New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-28
so,rurRN INCARCERATION LAWS.

The prospect Is gradually Frightening tnat tne ques-
ton of the constitutionaty Of the laws of several
Southern States by which northern seamen are impr-
soned for the crime Of dark skin, will some time or
other reach the Supreme Court of the United States
And this is coming through the fundamentally OF Great
Britain Her administration is not dependant upon the
votes of South Carolina Louisiana, and is therefore
not under the necessity of ignoring the cries for help
which rise from the dungeons of Charleston or Savan
nah An English agent is not driven from the city tor
daring to act as counsel for colored seaman, though
as in the case of Perera thousand legal obstacles are
nterposed when satisfaction for imprisonment Is sought
We published on Tuesday from Charleston paper
the report of another in which British subject
is the plaintiff and which encourages the hope OF
Justice at some future time being triumphant though
it does not cover the entire ground, where
citizen of New-York or Massachusetts, is the In
iured individual but it is something gained to have
the question again brought up in any FORM particularly
if there is prospect of its finally reaching the highest
court of appeal Whether public opinion at Charleston
has changed since the time OF Mr. Hoars visit there as
Agent for the State of Massachusetts, or that the au
thores and citizens of that city are disposed to act
little less decidedly where subject OF Queen victoria
is concerned it would appear that in the case before us
all things have been conducted in decency and in order
and eminent lawyers Of Charleston have engaged IN the
cause without scruple
The case in brief is this Reuben Roberts colored
man. about "a years of age and native OF Nassau New
Providence cook board the British schooner Clyde
arrived at Charleston from Baracoa, on the 18th OF
Nav. 1852 On that day, Sheriff Yates OF Charleston
District boarded the vessel arrested the cook, Rob
erts and confined him in jail, where he was kept till
the vessel was ready for The Clyde was cleared
for Baracoa on the 26th May, on which day Roberts
was replaced on board by the Sheriff making the Pc
rod of detention and Imprisonment eight days and for
this his suit was brought in the form OF an action in
trespass for assault battery and false imprisonment and
the exaction from him of the large sum of 50 II as
fees for the said arrest and Imprisonment the damages
beirg laid at $4,000
The case came up on the DIST inst before Judge Gil
christ and was argued by AttOrneyGeneral Hayne for
the defendant Yates and by Messrs Pettigru and King
for the plaintiff Mr. Hayne pleaded long series OF acts
of the Charleston Legislature and also the Act OF Con-
press approved Feb %, 1903. The first section OF
This Act of Congress prohibits the entrance OF any such
free negro into any State whose laws forbid such en-
try; the second section subec the Captain OF such
vessel ON board of which such negro may enter such
State contrary to the laws thereof to penalty OF
81 CO and the third section Of said Act OF Congress
declares that the officers of the United States in the
several States shall be governed by the laws of the
State prohibiting the admission of negroes or free per-
sons of color And the said officers are further en-
Joined by said act vigantly to carry into effect the said
laws of the United States; any law of the United
States to the contrary Notwithstanding
The counsel for the plaintiff rested their case upon the
Of hot no
States and Great Britain and the acts of Congress TO-
oether with the proclamation of Gen Jackson founded
npon them which regulate the commercial intercourse
between the two nations Thus any points which might
hear DIRECTLY upon the OF citizen OF Newiork are
oarafnlv summed Judge Gichris sustained the ). Z.
Laws and the Jury under his ruling excupatcd Yates 1t
NOW romans To be seen whether the Supreme Court con-
;tro of five Southern and four Northern members, will
ustsin hc Judge of the South Carolina District or not.
Whatever the result may be- the mere fact oil poss
by that the Negro laws may come before the supreme
Court even in the case of British subject is exciting
no little feeling at Charleston We give few passages
from long communication in The Courier, OF that city
which seem to prove the Chiyay to be on rather I'M
easy bed. The writer says
The conduct of this may involve not only queS
on of peace or war with the North and South Dut WIN
every reasonable prospect of having the horrors OF cV
at least on the side of the aboitlonlsts
Again:
Who are the substantial parties The Plaintiff is
Fngland She Uses the name OF negro cook from Nassau
az tbrs in .titutes a suit in the nted States Court. She
will Of course prove profitable client and who IS the
substantial Defendant! Mt. -; :.
tbe Rio Grande Well she ought to be pretty good client
too.
Once more:
The issue made by the pleadngs and think most unad
/ |, 10 Nv
"a noher more nor less than whether treaty or conven
lion with foreign Kingdom can abrogate those
municipal laws on which depend our sery ca M
houses our children and wives Are we 10 DC hvaeu
h Nassau negroes picarOOns with Their black pirates
aId-O where is the chivalry OF South Carohha -nuii.
Nv ask the Supreme Court, composed oil MAJORITY vi
Nrthern Federas and may be Southern trlmmes 10 say
If we can defend homes Has State hlghS chVary
como 70 this and are few distinguished lawyers to plead
away the sacred principles of Southern Conventions ana
tbr nreparaon for sefdefensel Now, suppose the case
TO result either way what the fearful consequences
theSupreme Court decide that our laws are not aoroae
these entangDg alliances, then the precedehi Is esISo
bed and these free and sovereign States stand bound 10
nernt their sovereign rights to be settled even without
urv by Northern Judges, holding for life commissioned
nv Wings or Democrats chance may fix IT, and holding
life tenure long after political changes have rendered
them obsolete But they decide that our laws arc con
troed by British treaties and that Brush consul can Say
10 South Carolina: My Queen negro dehes youraws ne
under the protection treaty and the supreme Court VIII
see him rghted Suppose that Court issues ITS mandate
! Cor Icing his duty to the State--wi South Carolina
! nroud little South Carolina tax her people to pay
damages to English negro and, perhaps England apply
10 CONGRESS to pay the and fees ofearnng South Caro-
lima not to be saut again. when her Majesty negro pea'e
to look into our ports! If this is the result OF the SUIT ven
ture TO predict that this Union lasts no longer than south
| ern Continental army can be mustered, Southern Con
tincna Congress be organized Southern Commander IN
Chief chosen and the troops marched to the frontier OF th
! Potomac. - 4,
The next step would be this after war once burns tn
cords that bind together the States the Northern Coniee
racy uniting with Canada, will form separate nation
ENGLAND will aid the war then to ensue Negroes, fanatic