The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-27
The Laws or South Carolina In the British
Parliament.


The motion WAS accordingly lost.
The Laws OF South Carolina In the British
Parliament.
In Ire British House of Lords, the 14th instant
Loid BEAUMONT In rising to for correspondent
respecting The law Of thu Sne South Carolina on co.
oied fesnen arriving In port said that ia bringing this
subject before their lordsnips he had intention OF
pswpg In this country the angry discussions which had
wish TO avail himself of the present opportunity for de-
claiming on the wretched condition of the popua
act state Of the the notice Of their ordshps and
TO show that means existed for removing the difficulty
without doing anything offensive TO the State of South
taitlpa he aso desired to express hope that the
Inhabitants and authorities Of that State would them
selves take steps Of their own good will for bringing
about hat result which all desired to see effected Their
lordships were no doubt aware of the severe laws
which existed in South Carolina with respect to
men Of color. A law now stood on the statute book
OF that State which empowered the sheriff of the
di,trict TO go board any chip which arrived
in the port from any quarter of the world to seize all
pr,cn them in the public jail until the time came for the
departure Of the ship Several laws had been passed
upon h's subject by the State bu. the to which he
essoB ,ss enacted in the year 1885, and entitled
IAN act for more eectuay preventing free negroes and
other persons Of color from entering the State Of
South Carolina" The FIRST section set forth, that it
should not be lawful for any free negro other person
OF color to be broughr into the State under any
enact that any free negro other coiored person
fuspg to leave. should be subject to such corporal
puBepment the courts n1Zht think ht to award and
that he still remained after the nficop Of such
poal punishment, be should then be sold in public sale
as slave Tie second section enacted that 1t should
not be lawful for free negro other peraon of cor
to enter the State board Of amp ship cook steward
or mariner, or in any other employment, and it
powered the sheriff to seize such free negroes and
other persons Ct color, might be brought into the
state by captains OF vessels and to ietan them until the
ships we're again ready to put to Now, their lord
ships the small craft which carried the
trade between the West Indies and certain portions the
State OF South Carolina necessarily the sake of
economy manned by mixed crews consisting partly of
cOOred and partly OF white When these small
ses arrived at Charleston they Regularly boarded by
the sheriff and the whos of the negro saors
away the captains beDg thereby compelled to employ
slave labor for dschargiDg and Loading their vessels OF
course that materially in, srfered with the of
the West Indies ard he regretted to say that the evil
bad recently been still further .eo by decision
Of the courts to the effect at person apprehended
under the act entitled tea writ Of habeds corpus. Suc
then, was the law of South Carolina and the object
Tor which 1t had been instituted avowedly the
tecon of the State from tbs dangers which might arise
frte negroes were allowed To associate wi the slaves
and If Loihing were done to prevent such communca
uoB. There was, however, existing treaty bets
this country ard the United States, which gave certain
privileges to merchants shpowners ard captains Of
vessels trading with these States and the ques sten
tnIaly srose what the effect OF that treaty upon
the upcpsl law Of Suth Carolinsg II the treatywas
made subsequently to the passi ing If the municipal law,
then it entered into by both parties with full
knowledge OF the rarure ana object Of that la r. aud II
could not be permitted override influence the ope
yanon of that law in way, unless such specially
provioed in the treaty itself No doubt treaty, when
entering into it, but the understanding always that
should rot affect existing laws; though the other
hai d, II an attempt were made by of the parties,
after tie aeation of the treaty to defeat is object
by The passing Of municipal law the other contracting
party would have right 10 demand that the terms of
the treaty should be adhered TO. Now it seemed that
commercial treaty enter ed into betwees Great Bri
tain and the uDtsd States far back 1915 Ia that
treaty it stated that between The territories OF
United States and the European possessions of his
Britarnic Majesty, there should be reciprocal
liberty Of commerce. and that the merchants of
hnth np,nv ,r.lafn and rraot
security for their trade, subject to the laws and
statutes OF each. This treaty was finally renewed in
mercial privileges which enjoyed by the European
possessions Of his Britannia Majesty extended to
tie British West Indies Such being the i seemed
that sone parties in this countrywide supposed the
veibment OF the oay-iptepeted the State Law Of South
Carolina spd the treaty together in such manner
convinced them hat the latter and neutrazed
the fCrner thai the treaty had been in force before the
passing Of the State law, that IT. could be
dsfar by any tubsequens municipal South Caro-
lina Instructions we,e accordingly sent TO the British
.sSsrcI b. scse asS's cs bun s ,bs e be first place to
ard it that failed TO bring the matter before the
nreme tribunals of the United States. Now, he Q.ord
d nesuaonr would not nmseit give any opinion With
Stste law the State law the treaty, bseaua after
looking carefully at the subject he thought a good
deal might be said in favor of the view taken by South
Carolina while SIR arguments ght also be adduced
the other de However thai mighbe the British Consul
az Charleston Or Mstheg) In 1850 addressed comr,a
cation to the Legislature OF South Carolina The subject
committee appointed to consider it, snd that
Dittee reported against any modification of the munic
psi law, though certain hints we're thrown out, at the
tme that IL possible the law might DO altered
ct future period. Affairs stood in that position
vhen In 1852, colored seaman belonging vessel in
the port of Charleston, was seized and Imprisoned.
motion immediately made 10 one OF the courts of
that rlscc, the Jert Of the British Consul for writ
Of haJeas corpus but the application rejected aud
the Cove the State to the length Of declaring
that he would bave instructed the sheriff urder any
circumstances not 10 give up his prisoner These pro
ceedipgs matter Of course led 10 muca excitemsrt
ard he believed eeat deal Of III blood excited on
the occasion. However. the British c. nsu thought
his duty 70 in bis oppo ion to the state law and
accordingly he took advantage OF the case Of coored
seaman named Roberts, to bring the question before
the supreme courts Of the Ulited States, actually
serving writ o. hefpsas and false imprisonment upon
the sheriff There the case stood at present. No
further steps had been taken in the matter. He
shown in Charleston towards the British Consul, from
who're proceedings result had come lisely TO
remedy would be applied by South Carolina It elf than
that tie FEDERAL would enoeavor To forco ts
opipD upon that State lie induced to say so from
pasoge in Of the reports of the Governor of south
Carolina the subject where he recommended, should
the question be fairly raised modification OF the In so
cs to require apains conno their colored 20
vessels prevent their landing without ticket
of leave from the sheriff He Oord Beaumon) believed
Modification TO that extent would remove the gevauce
complained Of at ali events II would be step In the right
direction. He should be soIry TO instructions sent
out HkeIy to any further irritation without leidvg
to positive eoed and he trusted our woad be IN
duce the Legislature Of South Carolina TO take the inita
tive correcting the evil He trusted they would, CT
their wish and inclination modification Of
this law rather than leave to obtain fom them
right, and bring the action Of the federal govern
nept to bear upon the government of South Carolina
Having placed the matter iairy before the ordshps he
would conclude by moving for copy of the correspond
ence which had taken place ON the subject
The Earl Of CLARENDON said he had listened with great
attention the speech Of the noble lord ants
uemely glad that he had brought the subject nder the
notice OF their ordships in tone OF such moderation,
and In not likely to lead to any Of that rrita
ton which such discussions sometimes calculated
TO produce The noble lord had truly designated the se
which prevailed in South Carolina ansipce the
tce which had been given the subject no had locked
into the correspondence which very yoluminous
tending 1t did over period of tlirty years, and
exhibiting rot only the great dfncultes with which
have had TO contend but the great difficulties with
which the subject stl surrou,ded The principa
one was the treaty OF commerce between this coun
try ard the United Slater, by which the utmost free
dom Of commercial intercourse stipulated for on be
balt Of tho subjects Of the two countries, subject 4
that Prov which had been referred to- relative to tn
laws AMI regulations Of tina Individual States. II
uIder that provso that South Carolina had always In
,i.e upon the maintenance OF this law and he had N
he, i,aion in saying that this subject having beoa rs
tened TO the different law advisers Of the crown IN arion