nt of that law of our State which
requires the Sheriff of Charleston to seize and imprison colored seamen
who are brought to that port. You will remember that the British Consul
addressed a communication to the legislature in December, 1850, on the
subject of a modification of this law. A committee was appointed by
the House and Senate to report upon it at the next session of the
legislature. These committees reported adverse to any modification. On
the 24th March, 1852, Manuel Pereira was imprisoned in accordance with
the law alluded to. The vessel in which he sailed was driven into the
port of Charleston in distress. This was looked upon as a favorable case
upon which to make an issue, as so strong an element of sympathy was
connected with it. Accordingly, a motion was made before Judge
Withers for a writ of 'habeas corpus,' which was refused by him. These
proceedings were instituted by the British Consul, it is said, under
instructions from his government, to test the constitutionality of
the Act. I think it here proper to state, that Pereira was at perfect
liberty to depart at any moment that he could get a vessel to transport
him beyond the limits of the State. In truth, in consideration of the
fact that his coming into the State was involuntary, the Sheriff of
Charleston, with his characteristic kindness, procured for him a place
in a ship about to sail for Liverpool. Early in April, Pereira was
actually released, and on his way to the ship, having himself signed the
shipping articles, when, by interposition of the British Consul, he was
again consigned to the custody of the sheriff. A few days after this,
the British Consul insisted no longer on his detention, but voluntarily
paid his passage to New York. This was looked upon as an abandonment of
that case. The statement of Mr. Yates, together with the letter of the
British Consul, are herewith transmitted.
"While these proceedings were pending, the Sheriff of Charleston had
my instructions not to give up the prisoners even if a writ of habeas
corpus had been granted. I considered that the 'Act of 1844,' entitled,
'An Act more effectually to prevent negroes and other persons of color
from entering into this State, and for other purposes,' made it my duty
to do so.
"On the 19th May, Reuben Roberts, a colored seaman, a native of Nassau,
arrived in the steamer Clyde, from Baracoa. The Sheriff of Charleston,
in conformity with the law of the State, which has been
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