The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1861-02-14
NO. 49.
I3terssthSs CRrrespsnde.ce.
VThe Charleston pd kers of SATURDAY. bring

s-Ihe Charlestok pap pers Of Saturday kriag
US an important correspondence between
Mr.. 5Colcock, Collector of that port, and the,
Secretary of State, Hon. A. e. Msgrath.
The former wishes "to know what course
he is to pursue in case the government, ,.at
Washington takes the same ground in re-
lation to vessels and cargoes owned BY citi-
zens Of the adhering and seeding States
of the late United States, as they have in
notifying Foreign Ministers will be taken
with regard to all pay ments Of duties hero
as mispayments, and all clearanccs as in.
valid"
The reply Of Mr.. Magrath is very able
and elaborate, and, as State paper, will
add to the high reputation Judge Magrath
has already justly earned.
After going into an able preliminary
view of the new relations created by the se-
ACCESSION Of the State, he makes the fol-
l6Win points, which are condensed and ar.
ranged by the Charleston Ereainy Ners.
i. That the Government at Washington
should adhere to the rule they have laid
down in the case Of Peru, under their con-
struction of the law of nations, that a de
fdcto Government exists Us regards vessels
OF foreign powers entering or clearing from
this port The rule then laid down was
"that a civil war, where one party has DOS
session of part of the country, and there
has officered the local govern ment, the iu
nt of rfx,
eIgn vessels must conform to its decrces."
:. With regard ''to vessels which are
owned by citizens of States which are still
members of the confederacy known as tho
United States" Mr. Magrath states that
''such vessels are of course bouod by mu-
nicipai laws Of the country to which they
belong, and it will be for the Government
OF that country to impose upon these ves-
sells such penalties as it may choose to pro-
vide for what it may consider violations Of
its municipal laws, To such a policy, If it
shall commend itself to the Government Of
the United States, this State has no right
to object"
3. The last class of vessels which are
or may be affected by the interference of
the Government of the United States are
those owned by citizens Of this or other
slaveholding States"
The right to navigate the high seas, il
is argued, is an attribute Of an independent
nation under the law of nations, and
it Is inferred that "the highest evidence of
the independence Of a State or Nation is in
its ability to prevent the execution of the
laws of any other State or Nation within
its own territorial limits"
1t then becomes government de facto,-
while the acknowledgement of the United
States that de fdcto government is one
(Which exhibits any evidence Of stability,
aud the people who adopted it we're earnest
in 10 support" excludes the right of cap
ture on the high seas, because of any al.
legged violation of the laws of the United
States. The letter Of Mr. Magrath con.
cludes as follows:
You will thus see that should the Gov
ernment OF the United States, in relation to
foreign vessels, change the rule which it
has declared applicable to its own vessels,
1t will be for that Government to explain to
foreign nations the reasons which have i'm.
duccd, at this time, that change. And it
will be for such foreign nations to deter.
mine how far such reasons are satisfac.
tory.
In regard to any interference with YES
scls owned In this State, or any other State
which has or may secede, you will, OF
course, give the earliest notice of it to this
Department.