The Sheriff of
Charleston, in conformity with the law of the State, which has been
in force since 1823, arrested and lodged him in the district jail,
where he was detained until the 26th of May, when, the Clyde being
ready to sail, Roberts was put on board, and sailed the same day.
"On the 9th of June, a writ in trespass, for assault and false
imprisonment, from the Federal Court, was served upon Sheriff Yates,
laying the damage at $4000.
"The Act of 1844, I take it, was intended to prevent all
interference on the part of any power on the face of the earth, with
the execution of this police regulation, which is so essential to
the peace and safety of our community. Had the legislature which
passed it ever dreamed that the sheriff was to be subjected to the
annoyance of being dragged before the Federal Court for doing his
duty under a law of the State, I am sure it would have provided for
his protection. As no such provision has been made for so unexpected
a contingency, I recommend that you so amend this Act of 1844, that
it may meet any case that may arise.
"It is certainly wrong to tolerate this interference with the laws
enacted for the protection of our institution. In the general
distribution of power between the Federal and State Governments, the
right to make their own police regulations was clearly reserved to
the States.
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