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

already been placed oaore our rssierl ard i qaSe
necessary 70 rerapnusie them.
Acting upon Lhs iSforms msion tho serin Ssdfosssd the
obc~ing notes "a Hen J. y. IayH9 Attorney Gsaers! os
ihc ante, ard Nsssre Whasy mi Lord he legal al
VisefB;--
Z CurrrsroS, aaruet 80, 1885,
has hee1 suggested " rne l0At aAgc Of ireo segroes
gns whnp tho JurisfictoD RIO s1is anf thE ths sct
% isot nces ro spply srrscu,s-ty ,hsr there may
aoonno, q hs avs of Sau,L Ca'cza aud t1oes no
Office, az tla n. n. % 49, 9. - aiu ~ 20 ="
ss 10 The p,ran aunt rr,sdicion
bon' ISAAC HAYsE
The inccsed sfdavi oavog roen bro jrht bfto-e ana
notice given me ths gould se espec,ea 70 c,npy nth
ne pfovsnus OF toe law under ,ne of 1885, bog
call tho 10 your oNoa ana r.a,est "a spe ga
sdvers OF he sheriff Jour oD,ro. a. II the oorfse OF
JoaN Z caEEw, l. CD
kessrs. wHAIEy ard LoRp
ln reply to tbese, tho following opinions wore rs-
ceived--
LAW RANGE, Augast 81, 1853
enclose you my reply 10 tine note addread by you 10
ter of the Africans, which y,u yesterday. Alto
having read il TO you the United sa.es Dsro. Aisorne
pps sp la, - eyenns @ r0' o sh5h
JonS r. CAREw, Esq.
OFFICE ATTORNEY GEssRAL Aug1st 80, 1883
Your note OF sundey the 29th nst orougn. u me
~ - noos anu oouo only sena ou verbal messaye, 70
.ne ehecs 1 Toe case ftated % nid oa auy
acton on your part as Sheriff Jou ay opinion
the city. You say
tas teen sugfssted 70 t,at saso ee negroes is
lying within lhs uFadicton ha state ha ss act OF
soas ssd i's,s sos tss 10 susd sss
safe -nooa = ,as "a ssn. ft, ~ ,aa NV u !, I o. me
mouei jurisdioioa. p
The isc, as represented me- are shs, some cfl.srs
OF the United Stass navy brought into part yosse
captured by them as q sayur, having IN b3eri some
three hundred Africans thst aver seinng day ~
Quasntne ground, the Africans ielivorhd 70 tho
ourtody Of the UDnsd State, MArsLs ant nave by him
teen placed n cssie Piackney.
The only law OF South Caro;ns which thtak bears
A. A. . ilI nj
though modified in certain (of ~hca tho preseat Is
not ope) BY the act of 1866
BY the rn secton OF ,his act Il a7o) il IL ena ted
"Ihat alhl not De lawful for free negro porson
of cror " migrate iao this Sate, DC crocga 10.
roGsceJ iltc lie limits under prctax wnassvas by
land Or BY rLier and coca declare sasl bo
cone = case Of Any auch migration Or inrosactsa conr
crariy Of opinion lhs. You are no. aathor,zsd ss
sheriff to proceed under Tho pEoy.sIas Of lns act tho
First Becsuse think thst the present case does not
come within The purview and scope o Assembly
Of 1885 These negroes hsvs been seized ami brought
into this port By officers OF the United States literal
comprrco with the requsticus and directions OF certain
acts o. Congress, which acs or she con-
sttuor powers Of Congress over tho subject matter
ere part Of the law Of South Carolina .s.no. tnsk
this case
The A. Of 1888 proyices certain noscs Of procedure.
and declares certain penalties In vi free legroes
unawinly broughs into tie ha of Tue States, asd ia
provisions do not apply 70 the or fuch persons law
fully brought within the limits Of TBS Sa,s.
Secondly. / am Of opinion tnat tne which hAs
does LOT came within she letter
1886 for these africans nhcy be regarded
as "ree Dearoes," meptonoo the sct (which may
nit Of question have not migrated inso tn's stale, or
oes brought or nroauced into is 's 90 - 70 be suo-
These Africans IN Castle prnckrey, fort ceded
TO the Uniieo stAler and exclusively Jursdc-
iion Of me Unixd states and therefore not sh,n ns
lmiis o. the State and previous their being placed
there they weren vessel under the jurisdiction Of tne
by the ninth section OF the A. A. OF 1885, il Is declared
that s provisions shall not extcnf 10 free negroes
Un- pla tr.
navy, 90 think that s provisions apply TO The
cAae Of other FREQ negroes on board sf Unitod States
has been suggested that The nrs, section Of the
A. A. Of 1855 does not apply 70 these being
nrousns mt tns porl cause which ma<es sn n en-
operation OF the A A. Of fsso hat not disposed 70
advice 70 ysu on inS cossucuou Of tho set OF
lobe, pui Tashcr where have before placed a. On
WOW that tho at OF 1895 does not Apply this csss,
either IN spirit or letter.
II might be added, 10 passog, In confirmation OF the
view which have taken Of ho sot m 1893 nat 70 hold
thst applied 70 this and trss the srrr b,u1d
70 take possession Of thess negroes would Ds TO defess
The object VI t7e act introducing hese psvsons
who are now the custody Of tho uaiied olosrs
soo therefore kers from smorg rs :, certain extent
the m,on OF ustbo very evil intended ~ be prevented
might further sugeest 20 yuu taAs he objsSa
OF ls35 wss TO prevent ,he introduction of this
OF persons au,orgst and s provsors to
leaving STATE me scs Of 1898 we're aprli
cable 10 The case you might, ncvcr,heess be saashed
VIII; n p,oeur@g % ,ns resa Saaoos literal compIsncs
opinions 70 tho nappcsbny OF sos 70 tas present
case, would be needless 10 ADVISE you this point
Tie going has nscoesariy very hurrody grit
ten and have had 10 content myself with giving you my
conclusions whou' sasrg fully .ne r.seccs nom which
Tcr T. w. Hsyoe. Attorney l;eoera
10 Jons T. ciRrw, Esq, sherif Of Charleston district
Cusmsnos, August 80, 1855.
Yocr note of This instant, calling orona a 70
The sequeo pursue master II the
free persons a Castle Pucknsy, been received rne
Gaze e:rsndsd sn mns ie eSgre.son OF opinion, and
% much more % nasuy prepared than ,ss srsv.y O. mo
To- Jsms cssr~' sher, Of cna,,s.,oo s.,,,c, IoAp
IN THE NArrT OF cKSrAs rRxE PERSONS OF
coLoA At CASTLE PfsCkHky.
On Friday, mo 27h day q August, isss, oArg, Of
African negroes, captured ~ uaitsd ssssss criscr
ssn % ne mo ass s Sss & & al Y s
within The port of Charleston, sni about mile from
me ci,y ss BY an 80, o. ,ea s.,e o. soah o.roiss
vest free negroes aad other persons color enter
ng INTO ihr state ard for oahsr purpo,es psasef
se person Of color 10 migrate this sa,e
or be broaghs Or introduced n,o s limits under any prs
negro p.r,on o. color trot b.iss ss.asr on board
any weasel arriving IN this sssss) shsll mss;s
INTRODUCED t,o this state, contrary 70 this act, 10
o,nvey bm her before asy magistrate OF TOO district
or p~sh where he or sbs msy BE- tssen, soi Y shall
es,rc. which entry shall bs male, snd of tho
the csy nsrstas the city cf Charleston, should the
entry Be made in Cbarlestoo upa tnfJroaaoo or tho
grafton or introduction o any suo fres aosro or psrson
OF color 10 arrest a. bring before some agsxtc of ths
district parish where the frbc negro person u
sEsll be taken, which Magistrate 10, ~ tbs a. emvow-
cred TO commit 10 prison, or Al his ccreon bold 70
bail such free negro person Of o0lor, summon
three freehoters aud form coutfor the os-oas OF
color and sucn tree per color within
sir days after his or her arrest and copycton 70 o.der
him CT her 70 leave the state, sni 70 commit free
person OF coor convicted cose prson until
such ne be she leave the State or W relsase him
or her sufficient bail for any time exceeding arcn
Ays, ~ The discretion Of the maRstrae In OF fall
70 leave the state within The time limited 10 sai act by
sad ee persons of color, they drcssed Be scid hs
ninth sccon Of AID act cxcep ec negroes of
color vho shsl arrive IN any port harbor cf THIS sts
~ cooks, stewards mariners, o. o.herwHc
employed 10 any vessel of war Of ito United
states navy, on board Of sny national ves-
sci Of the naves OF Auy q the EurcpeSn or
other po~ers 10 amlty with the Trisef sa'ss, unless
raid free negroes persons cf color pha be found on
shore after bepg warned BY sheriff hin Deputy 10
enr an hnard thosr aanflnn alnn