Hannibal journal. (Hannibal, Mo.) 1853-1853, 1853-05-14

Bavecoa on tho Goth May, on which day
Roberts was replaced on board BY the sher.
IN, making the period OF detention and
Imprisonment eight days, and for this his
suit was brought In the form Of an action
In lrespaS for assault, battery, and false
Imprisonment, the damages being laid al
$4,000.
The plaintiff was represented BY Msssp,
pe,,igru aud King, the defendant BY Auor.
ney General HNyne, who had been chargSd
with the case by the State, and Messrs, A.
p. Butler, c. G, Memmlnger, aud Edward
McCNady, as special counsel. Although
in form an ordinary private action tor
damages, Il Is known TO oil that the case
involves and depends upon the constitution.
ol,y and validity Of the several laws Of
South Carolina relating 10 The eolored sea-
men and Immigrants, and especially the act
Of tho 10Th December, 1885, under which
Sheriff Yates acted In this matter. This
test question was submitted markedly and
simply, as tho substantial facts Of the case
were admitted without evidence or contest,
and Il was also admitted that the sheriff
had strictly pursued the course prescribed
by our laws,
Tho case was opened briefly by ]. L.
Peuigru, Esq, who read the pleadngs. The
declaration was 10 the ordinary form, spec.
Tying the facts OF the general issue, and
also special plea admitting the act alleged
as treSpOsS, and setting forth in iuStifca'
ton the several acts Of South Carolina, or
tho subject Of colOrsd seamen, from l70A
to 1885. To this special plea the plaintiff
entered replication, "dc IN jurid Sud,"
and upon this issue was joined, The points
indicated as those chiefly relied on by tho
pluinilif arc the Commercial Conventk'n
between Great Bliiain and the United
States, Of the Srd July, 1910, the Reckl
Ipyoci,y act Of Congress Of tho 10Th May !,
1889, and tho Proclamation of President
Jackson, issued in conformity 10 the said &c +,
on the Sth October, 1880,
For the defence, Attorney Gen, lhySe,
after producing a witness Mr. kanupauX}
10 prove that Roberts was n negro, made u
similar brief statement of facts and yGiel-
ences. The defence was based ON the FOL.
lowing points; Several acts OF Ahe 1Seneral
Assembly Of this State, which, ErthG con-
veniencC OF our legal readers, we will SpCei.
ty b" their dates, by which ap may be
found, 9Th Statutes at l.argr) 2Olh Do.
ccmber 1894; 10Th December, lS00i 10Th
December 1901, 18th December, hSOl;
l7ih December 1903, 10Th December, 1920;
2lSt December lS22; goth DrcemhrT,
1885, Goth December 1885, an d l9ih De.
cember, 1895.
The defendant, in addition, refers tvpius.
liscotion and authority TO the Hci of Con.
greSS OF 2Slh FEBRUARY, 1903, eoncsrnjug
"tha importation Of certain persons into
certain States" (9nd United States at
Large, 205,)
Thosc facts and references having been
submitted without argument, Judge Gil.
chris, briefly churged the jury that the posi-.
! lion Of the case called upon him only to
give his opinion without argument or rea.
sons He considered tho acts Of the State,
under which the defendant justified, nv valid
and constitutional, and under this direction
the iury--A. II, Hayden, Esq, foreman
accordingly broUghln general verdict ro,
the defendant The plaintiff submitted, In
due form, a bill Of exceptions to the Judges
charge, and the case viii accordingly go uT
to tho Supreme Court oC the United States
The questions Involved, and the eminent
array OF counsel that will appear before
that august tribunal, will make the case al
object Of interest aud attraction, although
OF the final result We need not say that We
Sntertain no doubt.
E.ss. l.. Z.