The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1853-06-07

conviction that Free Negroes, are the worst pop
ulatiou which State can have, seems to 6c fast
gaining ground everywhere This may be ob.
served in the diminished and diminishing facility
with which slave can be- emancipated at the
South, and the anxiety which pervades both the
North and South to encourage Colonization to
Liberia: The time perhaps is not far distant
when Free Negroes will be forcib!ys removed as
the Indian Tribes have been The question Of
compelling them to migrate has been mooted
both here and at the North, and the work of en-
.pulsion is already begun in Virginia, which will,
we think, soon be initiated by. other States.
After these general remarks let us return to
the local laws of South Carolina, touching free
negroes. BY the Act of 1885, which embodes
most of the law on this subject. it is made the
duty of the Sheriff of any District, into whose
Ports or Harbors, any free negro or person of
color may arrive, as employee or passenger on
board of any Merchant Vessel, belonging to any
other State or Foreign Port, Immediately on the
arrival of such vessel, to apprehend such free
negro, or person of color, and to con6ne him or
her, closely in jail, until such vessel shall be ready
to put to sea. Under this Act, the Sheriff of
Charleston District, in the performance of his
official duty, on the 10Th of May 1852, boarded
the British Schooner Clyde from Nassau, and ar
rested the cook, free person of color, alias
Reuben Roberts, and confined him in JAIL as the
law directs, until his vessel was ready for sea.
This caused Roberts to be detained in Jail du-
ring eight days, for which he brought an action
Of Trespass i'll the Federal Circuit Court at
Charleston, against the Sheriff, for assault, bat
terry, and false imprisonment, laying the damages
at $4,000.
The Plaintiff based his right OF action chiefly
upon the Commercial Convention, concluded be-
tween Great Britain and the United States on
Sd of July 1876 the reciprocity Act of Con-
gress of the 2sth May 1890. and the Presiden-
tial Proclamation issued in conformity of said
Act.
attorney General Hayne defended the Sheriff,
relying upon the Acts of the General Assembly
of the State before cited as we'll as the Act Of
Congress of 2sth Feb 1903. The case was sub
mitted by consent. without argument, when
Judge Gilehrist, in the absence of Justice Wayne,
charged the Jury to find for the Def'nt as he
considered the Laws of the State under which
the sheriff acted as constitutional under which
discretion the.Jury brought in general verdict
for the Defendant. The Plaintiff then submit
ted Bill of Exceptions" to the Judges charge,
and the case will accordingly go up to the Su-
,preme Court of the United States, unless the
: Legislature Of South Carolina, should arrest its
further progress in December next, as we hopeit
will Messrs, Petigru and King are Counsel for
Roberts, Attorney General Hayne, Judge But
Ter, G. G. Memminger and Edward McCready for
the Sheriff. .a-,-.--.
=
No one doubts but that the Supreme Court
will affirm tile verdict of the Court below, as the
principle involved has been decided before, even
by the Federal Consolidation Judges of the Sto-
ry and Kent, or rather Wing School, The ques-
ton is not what will the Supreme Court. decide
nou, but what will it decidesa Century hence if
the jurisdiction claimed be allowed. This is the
question and this tue issue.