The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-06-30
ENGLAND AND SOUTH CAR0LINA-IMpRISON
MENT OF COLORED SEAMEN

In the House of Commons on the goth Of
May, Lord Palmerston, in answer to an in
quiry put by Mr.. Kinnaird, replied that be WAS
not able to state the precise condition of the
negotiation with the Government of South
| Carolina. He said that the British Govern.
ment had for long course of time Represented
to the Government of the United States, that
such a proceeding was in violation of treaties
with the Union at large. That assertion, he
believed, had not been denied by the Federal
Government, but the Constitution of the Uni
ted States was such, that the action of the
Federal Government on the separate States was
next to nothing; and it had been fairly repre-
sented to the British Government by the Fed
eral Government, that, to insist on the repeal
of those laws under which the Imprisonment
of colored foreigners, entering South Carolina
would raise questions between the slave States
and the Federal Government which would be
exceedingly inconvenient, if not destructive to
the Union
Tie treaty of 1915, between the United
States and Great Britain, guarantees to British
subjects the privilege of entering into the ports
Of the United States upon the same terms as
those of other nations in amity with us. IL 10
known that England has twice addressed tho
Federal Government in remonstrance against
the law of South Carolina, requiring the I'M
prisonment of colored seamen entering INTO
her ports, and charging them the cost oil thelf
maintenance there. 1t is stated that the Fed
cral Government has referred her to the State
Of South Carolina to obtain redress, and IL is
certain that that State adheros to her law.
England has appealed to the legal tribunals OF
the State, with the view of testing the consu-
tutionality of the law, charging that 1t NO
lates the treaty of 1878. The decision OF the
State authorities has been against the com
plsint; and she has finally carried the matter
up to the Supreme Count of the United States
where the caseis now pending
1t will be recollected that, when Massachu'
sets sent Mr. Hosr as her agent, to try the
validity of this same law before the State
Courts, he was driven out of Charleston with
violence. England has been, thus far, treated
with more courtesy; and if the decision Of the
Federal Court is in her favor, she will hare us
in position which will exhibit the most per-
feet form Of human government before the
world in an odd predicament. The nations
will hardly know how to deal with Conlede-
racy which in that event may show the judg-
ment of its highest Court on one aide of the
question, and the action of the Executive on
the other. 1t is easy to foresee that South Car
dina will not reeede from the ground she holds
She will not sccede from the Confederacy, and
President Pierce will not proceed to the execu-
ton Of the Courts decision Then il will not
be "our country, right or wrong" but our
country, right and wrong
The best dodge that we can make Of 1t Will
be for the Federal Court to decide that in 1919,
when the treaty was made, negroes were nov
British subjects, within the meaning OF the
term that the contract must be construed &c
cording to the intentions and ideas Of the par
| ties at the time that It was made; and that u
cannot BE- rightfuIly altered by an application
70 new class Of subjects now, which were mol
then in contemplation of the high contracting
parties.
The thing is easy enough. Negroes are
persops and property, subjects and mcrehan'
disc, or either, as principles and policies sas''