The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-04
From the Charleston Courier, April 80
The south Carolina Coiored soamon Case.

The oolored seamen at Charleston South Caro-
lna which tried before The United States circuit
court has ended with verdict for The defendant The
suit brought against The sheriff. to Try me va
dity OF The law OF South Carolina lmprsonlng Tree ne
gToes during their stay that State, The Stale 10 IN
reality the defendant though the suit against the
sheriff The plaintiff submitted bill OF exceptions 10 the
sdges charge, and the VIII accordingly go up 10
the Supreme Court OF the United States Inc question
involved, and the eminent array OF counsel that VIII APP
pear before that august tribunal, will make The case one
OF interest and attraction
We have nothing to say in regard TO TIE necessity OF
policy OF this law. That a matter Tor South Carolina
alone. II she iii 10 enact laws which cannot bui
have an injurious effect upon her commercial interests
that il her own business. But we have not doubt
but that the result OF the litigation now IN progress IN
relation 10 IL will be TO establish It's entire constitution
atty Ii is the exercise OF an attribute OF sovereignty
with which the States have not parted In case De-
fore the Supreme Court involving the general pfn
cpe, the late Judge Woodbury., in giving decision
SAID; " Ii is the undoubed and reserved power oil
every State. political body 10 decide. independent
OF any provision made by Congress, who shall compose
lis population, &c and what kind OF property and
business II will tolerate or protect, as no one gov
ernmen its agents gators possesses any right
make another State against It's consent, penitentary
hospital poor house farm for It's wretched outcasis,
or receptacle for IFS posons 10 health and instruments
of gambling and debauchey. Who does not know that
slaves have been prohibited admtaDce by many OF the
States whether coming from their neghbors or abroad,
and who ever doubted its constitutionalyF Judge
Grer, in decision in the case sald sit has Ire
quenty been decided by this court mat TIE powers when
relate merely to municipal regulations, or what may
be called internal ponce, not
cd by the States, restrained by the constitution OF The
United States and consequently IN relation to these the
authority Of the State is complete, unqualified, and ex.
elusive Every law for the restraint and punishment oil
crime, for the preservation of the public peace health,
and morals, must come within this category" This law
OF South Carolina IS based upon this principle. she
deems the coming OF free negroes within her territory
dangerous to her internal peace in connexion with an
institution which she has exclusive control Hence
she passes law iobddng their entrance into The State,
under the penalties OF Imprisonment and the payment oil
y
laton with which The federal government has nothing to
do. There would seem 10 be-, from The nature OF the
comments upon this statute by the free soil press OF The
North very general mlsappTehenson as TO The relative
positions of the federal and State governments The
former has no inherent sovereignty derives IT'S power
and authority from The States, and exists IN fact, only
through their suteraDce. II is true, certain powers
have been surrendered to it by the States which
they cannot recall aud exercise except by vote
of three ourths of the parties 10 The constitution
On the other hand, the Stale governments are gov
ernments OF original sovereignty, and may do all Things
necessary for their preservation and pToleclion,
and for the welfare OF their people Ii Is clear there
iore that the States the attributes OF SOW
ereigny in all where the good OF the Common
wealth requires For the regulation of Their own IN
ternal concerns they supreme, except they attempt
to exercise powers expressly granted 10 The United ctaes
This South Carolina law may be OF no great interest
consequence in this section. But whenever II rs
brought up there concentrated effort on the part OF
the abolition press to create false Impression aPon the
public mind IN regard TO H. II is based upon the same
principles that the Quarantine laws OF our own state ave-
and the people of South Carolina claim equal Reces
sy for il. If a ship into New York with 4 con-
tag ous disease board, without reporting al Quaran-
tine, the master liable 10 heavy penalties. II pas
senger lands from such ship, he, subjects himself to
those similar. This the public health demands, or al
least il is claimed 1t ship comes into Charleston
with free OF color board the law prescribes
penalty This the public peace denandsor at least 1t is
caimed-as the South CaFoinlans consider the pres
ence OF such person dangerous in matter IN which
they the sole judges. The law seems harsh and IN
human 10 those who cannot see the necessity Tor IT. IL
like interference with the rights OF individuals
with The rights of free citizenship But II belongs 10 a
class OF laws OF which the satue.books of every State
full where these rights are made 10 be secondary TO
The public welfare