, 1861-02-08
The Commercial Arranpements or
South Caruilun.

. / SOuAn I&rOuuH.
me Collector at Charleston finds business
Ai tnat port difficult and embarrassing, and ap.
pies to tue State Department Of that iudepen-
dent power, South Carolina, for its views. Secre.
lary A &. Magrath replies, that as Federal
government may intefere, it is proper to CON
slaer Mhat course of conduct should be adopt-
ed The difficulties must be. he says. wi,h
vessels Of three kinds-those owned by For
g1sn foWers, or those owned BY States in the
| Qnlon, and by the States out Of the Uuion.
WIN regard to tho first class, no difficulty can
DC 1oresecn, rs the principles Of public law, rs
plain. Ali treaties with the United States "a.
eogn1ze those laws under those treaties as
piudlug upon all The Stntes. The political in
dependence OF each State hns not been denied,
except BY those States which have sought to
maintain their despotism. The afloption ~
the Constitution OF the United States sue
cccdeu the recognition Of the independence Of
Tue several States named in the Treatv of
| ment. 4@@ -
The Secretary contends that the States were
50 constituted that they could withdraw FINN
| the Confederacy and Get up for Themselves.
repudtating their agent at Washington. The
secedlng States have IN organized Government.
recognized by the Constitution OF the United
S;at%s, the authority Of which is paramount.
.t't .nr aii purposes Of internal government, to
that Constitution-tle functions Of which
state cannot be accomplished by the Federal
.osetnment u State was not free to Sc
ceae. It los: its freedom by entering into the
~ TIonisdesacy TO secure more perfect freedom.
lhe Secretary then claims the right Of South
Carolina to recognition from Foreign Powers.
gn the ground Of its complete in.iepepdence'
Inc e next point is the difficulty with tie Feder-
~ Government, rs it may not acknowledge
!n1s assumed independence. South CaroIi6a
eieariy mas government, fnot de ;jurc ut least
Ii Is rerarded o4 fortr,ro+o that ,;&1x- .,
to Governmcnts Of this description, the late
secretary OF the United States, as well ua the |
present one, recently the Attorney-Ge
nave given construction Of the law OF nations |
"a "a 3 case taat may be deemed similar. He !
fncn cites the case Of Peru, where it yus de- |
clded that the lie Jdcto Government was tn he |
respected and obeyed. Vessels of the Urfted |
states Lad right to be protected when thew |
nbeyed the regulations existing in the port
'hcy entered, DC. The six propositions re-
then cited. The conclusion, therefore, is thaf
luz United States will recognize any foreign
vsssecss entering or going out Of the port Of
Clarleston. He adds, with this supposition:
,:herefore, !: which decent aud proper regard
,';, ,?I tae:Gosernmeut OF the United States r
sna!l assume the responsibility OF doing 80 it.
sell, 1t will be convenient easily to Iist5ose Of
zach case which may arise.
lt Will be sufficient to notify the PARTIES in
I'LL eases, that the State OF South Carolina il
not part Of the United States; that the rev.
enue Laws of the United States are not Of iorce
"Hnln the limits OF this State; that I'LL com
iacrcal regulations at this port are of furce by
the authority only OF the State of South Caro-
INA and THAT no interference will be permit
Ien oy the Government Of the United States
Hih such regulations as the State of Sont],
Carolina has provided; nor will the authority
81 tic. government CT the United States hc |
the State. 1'N''s0 ~
You will thercupon proceed to discharge
, our duties as provided i'll the Ordinance Of
the Convention; mud il it should happc,, that
alter such explanation, Ill any case, other qucs.
s1ons may arise tllau such Is are provided for
IL TINS uot:, yuu .si:l make particular report
70 this d'';.::'asnt. Whatever may be the
.tility Vi :. turciyn Power 10 secure fnr its
vessel a.. :aate protection, tile authorities Of
us ss:s viii regard the attempt Of the Gov
'rtnchi oi the United States to interfere will,
IT, 't-stl 1t . trierdly Power upon tl1, va
eFs oysr which thc Jurisdiction ot tie State | /
:Aasaos, ~ Inc sams Light as IL the attempt
State, ~ 11'lo
IN. ne' class Of vessels are those Of The
J n!tea States Il tha. Government proti it's
hcm from traffic with South Carolina, there
an be no objection. The best class of vessels
tho:e Of sec ded States. The hiyl sea- are I
he common property Ut nations, and if a |
ohlpl'acce WtL certain laws is iulpossib1e. 4
ow c1n there bc any punishment aw rdci. :,
wen upon the narrowest and most technical :,
round, an a!telilpt to forfeit vess j lee:usc II
Aer Aoii.cou p:i:ncc with the provisions Of | "
~ laws oi the United States, would, beIort. ID
ny impartial tribunal or enlightened Judge, II
hu1nn.arlly dismissed. Nor would the Re, II
ew;d Ct the attempt to enforce such cen Il
ehhatloh or forfeiture, be regarded otherwise
'an the cshibition Of q tyrann1cal will. strin-
"a Of the power to make its !: tt mptcd exer-
Sc even respectable
IEe instructions, utter endearosinz to show sa
70 Federal government that it would destroy
'ace to Interfere with these yi.ws ty FORCE. ~
include Gy saying should the Government OF r;
e United States, n relation to foreign YES 10
tf, change the rule which it has declared 10. ~
lcable to its own vessels, ii will BE- tor that e
oVernmGnt to explain to foreign nations the st
asons which have induced, at fffs i'm. thot m
ange. And it will be for such foreign ua- "a
ons to determine how far such reasons are Of
Inquirer. in