New-York daily tribune., 1858-09-06

might give rise, might probably be an attempt on
the part of the local authorities of Charleston 10
seize the negroes under the well known and some
what notorious. acts Of South Carolina prohibiting
any free negro or person Of color from migrating
mr. beinc brought or introduced into its limits, by
. land or water. under any pretext whatever
Our anticpaiions ia this respect turn out 10 have
been well founded. On the Sunday morning after
the arrival of the captured ssver-thls beng, We
suppose. according to South Carolina IDEAS case
Of such necessity as to dispense with the street ob-
servance of the Sabbath-a number OF gentlemen
called upon Col Carew. the Sheriff of the District OF
Charleston. and laid before him formal information
that large number of free persons of color had
been brought within his bsiliwick contrar! To 'he
provisions of the act of l-35, and not wiinn the
provisions of the act of 1856 excepting from the
penalties of the act of 1885. the eases oi iree
negroes brought within the State by stress OF
weather or other causes over which the naylgators
had no control.
Tins applied To-, the Sheriff FASTENED 10 take
legal advice in the matter, consulting not only ms
own solicitor but also the Attorney -tienersl oi the
State. or rather the gentleman Temporarily acting
in the Attorney Generals behalf during his absence
from the city. The SherifTs solicitor gave de-
eided opinion that the Sheriff was bound under the
law of the State, TO take the negroes into custody.
The other legal gentleman, the Attorney y-GeneraPs
substitute. took different view of the ease. In
An elaborate written opinion, he held that the case
of these negroes did not come within either the
spirit or even the letter of the law IN question.
He could not think that the State Legislature
meant To embrace within the scope oi IT'S prohioi-
tion negroes brought within the limits ot the State
BY officers Of the United States, and IN literal com
plianee with the acquisitions of certain acts ot
Congress made in conformity with the constItu-
tional powers of that body. Beside these negroes,
being in Castle Pinkney, fort ceeded to the United
States and exclusively within its jurisdiction were
not any longer within the limits of the State. This
oninion. among other things took for granted, 1t
will be observed the consitutionality of the laws
or tbe United States on the subject of the slave
tradc-a disputed point in South Carolina. Under
these circumstances, the Charleston Sheriff pro-
fesscd to be guided by the opinion OF his own soic-
itor. and accordingly he made demand upon the
United States Marshal, in whose hands the negroes
had been placed, TO deliver them up to him, inclos-
ing in his note copy Of his solicitors opinion.
The Marshal thereupon applied to the United
States rct.Attoney for advice, who, in IA note
addressed to the Sheriff, consoed himself for his
misfortune in differing from that gentleman's so
citor by referring 10 the opinion OF the Attorney
Generals substitute, which he incosed, at tine same
time declining to instruct the Marshal to deliver up
the negroes.
1t would seem, however, that the District
Attorney did not rely altogether upon the superb
orty of his own law, backed though it was by the
opinion of the chief law officer of the State.
Castle Pinkney is directly opposite the lower
wharyes of Charleston, distant only mile from
them. and as the Distrct-Attorney seems to have
thought, not quite safe place of custody for
the negroes as might be desired, should an attempt
be made ON the part of the State authorities to
take them out of the Nlarshal's hands. He there
fore caused them to be removed several miles
further down the harbor TO Fort Sumpter, appre-
hendng less danger from the explosion Of the
powder stored there than from the inIauabc
elements which might perchancc be brought to
bear on Castle Pinkney. Under these circum-
stances, the Sheriff made virtue of necessity,
and a. there seemed to be no means at hand Of
getting possession of the negroes, concluded for
the present 10 forego his demand.
Meanwhile, perhaps to rec0nnoiter the ground,
though on the invitation, indeed, Of the Marshal,
quite deputation of merchants, bankers cotton
planters and rice planters, have paid the negroes
visit of inspection at Fort Sympter.
They are represented as rapidly recovering
from the effects of their close stOwage and
scanty fare on board the Putnam, and ~ in
fine spirits and highly pleased at the change
in their situation. Among other things, they en-
tertained their visitors with one of those panto-
mimic dances, of which the Africans are 80 fond.
Whether or not it represented slave hunt We are
not told. Such selection would certainly have been
appropriate TO the audience and occasion. There
are few among them who speak little Portu-
guesc or Spanish, which they picked up by beng
employed a. cooks in the barraco0ns, from which
the cargo was shipped. Ii is alleged that the me-
groes express through these Interpreters dispO-
sition rather to stay where they are than to 60
back. That is likely enough. The Marshal Is
exertng himself TO make them comfortable at
Fort Sumpter. He has supplied them with
blankets, and bale of cotton cloth for cloth
ing, and promises to treat them to bacon, pipes
and tobacco Whether they would be as well
satisfied with the ratons and discipline OF cotton
! or rice plantation is not quite so certain.
IT. however, the Charleston planters mean to
avail themselves of this God-send, they must be ex.
peditious in their movements 1t is stated that
the Niagara is already under orders to proceed TO
Charleston for their removal under the act of l-I9