attempt to bring us in
conflict with the General Government on
account Of il, is still more remarkable,
when, so far from its being at variance
with laws of the U. S. it is only requiring
the State authorities to enforce an act of
Congress approved February 2sth, 1903,
entitled az Aet to prevent the importation
OF certal, 1Hseons into certain States, where
by the lass thereof their importation is
prohibited.LlSce I'd Story's Laws U. S.,
page ss8) by referring TO this Act, you
will see thatthe plaintiff in the action
alluded %; -, prohibited by it from en-.
fterire into thisi STATE. deem il unnec-
afgdmedt II any doubt should be enter
tanned by You, as to its constitutionality,
l beg leave to refer to the able opinion of
the Hon. j. Mcpherson Berrien, deliver
ed at the time he was Attorney General
OF the United States, which herewith
sind you.
On the subject Of the modification of
this law, am free to say, that when Her
Is. Majesty's Government, through its
Consul, made a respectful request to our
Legislature TO that effect, was anxious
that it should 10 made. 1t was with
pleasure that transmitted his first COM
munication to the last Legislature.
would have made recommendation of its
modification a special point in my first
Message, but that I thought it indelicate
to do so, as the matter was already before
the Legislature, and committees had bee /,
appointed to report upon it. Another
reason for the neglect Of this recommends
ton was the then excited state of party
politics, which might have precluded the
possibility ofa calm consideration Of the
subject But for the proceedings institu-
ted in the premises, would even now re-
commend modification of the law so as
to require Captains of vessels to coafine
their colored seamen to their vessels, and
to prevent their landing under heavy pen
alties, for while think the State has
perfect right to pass whatever laws on this
subject il may deem necessary for its safe
ty, yet the spirit Of the age requires, that
while they should be so formed as to be
adequate to our protection, they should be
at the same time rs little offensive as pos
sible TO other nations, with whom we have
fricn lly relations
But since an attempt has been made to
defy our laws, and bring us in conflict
with the Federal Government, on sub
ject upon which we are so justly sensitive,
our own sclfrespect demands tho we should
no: abate onejot or title ofthat law, which
was enacted 10 protect Us from the :nar-
ence OF ignorant incendiaries.
1t gives me pleasure to inform you that
the Railroads Of our State are rapidly