The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-26
From the Charleston Courier,
The Law of Colored Seamen.

The case of Reuben Roberts u.s. jeremiah D. Yates,
ESQ., sheriff OF Charleston district was brought up yes
terday by consent before Judge GlIcbris in special
term OF the United States circuit court Judge Wayne
having been again prevented from attending The case
was disposed OF IN quite summary manner, The facts
being all admitted by agreement and no argument entered
into beyond a necessary statement each side As the
OF Reuben Roberts will perhaps be transmitted TO
fame in connexon with the further progress and discus
sion OF his case mention for the information OF all
concerned, that be is fubloodes negro, now about
twenty -four years OF age, although apparently much
older III has been often remarked that negroes wear
their better IN slavery than IN any other siae) tie
native Of Nassau, New Providence, an island of the Ba
hama group, and lately a cook on board British
schooner the Clyde, Captain Bethel which vessel arrived
at this port from Baracoa the 10th May 1852 On that
day the sheriff OF Charleston district directed by the law
"a A. 1889 boarded the vessel, arrested the cook Rob
erts and confined him in JAIL where he was detained
Ill the vessel ready Tor The Clyde accordingly
cleared for Baracoa or the 26th May, which day
Roberts replaced board by the sheriff. making the
period OF detention and Imprisonment eight days. and for
this his suit was brought in the form OF action in tres
pass for assault battery, and false imprisonment the
damages being laid al $4,000.
The plaintiff was represented by Messrs Pettigru and
King-the defendant, by Attorney General Hayne, who
had been charged with the by the State and Messr
A. p Butler, C. G, Memminger, and Edward McCrady
as special counsel Although IN form an ordinary phi
action for damages it is known to all that the
involves and depends upon the consu,ionaly and va
idy OF the several laws OF South Carolina relating TO
colored seamsn and immigrants and especially the act OF
the 10th December 1885, under which Sheriff Yates
acted in this matter. Thus test question submitted
nakedy and simply, the substantial facts OF the
were admitted without evidence contest and II was
ais admitted that the sheriff had strictly pursued the
course prescribed by our laws
The case opened briefly by j. L. Pettigru, esq
who read the peadings The declaration was in the or
binary form, specifying the facts OF the and pray
ing damages and me, by The general issue, and also
special plea admitting the act alleged as respass, and
setting forth in justification the several acts OF South Car
ona on the subject OF coored seamen, from 1874 10
1885 To this special plea the plaintiff entered replica
ton, "de iniuria suo," and upon this issue was joined
The points indicated those chiefly relied on BY the
plaintiff are the commercial convention between Great
Britain and the United States of the Sd july 1885, the re-
cprocy act of Congress OF the goth May $780, and the
proclamation OF President Jackson issued IN conformity
10 the said act the 9Th October, 1880.
For the defence, Attorney General Hayne, after produ-
cling witness (r Kanapaux to prove that Roberts was
negro made similar brief statement OF facts and RET
eences The defence based the following points
Several acts of the general assembly Of this State, which
io the convenience of legal readers we will specify
oy her dates by which all may be found 9th Statutes
laFge) goth December, 1874; goth December, 1900
istn December, 1901; 18th December 1902 nth De-
cenoet isoJi goth December, 1920; 2lst December,
isz1 2olh December, 1879 Goth December, 1925 and
10th December, 1895.
The defendant in addition, refers for justification and
authority to the act OF Congress Of 2sth February 1909
concerning THE importation OF certain persons INTO GER
tain States, I'D United States Statutes at large, 2O5l
These facts and references having been submitted with
that the position OF the called upon him only TO give
bis opinion without argument or reasons He eonsid-
cred the acts Of the State under which the defendant