Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-10-29

WIN W
their remarks position such misrepresentation must
have been the result of msconception, and not of de-
sign though now, after having read the article in
the Citizen of the 2lst instant still unable to see
wherein have offended justly subjected ourselves
to the charge of Misrepresentation either wiu acct
dental.
We regret that we have not before us the number Of
the Citizen containing the article upon which the re-
marks excepted to by that paper were predcated The
Citizen, however, in that spirit of fairness which usually
marks its intercourse with its cotemporares has furnish
ed u.s. in its issue of the 21st instant with such extracts
as it deems pertinent and which, it presumes called
forth the animadversons of the Journal These animal
versions were couched in the following language
We have sometimes been surprised by the course of
the Southern Citizen. To be in opposition to most OF
the arisocrac auocratc governments of Europe, is
almost necessity for any person who regards the peo
pie the source and the good of the people the end
and object of the exercise of all power But In the
United States the is different and however much
any citizen may deprecate the existence of any law and
seek its repeal while it law he is bound to yield it
obedience and certainly the enforcement of existing laws
is an obligation from which public officer escape
without neglect of duty.
Now the laws upon the subject of the slave-trade and
of those engaged in it, well providing for the dis
posa of recaptured Africans, found on board American
vessels engaged in the savetrade, plain and perem
tory. In carrying them out, he has done, the res
dent of the United States has simply done his duy-hs
imperative duty and vet we find the Southern Citizen
pitching in" though the mere execution the law
was an act of tyranny the part of the sworn executive
of the country The President could not set the Ar
cans ashore in South Carolina to be made slaves of,
however desirable that might be-he bound to send
them back to Africa, and he has sent them.
In order to show that the course of the Citizen has
not been such to Justify these remarks the editors
quote from certain articles in that paper-the first,
hoping that the pirates the law makes savers may
be hung at Columbia as spectacle to rouse up the
South Carolinans to feeling of opposition or ress-
lance. The second extract has reference to the motion
made for the discharge of the of the Echo because
of an alleged inormaity in the commitment This was
merely technically, a bubble at best Judge Magrath
delivered very able opinion refusing to grant the
motion. Upon the refusal of the motion made by
Messrs Sprat and BUST, the Citizen comments as fol-
lows:
{" Has it come then to this? Will the Federal Gov
eminent not only prosecute under this absurd and
unconstitutional law-but will they strain all the other
laws of the land to effect it Will they exercise what
is called in England vgor beyond the law and all to
show their determined adherence of the traffic in
human flesh p x But further still, our general
law is going to demonstrate more signaly the alb
horrence it feels for Southern institutions. 1t is going
to punish the unfortunate slaves by sending them to
place in Africa which they heard Of against
their will and is going to muct all to pay the need
full expense of this act of philanthropy and to pay fur
ther asum of $4,000 to the yellow President of Lii
IBERIA for taking care of them one year"
Without commenting at length upon this, might we
not be permitted to suggest that it begins to look good
deal like pitching into the President. If charge Of
straning the lawif accusing the general government
of going, under its cover to " demonstrate more
sgnay the adherence it feels for Southern institutions,
be not something like what plain people in this latitude
would call pitching into the administration then we
confess that we are still in ignorance of the true
ing Of words.
We took occasion, in the short comment ventured
to make upon the course of the Southern Citizen to al
ude to the different relations existing between the gov
eminent and people in the United States and under most
European monarchies 1t Nigh be fair to presume an
antagonism between the governed and the governing
classes in Ireland in Austria. 1t might be within the
limits of belie-indeed believe it to be in accord
with the facts of history that the courts and the
uries before whom certain important state in Ire
land were tried had their instructions from the govern
ment and obeycd them But because that may have
been the case does any ground exist for charging the
United States Judge at Charleston with corruption
with bending the law to subserve certain purposes and
these antagonstc the interests of his native State
and to his own interests as man and slave holder
Judge Magrath acted throughout a officer Of
the law His decisions were in accordance with his
own conscientious understanding Of the law, and we be-
ieve that understanding to have been the correct
1t is the reckleSsness of insult and demagoguesm tc
charge collision between the President and Judge Ma
grath and without that charge the remarks of the Ct
zen are simply unmeaning defamation.
But let us quote little further from the extracts with
which the Citizen has coureousy furnished US. Thai
paper says:
Again on the 23d, commenting on the further lega
proceedings had in this case, we wrote
"The Judge having refused Habeas Corpus to the
pirates has been applied to for Habeas Corpus OF
behalf of the negroes Those poor niggers want to know
why they detained in custody against their WILL see
ing that they are now assured that they not slaves
although they know that they bought and paid for
and verify believed themselves to be slaves until
They are informed however, that the United States
Judges and prosecuting Attorneys know the law anC
that they are Ito their intense disgust species of fet
niggers That being the case they want Habeas Cor
pus but Judge Magrath most inconsistency most IRA
tionay, most illegally refuses. Law or no taw the gov
eminent of the United States seems determined flor 9th
wise might we not lose the good opinion of Anglo
Saxon knsmen) to these poor Congo fellows from
the sad fate Of having to hoe cotton for vile traf
flicker in human flesh"
Once more, the Both thus expressed ourselves
The vehement zeal with which our government has
proceeded in that matter to the EXTREMIST length of
insulting and unconstitutional law, employing our fines
national ship at heavy cost, &c-a this though crue
to the blacks and insulting to the whites may be lega
(houghwe do not think it isl but at all events it shows
the settled determination of democratic adminstra
ton to crush down the truly democratic principle o
freetrade in neCrOeSN