The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-28

FROM he Ch0rtestOn, Courier, ApriI %.
The case of Reuben Roberts 81. Jeremiah D.
Yates. esq.,, sheriff of Charleston district, was
brought up yesterday by consent before Judge
Gichrist as in special term of the United States
circuit court, Judge Wayne having been again
prevented from at ending. The case was disposed
OF In quite summary manner, the facts being all
admitted by agreement, and no argument entered
into beyond necessary statement on each side
As the name OF Reuben Roberts will perhaps be
transmitted to fame in connection with the further
progress and discussion Of his case, we mention
for the information of all concerned that he ia a
iull- blooded negro, now about twenty four wears
Of age, although apparently much older ut has
been often remarked that negroes wear their age
better in slavery than in any otherstate) Heis ma
tive of Nassau in New Providence an island of the
bahama group, and was lately cook on board a
British schooner, the Clyde, Captain Bethel which
vessel arrived at this port from Baracoa the 10th
district, directed by the law, "a A, 1857
boarded the vessel, arrested the cook Roberts, and
confined him in Jail, where he was detained until
the vessel was ready for sea The Clyde accordingly
was cleared tor Baracoa on the Goth Nav on which
day Roberts was replaced on board by the sheriff,
making the period of detention and imprisonment
eight days, and for this his suit brou ght in the
form OF an action in tresspass for ASSAULT battery
ana alse lmPrison ment, the damages being laid at
81 000
The plaintiff was represented by Messrs Petit
CRU and King. the defendant by Attorney General
Hayne, who had been charged with the case by
tuC SNdtC, anu NltssTs. A r. bOtier, u. u, Mem
minger, and Edward McCready as special counsel
Although In form an ordinary private action for
damages, it is known to all that the case involves
anu depends upon the constituionality and valid
ity OF the several laws Of South Carolina relating
to the colored seamen and immigrants, and espe
claily the act of the 18th December, 1896 under
which Sheriff Yates acted in this matter This
test question was submitted markedly and simply
as the substantial facts of the were admitted
without evidence or contest, and it was also adj
mitted that the sheriff had strictly pursued the
course prescribed by our laws
The case was opened briefly by ]. L. Pettigru,
esq, who read the pleadings The declaration was
In the ordinary form, specifying the facts of the
case, and praying damages; and was met by the
general issue, and also special plea admitting the
act alleged as trespass, and setting forth in usti
hcation the several acts of South Carolina, on the
subject OF colored seamen, from 1894 to 1885, To
this special plea the plaintiff entered replication
de IN Jurid stta and upon this issue was Joined
The points indicated as those chiefly relied on by
the plaintiff are the Commercial Convention be-
tween Great Britain and the United States, of the
Sd July, 1910, the Reciprocity act of Congress of
the 18th May, 1899, and the proclamation of Presi-
dent Jackson, issued in conformity to the said act
on the 5th October, 1890.
For the defence, Attorney General Havne after
producing witness Mr.. Kanapaux) to D, owe
that Roberts was a negro, made q similar brief
statement of facts and references The defence
was based on the following points: Several acts of
the General Assembly of this State which, for the
convenience of our legal readers, will specify
by their dates, by which all may be found, 9Th
Statutes at Large)-20th December, 1894; Goth
December, 1900; 18th December, 1901; 18th De-
cember, 1902; 18th December, $685. goth Deem
Der, 1920; 2lst December, 1922; goth December,
1929 Goth December, 1925; and 10Th December,
1885.
The defendant, in addition refers for justification
and authority to the act of Congress of 2Sth Feb
ruary, 1903, concerning "the importation of GER.
tain persons into certain States (2d United States
at Large, 205.)
These facts and references having been submit.
ted without argument, Judge Gilchrist briefly
charged the jury that the position of the case call
ed upon him only to give his opinion without ar
gument or reasons He considered the acts of the
State, under which the defendant justified as valid
and constitutional, and under this direction the
lury-A. "A. Hayden, ESQ.,, foreman-,ccordingly
brought in a general verdict for the defendant
The plaintiff submitted, in due form, bill of ex
ceptions to the judges charge, and the case will
accordingly go up to the Supreme Court of the
United States.
The questions involved, and the eminent array
of counsel that will appear before that august tri
bunaI, will make the object of interest and
attraction, although OF final result we need not
say that we entertain doubt