The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-05

serving boSever n herself the right OF serving civil and
criminal p-octss the-ein The TO herself
thus right shicn she could DOT abandon wilhou. NJ
tablshing eitbr hsi limits impsriun ia impeso, win
cut yelopg tbe rsot Of mAsuS police regulations
ing afuDoamerta institution. Bet before reaching TINS
fort heee persons within TIE limits OK tho STATE ana
GENE vihn the operation CT The sci Of 1855 Ano tne
Of las which wo1ld authorize the serving 81
prots within the tort would authorize the pursuit there
in OF aoe who bad ALREADY become snepaoe 70 the laws
Fmapusl pcreira free perscu Of aud suojes, Of
Grea; Bfitsn 10 Rich, l. isq), who was arrested un
habsas oo-pus was refused BY Juose wihers Notwiih
stand ing the attacks upon and the complaints urged by
foreign States A. well the States OF this confederacy,
thie sste lbs, viii the modification above indicated
acously sohereo 20 IT. IL feet s constituuonsy has
beeo vGcicaieo By az Attorney General OF the unnes
States upon ground OF rs oeh police regulation, and
this agaiDs. an application 0. the Brtss government
II sesus la THE Slate would have the same compe.
tepcy 10 police regulations gectpg the trestnert OF
free peoBs o. color entering her limits abe has 10 pass
Quarantine laws would ssera 70 apply orsort for tbe
wasss Il exists. Tie act Of Congress Of 1879 puplOps
laws T. 6cs) authorizing tue capture o. vessels Gu
gagged ,6e slave trade diTecis the cspors 70 put the
Sesross into ,bs possession or the Unsd States Marshall
ana icr that purpose 70 take them Into Aa po Oh tne
Uni,ed States and drect' the Marsha % Keep ,nem
removal Is ibis laE Inconsistent with the &C oil 1883 and
does the execution .; the aoi OF 1855 defeat ~ think
NOT Poip onempa;s the rem oval o tie free par
so1s OF The federni Law names no time The
state Law limits the tine rhs - the ony
the UrrSd states the power or sbolishng the slave
trade, Ispossess teIseG OF all right 10 make regu
IRteEs over D tOp1St OatseT peculiarly WNLiE Lor
pfoy'roe and affecting ner iaerzs policy think no;
she petcnt 10 regulate tue treaen OF free persons
wthr hsrnits Ard theee regulations become nna xiui
only whp they dsea 20 de cat the operation OF the
act Of Co1gTess The distinction between consyenns
defeating law and regulating ia execution ore que one
rent h lie case the ate officer took possession he
required that they State possible, and
thai woulo be ppDsble for their delivery tho
time Limited IN he ac Of 1885 In the case Of toreyn
powers ard IN I! her c2ers. regulations OF
the ACT .. 1895 are s0mstsc 70 De operative tpon wns
can A me- 4
emplon2 No more can s0e escape these police reeaa
tons than che could evadc ire Quarantine lava II the
State hss the right to protect Aerss agapst inecUl or
contsRon arising from ply eicA Why has she not
the rett to project herself sgsast disorders ssne from
mora causesg OF VIVA, s necessary in this baaau she
be exclusive JUDGE II the United States nave the
right &c Keep these free terEons IN slave port oi one
cay why not the right keep aeu there month oc any
i1csbnUe itnsf II they rave Tbs ngat 70 keep fnera
within mile Of The cE why not within lev yards
70 tasue Pineeney, WY no' Wliin W GU! sen-la
The srersii 10 Keep thsse Tree persons oil coor
thus Fnh'u The sais II ths STATE, Is - odef Sao.
jeet 81 ccasidersto2 winch -1ay lea 70 'onlsn $40
cetug0s5cs anong thai popnsuc1, which = the oossl
Of the aUi OF 1885 10 Keep peace the act OF Congress
nskes difference betseeu the introduction OF free per
Il cccr INTO the port OF slave State aud taat q
free State and thus may well have co1templatei sub
ordination &c the State laE in the execution OF ss s-
But IL these two laws do c3nic which then mus,
p<evany think tha, which ia - making. Sad
thu; which clas 10 be police regulation. 10 conclusion
Il sees T. re that in STATES wne-e negro sayes exist 10
than ar; DC LETT the II which free negroes
tesiss therein must be dealt with. therefore think that
the Sheriff % Charleston dscl sreqrred 20 take into
=
Solicitor or Sheriff Of Coarleetou district.
In view or these conflicting opinions, and the absolute
Of the FIRST section .. OF 1885, which appear
&c 10 the sheriff 70 require actin his part ard 10 salts
fore the Usd satee Narssal o. the district ard demand
se satSdef Of the LtEross 90 IN his POSSESSION 70 the
billy Of any violation Of The ac Of 1885, and refusal 20
comply win ts terms, By this course inrowa upon
TIE general government 10 ins he addressed note
TO The Aashsl, 10 which the folio wig ID rspy:-
STEAMER GKsI- uIINcn,
CHARLESTON, S. c., 30tn august, 1858
Ibeg - acknowledge TIE receipt OF yours 81 hs date,
c0vsr0F she opinion q your legal a1viser. ar VIVA
ley bsve transmitted this opinion 10 the UL3d States
D5c, AeTEsy Mr. Corner 'nd shfl Be ggids6 b. bis
L. 5. Marshal, So "a. District.
sSertf 81 Chsrlesioa District, Charleston, g C.
soon a,Ier be received the following from James
olIIcE o. I. 5. DISTRICT ArroRsrY,l
czssisSToy, suiust30 1855. !
Your letter Of tss date gelhnr with the opinion Of ar
B. J. Hbaey, cave been bnucet oy ine United s,a'e,
Marshal, 20 whom they were addressed hare the miE
fortune TO Ger entirely from NJ whsley in the con.
sxucton OF the act o Assembly OF 1885, but the view
ts1e c. tbs act Ia sustained by the Attorney General Of
the State 20 whom, the Law officer OF the State" this
subject was submitted BY you last evening II q need
lees Tor re 10 DO more refer you MS opinion
"a cops 81 winch e2close), 0scldirg that you
have right 10 seize these negroes. Fortified m my
~ the act Dy the oprOn OF the highest lag
rAoer a. the state sba instruct the Marsns not 20 do
osy. JAMES CONNER,
L. s Attorney, South Csrolins.
TO joan CAaFw, Esq sheriff OF Charleston distrc..
While these proceedings were progress, information
broshi 70 ne sheriff thai The nsgres Sere removed
fror Case Pbcsney 70 fort Sumter, lev uiee further
from city We learn thai ve~ OF their no, beng
N the wa Q; the evils contemplated ov the ar Of ais
State Which the op.non cf t3e sheriff rendered hts
cUiy 10 priced Bga Dst = en-, ana being unw rs u7dor
MI tie crcumEiaaoee, 10 force connsi OF jurisdiction
between the state and ioeers governments, Unnecessary
70 The Objects ccrierplslsd bs as act ne determined -
fo-eso furseer measures 70 carry tn law INTO effect in
tbs case
go ,o.rrrroA On rux .x.s,.xa uuxs rua orc.
eEL WAS cAPrrHnD.
The Key Neu heyq ne Guf, u 10 accorn Of ihe |
CAPTURE OF the brig Putnam BY the Unted Ssles
chip Dolphin relates the iollcvns.-
Ibe prize hso o. board ~oen taken sooui three hun
drea soc larry Africans, mostly souns, more Of whom
Gently several Drtts on TIE vcvsee More ihsu seven
sghtas q ihe slaves, aAe ana ierae, we're 10 nsio
state. they we're coua5ec q the deck In sttsg pos
ture-'spo6n fashion'-and, We learn from M =.
Browne q M Dolphin, presented a most d.gustcg,
Kcss-Bg asd reycltog appearance. MaUy nal tbe
lepFosy otters witt tte!f eyes ootradifg from 10.
socket, oihsT win horrible ores aud almost a.
cotcsivsbs a'm1is, c.r,eqreoi % their posucn |
10 cotft eueni and .-es ueRi o. board Udet. |
ualv shsre four hurSrto ard severiy taksr OF
bard, q veca oumosr nen3rcd a5d orsy had eled
Among TIE accidents o. ne uap4Ie lsarr tnsi the Il
n1nt before i1ti event ths ve4stl bang wi'hn ab,ut
egniy niles o; The port . oeatnanrn, 9 grand eusr
rsgre " tew cui va hsa g 9osr1. . s1tc patton cf
soor svccegsry ccmqstog thp vrvage hnrc-rT the
Troceeds-of Which &c are u'orucd esen ~ NO crew
vas 10 receive nre runcrss ooiars, ar tie orno~a
peeled 70 clear s1ndrtd spo ,a-ty Thousand ool.
but be'o-c ihey had time ~ the Effects OF taer
pctstore te Dolphin hevs ~ sieni ~ dafhfnt, much ~
Their fwrrrise chsgri1 Also dLfrg the Cnnss.
thsgvbi ~ the sisvtrs thai ceE vessel ds-
tA1CnR the Dolphin, hey syan induige1 IN cbAmDsgue,
drtsnR conlufsa q the purprers leaning rah
anc Dovits and tae,pg ~ bumper Q The most IN.
prcvN1 enc Con yUu Web could cac1 us' style
Bet whec the sst shnt fired. going between be-
masts Their s ASSURANCE sud bopes ~ escspe turss3 ~
Tear ana excitement aud sr To- caprre they expressed
great sstcn sunsnt 80 N, accuracy cf the shot and
ask&a waF knG q gun seat bsl that dEiance
TBg coSGo QrKsrIoY M VIRGINIA.
.from tne kicbrond Inquirer sept.
fof TIE hrs time 10 The history Of the country vessel
haS been taken p the act o. slave trading Otbev Qae.
tons connected with TIE ssve trade arisen
cccasons but before lave que pre-
seated by the capture o. the EcBo been grsc
uckly mt American politics What shsg Be d0ae wl.h i
the cargo The laws q Congress ysa.a and Ckaci
Do. the rgQuifemanis - sid avs uractcafo 70
connsrsie vessel 10 Zoe tia tberes The
arsCs1i e. me value q the vessel 70 Easg the captain
and even he cre~-e these are suscepuole p ufact