Semi-weekly Camden journal. [volume] (Camden, South-Carolina) 1851-1852, 1852-01-06
OUR SLAVE IAWS AND THE BRITISH
TREATY. "A

TREATY. 20, ~. q
In some remarks made us recently IN re-
lation to the supposed incompatibiity between
the lst article Of the British treaty and our
Slave laws, we eontended that tie words I"
uhich otter foreigners are nM permitted 10
ces,e,s swereslAe controlling words OF that hfii-
Gle -l,l:.t it should he construed in conformity
with the clfef,,if hotthc only, purpose meant to
bs accomplished hy yeis., This was, that British
subjects should he permitted 10 come, with their
stirs and carE,ses, to all places, ports and rivers
III the Territories of the United States ''to which
other; foreigners are permitted to come, and
to reside in the same, for purposes OF commerce.
1t is a treaty of reciprocity and equality. It
stpulates that British ships, those who navigate
them, those who convey own merchandise
in thcn1, shall be placed OH the same footing as
all other foreigners who are permitted to come
with their Ships and cargoes to the United
States :; and besides, to enter or reside in the
same, the inhabitants of the United States being
placed on the same footing in all the territories
Of Great Britain. We argued that if the State
Of South Carolina had made discrimination
between the coIoycd subjects of Great Britain
and the colorcd subjects of foreign counties,
excluding tee former, while admitting the latter,
such discrimination would have been contra
ry to the obvious intent of the treaty. But
that South Carolina had not only not made
any such distinction, but had given such uni
versatility of ofappIication to her lawas to embrace
all free coored persons, Inhabitants, even, Of
thelother parts sof.the American Union. -....
In some remarks of the British Consul inscr
ted in this paper on the Goth inst, in reply to
our constructions fthc first article of the treaty,
the following observation occurs.
"Ibelieve you will fad Oh inquiry among
legal gentlemen oil all parties, that the words
10 the treaty to which you refer, simply and
solely mean "aH ports of entry" Now we do
not belong, it is true, to the legal profession OF
any party but we think that the Interpretation
of language which is not technical or scientific,
but is Unpopular use, is within the competen,
cy ofany one possessed of common sense and
a plain understanding The words sports OF
entry are not in the treaty The object Of
our Federal lawim designating certain ports rs
ports of entry was to secure the payment OF
dnties on foreign tonnage and merchandiSe.-
The words apply to things and not to persons
to rtsscis and their cargoeS, and not to those
who navigate aud arrive in them The British
treaty was intended to embrace both vessels
with their cargoes, and persons--to secure to
British subjects the privilege, not only to come
with their ships and cargoes, but to remain,
resils hire and occupy houses and warehouses
in the, territories of the United States, for the
purposes OF the.r commerce, prouiicd other for
eigaers are permitted these privileges. 1t would
have been unnecessary TO have stipulated for
At 10 Of n,,tr,
for commercial purposes, by coupling with it
also the equal privilege with other foreigners,
to remain, reside in, hire and occupy houses
and warehouses. What meaning do these
words convey, if it is not equality Of advantage,
not only as to entering all ports, places and
rivers Of the United States, but remaining in
any part of their territories, for purposes OF
commences
The treaty says, "to enter iuto the same,
territories not describing the mode ofeatraace.
A British colored subject, then, it ports of en-
try are alone meant, cannot claim the benefit
of equality as to residence, should he reach any
part of the United States in any other way than
through port of entry, if the construction is
to prevail that the treaty applies to nothing but
ports of entry. Such narrowness Of imterpreta.
tlOl. WGuiu EeiIo''T HuSt'oy tha' P' ''o'' VI NV
treaty which speaks Of residence for CONNER
cial purposes, although our law were to be so
framed as to permit every other description OF
foreigners to enjoy commercial privileges de-
MED to British subjects
We contend, therefore. that although vessels
and their zcarsoes arc embraced one'of the
chief purposes of the British treaty was TO Sc
cure an equality of privilege with other foreign
ers, for those British subjects who may enter,
through any mode or by any channel, the ter
ritory of the United States, for commercial pur-
poses, and. the State Of South Carolina has
made no discrimination between British sub
iects and other foreigners in her acts excluding
Ill free colored persons arriving by sea from
her limits. not conceding, however, that she
would}not be eatitled, according to the great
and paramount law of fset-preservation, to make
such discrimination, if her security required her
to do so.-Erening Ners
Emigration from Germany-Thc Austrian
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