The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-04-29

The standard thus notices the revival Of All
old controversy
CoLoRED SEAmEN AND STATE RlGHrs-Our
readers have not forgotten the correspondence
which some time since took place between His
Exceliency, Gov. Means, and Her British Ma
jc$ty's Consul, Mr.. Matthew. We published
in the STANDARD, of the 9Th December last. the
very ten erate, dgnifed, and well.arQued re-
port or Pr. Mazyck, chairman of the specul
committee OF the Senate, to whom had been re-.
ierred the message of the governor, transmit
tiny this correspondence In our issue Of the
10th December, We gave to our readers the able
report Of Mr.. McCready, on behalf Of the CON-
mlttee OF the other House, on the same subject.
WE have now to call the attention Of the pub
llc 70 IN fact, that the practical issue has been
made, which the validity Of the laws in re- I
gard Ia Eolored seamen arriving in our port, ia
TO bes nitted to the Judicial tribunals of the
country For ourselves, We have no fears for
lhe ere OF the State in such controversy.
The RI I of the State to control, by her own
legisla N, the whole subject-matter cam as we
lh,nk. full discussion, be established upon
a basis bhich, in the South at least, will never
hereafter bequestoned. IL there be defects in
the details of the regulations enacted, the con-
sideration of them is now precluded, when the
issue presented, is 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 the
court which has just closed, by the British con-
sui, through his counsel, Mr.. Petigru, in behalf
of one Manuel Perera, a colored sailor, who
claims to be Portuguese subject, articed to
service on board an English brig, driven into
this port by stress of weather, the said Manuel
Pereira being then in JAIL under the provisions
of the act of the Legislature of this State, passed
in 1896, 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 cerpps, and notice of appeal has
been given. Thus, is the issue upon us.
We have but one regret in the matter, and
that u.s. that the case made is one where the par
ty asking his liberty has been driven into our
harbor involuntarily. Great Britain, il 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; hut 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, Cor, indeed, any other similar
case,) provided, the party petitions for the pur-
pose, and engages, at once, to leave the State.
But we shall see nothing Of this Mr.. Manuel
Perera like another John Wilkes, is to have
settled, in his person, great questions of consti
tutiona liberty. The posterty which, in after
times, shall read of his voluntary martvrdom.
and heroic self-sacri6ce in the cause of suffering
humanity, must be somewhat better informed
than Mr.. Pereira himself, for we observe that
his cerhly skill did reseh 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, 1t 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 conclusive
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 il is valuable AS
We do not hesitate to say, that
Judge Berrien expressed at that time, the views
not only of General JacksoR and his cabinet,
but the views of the great body Of the Repub-
lean party throughout the Union, and the
views we may add, of all parties in Georgia.
IL had the effect of putting the question Of the
validity Of these laws TO rest, until revived in
lS43, when Mr. Winthrop, as chairman OF the
Committee on Commerce, attempted TO answer
Il in an elaborate report to the House Of Repre-
4cnsativss. an attempt which proved, we think,
most signal failure.