Manuel Pereira; Or, The Sovereign Rule of South CarolinaAdams, F. Colburn (Francis Colburn)
General
Manuel Pereira; Or, The Sovereign Rule of South Carolina
Adams, F. Colburn (Francis Colburn)
African Americans -- Fiction; Biographical fiction; Pereira, Manuel -- Fiction; South Carolina -- Fiction
“We have but one regret in the matter, and that is that the case made is
one where the party asking his liberty has been driven into our harbor
involuntarily. Great Britain, it is true, is the last power which
should complain on this account, with her own example in the case of the
Enterprise before her eyes; but we do not, we confess, like this feature
of the law. We have no doubt, however, that this fact being brought to
the notice of the executive, he will interfere promptly to release the
individual in the present case, provided the party petitions for the
purpose, and engages at once to leave the State. But we shall see
nothing of this. Mr. Manuel Pereira, like another John Wilkes, is to
have settled in his person great questions of constitutional liberty.
The posterity which in after times shall read of his voluntary martyrdom
and heroic self-sacrifice in the cause of suffering humanity, must be
somewhat better informed than Mr. Pereira himself; for we observe that
his clerkly skill did not reach the point of enabling him to subscribe
his name to the petition for habeas corpus, which is to figure so
conspicuously in future history, it being more primitively witnessed by
his 'mark.'”
An appeal was taken from this refusal, and carried before the appeal
court, sitting at Columbia, the capital of the State. How was this
treated? Without enlisting common respect, it sustained the opinion
of Judge Withers, who was one of its constituted members. Under such a
state of things, where all the avenues to right and justice were clogged
by a popular will that set itself above law or justice, where is the
unprejudiced mind that will charge improper motives in asking justice of
the highest judicial tribunal in the country.
In the year 1445, a petition was presented, or entered on the rolls of
the British Parliament, from the commons of two neighboring counties,
praying the abatement of a nuisance which promised fearful interruptions
to the peace and quiet of their hamlets, in consequence of the number of
attorneys having increased from eight to twenty-four, setting forth that
attorneys were dangerous to the peace and happiness of a community, and
praying that there should be no more than six attorneys for each county.
The king granted the petition, adding a clause which left it subject
to the approval of the judges. Time works mighty contrasts. If those
peaceable old commoners could have seen a picture of the nineteenth
century, with its judiciary dotted upon the surface, they would
certainly have put the world down as a very unhappy place. The people
of Charleston might now inquire why they have so much law and so little
justice?
CHAPTER XXVIII. THE CAPTAIN'S DEPARTURE AND MANUEL'S RELEASE.
Public-domain text, read in full here on John Shaqi.
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