The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1853-04-21
State Sovereignty & Treaty-Malzing Power.


The most insidious form of danger to the
sovereignty of the States, is now presented
i'll the issue before the United States Senate,
and the Federal Court for South Carolina
In tho latter, one Reuben Roberts, free
colorcd subject of Great Britain, has brought
an action against Sheriff Yates. claiming
damagessbccausc of his arrest under the law
Of this State, which forbids all colored per-
sons from entering our ports. The plaintiff
claims that this law cf the State, Which has
operated i'll some form or other, ever since
1904, has been annullcd by the treaty of the
United States with Great Britain. In the
Senate, the same right is contcnded for, and
there is now before that body for ratification,
treaty of the late administration, which
proposes to confer upon the citizens of
another country, the right to inherit lands
in the several States, contrary to the present
Jaws thereof. The object of Great Britain,
in bringing up the case of Reuben Roberts,
is to obtain Il final decision of the matter,
by the Supreme Court of the United States.
The Legislature of our State, has authorized
Gov. Manning, to employ counsel to defend
Sheriff Yates, Mt the expense of the State,
and Attorney General Hayne now has charge
of the case. In the Senate, too, our vigilant
and able Senator, judi re Butler, has vigor-
ously attacked the similar measure. What
ever, therefore, may be the differences else
where rs to this issue, South Carolina has
ever been, and still is. SO unanimous, that
we arc surprised to see any portion OF her
press, ut fault, upon question so well set
tied here, and which is SO vital to her most
cherished doctrine. What, talk about the
policy Of British capitalists making invest
mcnts i'll the lands of South Carolina, con-
trary to her laws, and without swearing
allegiance to her! They would soon find to
their sorrow, that an inquisiton of cschcat
would cnsuc, treaty or no treaty. Far, very
far from us, bc the day, when the Southern
States, out voted in the House and the Sen
ate, tS having no shield but the Constitution,
shall be told, by the ma jority, that the pow
er to make treaties ovcrrilcs all their laws
and that the President, with the consent of
the Senate, may flood their shores with the
colorcd citizens of jamaica and may auth
orizc the licgc subjects of King, or an
Emperor, to compete with the sworn citizens
ofthe States, for the ownership of their soil.
Whatever may be the other innumer;blc
evils OF this measure, it is the certain death
blow to State Sovereignty, and would give
unlimited power to the President and the
Senate. If each State may not decide for
herself, who arc to be excluded from her,
as dangerous to her peace, and who arc to
I've the owners Of her soil, then she can do
nothing-cvcn the name other sovereignty,
could be used only us Il jccr. Long ago in
1925, Judge Bcrrlcn, then Attorney Gcncr-
al of the Jackson Cabinet, took this view Of
the matter, and the question then settled ac-
cordingly, was supposed to be put to its fin
al rest. But the friends of consolidation
seen; lately to have grown more conidcn:
and bold-hcnce this double, insidious at
tack under the cover Of treaties. The or
ponents ofthc present administration vast
ci vast streams Of i%.am,gnation, in their late
chdeavorS 10 persuade the people of the dan
ger q British Influence in favor of the Dem
ocrats. But what now will they say to this
remarkable coincidence of British and Wing
cfforts Whilst subject of her Majesty,
Queen Victoria, at the instance and direc-
ton OF her Consul, is contcnding before the
Federal Court here: that Il treaty annuls the
laws of the State, the Wing administration
is ut the same time making new treaties,
which arc to deprive the States of the right
to claim allegiance of their land holders! If
this double effort be not the result of prey
ious concert, it is certainly very strange
coincidence. The one claim has been al
lowed to sleep from before the adoption of
the Federal Constitution, and the other from
1925, when it was decided in the Jackson
Cabinet, and now, simultaneously, they are
revived, and pressed upon the country! The
time, no doubt, was supposed to be well
chosen. The South has just passed through
n season ofgreat excitement; this ended, she
would naturally desire rcposc, and would
not easily take the alarm This is the fit
time for the consolidationists to do their
work, to discover the wish of the people
thereon, treaty is quickly negotiated, which
entirely subvcrts the previous policy of the
country, and binds the States hand and foot
captivcs to the treaty making power Of the
Federal Government. This fatal measure
was lately before the Senate, in secret scs-
sion, for ratification. 1t is said that Mr..
Butler denounced, and Mr.. Everett sustain
cd it, but that nothing was determined, en-
ccpt that it lies over. The case of Reuben
Roberts will be heard this week, and will
soon bring the same question before the
Supreme Court of the United States, unless
indeed, the present administration shall de-
ternine to adopt the views of the Jackson
Cabinet, and at,once arrest it. This might
easily be done, as before, by notice that
the treaty will be discountcnanced, unless
Her Majesty shall waive the claim of her
colored subjects, under it to defy the State
laws. The mere policy of permitting color7
cd persons to enter the State, under certaih