while the scenes we have described in the foregoing chapter were being performed, several very interesting ones were going through the course of performance at the consul's office and other places, which we must describe. the british government, in its instructions to mr. mathew, impressed upon him the necessity of being very cautious lest he should in any manner prejudice the interests of the local institutions within his consular jurisdiction; to make no requests that were incompatible with the local laws; but to pursue a judicious course in bringing the matter of her majesty's subjects properly to the consideration of the legal authorities, and to point to the true grievance; and as it involved a question of right affecting the interests and liberties of her citizens, to ask the exercise of that judicial power from which it had a right to expect justice. the main object was to test the question whether this peculiar construction given to that local law which prohibits free colored men from coming within the limits of the state, was legal in its application to those who come into its ports connected with the shipping interests, pursuing an honest vocation, and intending to leave whenever their ship was ready. the consul was censured by the press in several of the slaveholding states, because he dared to bring the matter before the local legislature. we are bound to say that consul mathew, knowing the predominant prejudices of the carolinians, acted wisely in so doing. first, he knew the tenacious value they put upon courtesy; secondly, the point at issue between south carolina and the federal government, (and, as a learned friend in georgia once said, "whether south carolina belonged to the united states, or the united states to south carolina;") and thirdly, the right of state sovereignty, which south carolina held to be of the first importance. to disregard the first, would have been considered an insult to the feelings of her people; and if the question had first been mooted with the federal government, the ire of south carolinians would have been fired; the slur in placing her in a secondary position would have sounded the war-trumpet of abolition encroachments, while the latter would have been considered a breach of confidence, and an unwarrantable disregard of her assertion of state rights. the executive transmitted the documents to the assembly, that body referred them to special committees, and the messrs. mazyck and mccready, reported as everybody in south carolina expected, virtually giving the british consul a very significant invitation to keep his petitions in his pocket for the future, and his "black lambs" out of the state, or it might disturb their domesticated ideas. thus was the right clearly reserved to themselves, and the question settled, so far as the state legislature was concerned. the next course for mr. mathew was to appeal to the judiciary, and should redress be denied, make it the medium of bringing the matter, before the federal courts.

we cannot forbear to say, that the strenuous opposition waged against this appeal of common humanity arose from political influence, supported by a set of ultra partisans, whose theoretical restrictions, assisted by the voice of the press, catered to the war-spirit of the abstractionists.

the british consul, as the representative of his government, knowing the personal suffering to which the subjects of his country were subjected by the wretched state of the charleston prison, and its management, sought to remove no restriction that might be necessary for protecting their dangerous institutions, but to relieve that suffering. he had pointed the authorities to the wretched state of the prison, and the inhuman regimen which existed within it; but, whether through that superlative carelessness which has become so materialized in the spirit of society--that callousness to misfortune so strongly manifested by the rich toward the industrious poor and the slaves-or, a contempt for his opinions, because he had followed out the instructions of his government, things went on in the same neglected manner and no attention was paid to them.

now, we dare assert that a large, portion of the excitement which the question has caused has arisen from personal suffering, consequent upon that wretched state of jail provisions which exists in south carolina, and which, to say the least, is degrading to the spirit and character of a proud people. if a plea could be made, for excuse, upon the shattered finances of the state, we might tolerate something of the abuse. but this is not the case; and when its privileges become reposed in men who make suffering the means to serve their own interests, its existence becomes an outrage.

a stronger evidence of the cause of these remonstrances on the part of the british government, is shown by the manner in which it has been submitted to in georgia. the british consul of the port of savannah, a gentleman whose intelligence and humane feelings are no less remarkable than mr. mathew's, has never had occasion to call the attention of the executive of georgia to the abuse of power consequent upon the imprisonment of colored seamen belonging to the ships of great britain in that port. the seaman was imprisoned, consequently deprived of his liberty; but there was no suffering attendant beyond the loss of liberty during the stay of the vessel; for the imprisonment itself was a nominal thing; the imprisoned was well cared for; he had good, comfortable apartments, cleanly and well ordered, away from the criminals, and plenty of good, wholesome food to eat. there was even a satisfaction in this, for the man got what he paid for, and was treated as if he were really a human being. thus, with the exception of the restriction on the man's liberty, and that evil, which those interested in commerce would reflect upon as a tax upon the marine interests of the port to support a municipal police, because it imposes a tax and burdensome annoyance upon owners for that which they have no interest in and can derive no benefit from, the observance of the law had more penalty in mental anxiety than bodily suffering. we have sometimes been at a loss to account for the restriction, even as it existed in georgia, and especially when we consider the character of those controlling and developing the enterprising commercial affairs of savannah.

but we must return to south carolina. if we view this law as a police regulation, it only gives us broader latitude. if a community has that within itself which is dangerous to its well-being, it becomes pertinent to inquire whether there is not an imperfect state of society existing, and whether this policy is not injurious to the well-being of the state. the evil, though it be a mortifying fact, we are bound to say, arises from a strange notion of caste and color, which measures sympathy according to complexion. there is no proof that can possibly be adduced, showing that colored seamen have made any infections among the slaves, or sought to increase the dangers of her peculiar institution.