Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-04-16
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A BIT OF INTERESTING HISTORY.

A correspondent asks Tor the history OF
the trouble between this country and Eng
land in reference to the imprisonment of
free colored seamen on their arrival at the
ports of this State.
In 1885 the Legislature of South Carolina
passed an Act which provided that "All
sailors or other free negroes employed on
board any vessel entering any harbor OF the
State shall be arrested Immediately on their
arrival and shall be held in prison until the
vessel shall be hauled off from the wharf
and be ready to proceed to sea."-Statutes
of South Carolina, Vol. VII.
In 1874 another act was passed, entitled
can Act more effectually to prevent ne
groes and other persons of color from en-
tering into this State"
| In 1850 the British consul at Charleston
addressed a communication to the Legisa-
ture on the subject of the modification Of the
law. A committee was appointed, but pre-
sented report adverse to the modification
of the law.
On March "a, 1852, British vessel was
driven into Charleston harbor in distress.
Manuel Pereira, a free colored seaman, was
arrested and imprisoned in accordance with
the law. To test the constitutionality of
the law, the British consul applied to Judge
Withers for writ of ha6eas corpus for Pc
reira. The motion was refused. Pereira
was detained in prison; but was told that
he was at perfect liberty to depart whenever
he could get a vessel to take him beyond the
State. Governor Means instructed Sheriff
Yates of Charleston, not to give up the
prisoner even if he were allowed habeas
corpus. On June 2, 1852, the British consul,
on behalf of Pereira, brought suit against
Sheriff Yates for $4,000 on writ in trespass
for assault and false imprisonment. On De-
cember 7, 1852, q committee of the Legisa-
ture to whom the matter was referred pre-
sented the following report, which was
adopted:
"That in consequence of legal proceed
ings lately instituted against the sheriff OF
Charleston by her 3ritanic Majesty's consul,
| the subject has assumed character of much
Importance, and your committee have given
to the same all the consideration which its
Importance demands, and have come to the
conclusion that it would be highly inexpe-
dient to abandon at this time any ground
on that subject hitherto maintained by this
State. With q view of providing in future
| for all cases similar to the one now brought
to the notice of your committee, in reference
to the sheriff of Charleston, your committee
beg leave to report the following resolu-
ton:
Resolved, That hereafter in any legal proceed
ings instituted against any sheritfs of this State
|
law of 1885, the Governor of the State be author
lied to employ counsel TO defend such sheritfs
and other persons as may be by them employed
and that he be authorized to use from the con-
tingent fund such amounts as may be necessa
ry for that purpose"
The matter was brought to the attention
of the Federal Government, but was refer
red to the South Carolina authorities with
out action. 1t was held that the General
Government had no Jurisdiction in the mat
ter, as it was not embraced in the commerce
clause of the United States Constitution
but was a matter of police regulation of the
State of South Carolina.
In his message to the Legislature of 1852
Governor J. II. Means said that if it had
not been for the proceedings of the British
consul at Charleston, he would have sug.
gested that the law be so modified that cap
tains of vessels entering the harbors of the
State be allowed to confine their free color.
ed seamen on board their vessels; but as
the proceedings had been brought to test
the law, he considered it matter of self
preservation to fight it to the last
The whole trouble was due to the man.
agement of the British consul, Mr.. Mat
thews, who was soon after removed. The
next British consul was Mr.. Bunch, a man
of unusually pleasant and amiable disposi.
ton. Mr.. Bunch visited the Governor and
appeared before the Legislature. By his
skillful treatment the excitement subsidized
and the matter was dropped without any
real settlement. All the papers relating to
the matter were burned during the late war.
Ne'rs dnd Courier.