New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-10
SOUTH CAROLINA LAW.

Suppose the Emperor Of Hayt, or the Queen Of Ma
dseascsr were to decree that every cl, person who
should enter the ports of his or her domnons should
immtd atey be seized and sent to prison. there to re-
main At all events until the vessel that brought him
should sail; when, If the captain saF h to pay all
charges including the expenses OF seizure and mantle
nance the prisoner should be put board the vessel
and shipped off, but if not, then the gutess victim
accused Of nothing but white skin should be sold into
slavery to psy the Aforesaid and suppose several
of our citizens had been actually subjected to this dis
ciplne-hOw should We regard the matter Is il not
clear that We should waste few words in remonsrance
before sending feet to knock the walls Of bis capital
palace about the ears of the savage who could dare
20 conceive such an arOcity aud dignity it with the
name Of Law
South Carolina sees 1T TO maintain and enforce Just such
law as we have depicted abCye-except that the object
Of its maedcions is the Black and not the White Race
And when Massachusetts, sent to Charleston of her
most eminent and venerable citizens State Commits
soner charged officially with the duty Of bringing the
validity of this enactment far as it affected citizens Of
Massachusetts, before the highest legal tribunal in the
land for adjudication that ilustriOus Commissioner was
driven out Of the State by mob violence which had it not
been readily deferred TO- would probably have proceeded
to take hislife.
Massachusetts, thus disciplined, succumbed 20 the en-
savers Of her citizens without further restsnce and
now Great Britain takes her turn. First Manuel
Perera, Portuguese subject, sailing in British ship
and Of course under British projection was taken
of vessel driren into Charleston harJOr by stress Of
ueotheT end put into jail as aforesaid whence
lawsuit that has not yet 1--WE beleve terminated; and
next Reuben Roberts colored British West Indian,
serving as steward or cook on British vessel which
visited Charleston 10 the regular way Of business vas
dealt with in Ike manner An appeal on Habeas Cor
pus resorted TO in his behalf Ieturnabe before the
State Courts, which Of course affirmed the State Law.
Thence the duly carried up by writ Of error
to the Federal Courts before which it is now pending.
and likely to be brought TO issue next winter.
The NuiGrg oraces that reach profess to cherish
no doubt that the Federal Courts will refuse to traverse
decifiCn Of the highest State Courts on such case,
but viii hold in substance that each State must judge
for herself IN matters esteemed vital to her safety and
that since South Carolina has sovereignty affirmed the
necessity of such an act 10 her safety the Federal Courts
will consider that affirmation indubitabe, and thereHpOn
pronounce Judgment in her favor. But" say the ora
clcs "the right to affirm the constitutiOnaty of such
claw implies the right to dsalow Il. If our kidnapping
ac to be upheld because the U s. Courts pronounce
ain its favor then might be subyered by those Courts
"pronouncing against it, And that is just what shall
"resist at all hazards" And so the Legislature is e1-
pec.ed to pass an act striking at tho process whereby
such cases are appealed from the State the Federal
Courts and directing the Courts, Sheriff. &C. of that
State TO defy any precept calculated intended to
move this or any like case into the Federal Courts And
this biah.harded course is very likely 70 be taken
TIE Federal Constitution makes the laws aud trsa-
ties of the Union 50 far constitutional, supreme over
all State regulations and enactments Ihereupon we
make treaties binding whole People TO treat the
vessels and citizens Of the Nations wherewth we treat
in accordance with the requirements Of the Golden
uic-not in part OF the Union only. but throughout
its entire area In The face of these ssipustOas such
outrages we now considering are committed, and
when cur Government is appealed to for redress by the
representatives of the party oggrieyea, our Diplomatic
reply ia Can't helpit-the States are sovereign within
heir several doninions except in few specified In
stances" If this excuse were valid then the Federal
Government should never enter into Treaty. engage
ments which any State has power to defy and defeat
But il is net valid least competent tribunal has
afmcd ts validity We trust, therefore, that the case
now pending win rot be allowed to 20 off on some i'm
material Issue Let US know when L is ended that the
Federal Government has has nos right to sipula,e
hat the persons Of foreigners arriving in ports Ell all
be shielded from slavery and their property from spol
tion. 1t were deplorsble that cur Government should
be destitute Of the power requisite to fument Of
slch stipulation bat still mere lamentable that We
should involve ourselves in such engagements and eu
discover that We lack the ability to fulfill thcm