The Sun.
London, England, 1842-01-19 00:00:00

E VENING SUN

UNITED STA TES AND THE

SLAVE TRADE.

TWENTY-SEVENTH CONGRESS—SECOND
SESSION.—SENATE.
CASE OF THE FORMOSA AND CREOLE.
WEDNESDAY, DEC. 22.—Mr. Barrow said be had
a memorial entrusted to his charge, from an Insurance
Company of New Orleans, which, from its importance,
he trusted, would excuse his trespassing for a few mo-
ments on the time of the Senate, while be briefly reca-
pitulated its contents. The memorial states that during
the past year, a vessel sailed from Richmond to
New Orleans. That the memorialists insured thirty-
eight slaves, which were on board that vessel, ugainst
capture or seizure by the British Government.
That the vessel was wrecked, and a wrecking
vessel took off the captain, crew, and slaves, and
carried them to Nassau, in the Island of New
Providence. That while the vessel was moored in
the harbour, without having touched the wharf, she
was boarded by persons in the dress of British sol-
diers, who carried the slaves to Nassau, where
after some show of official proceedings, the slaves
were liberated from the custody of their owners.
These slaves belonged to a gentleman of Richmond,
of the name of Tempieman, who was moving to the
South, and when he learned their fate he abandoned
them, and applied to the insurers for indemnifica-
tion. One Company paid the demand ; but the
other contested it—for there were two Companies,
who had taken this: most extraordinary risk against
the capture of American property in an American
vessel, in a time of peace, by the authorities of a
nation professing to hold friendly relations with us. He
moved the reference of the subject to the Committee
on Foreign Relations, as he considered that the ap-
propriate reference, inasmuch as in his opinion it was a
matter upon the proper adjustment of which was in-
volved the question of peace or war.
Mr. CALHOUN said he seconded the motion. This
was the case of the Creole, he presumed.
Mr. 13aaeow—No, the Formosa, which occurred
several months Abe e
Mr. CALHOUN said ho had been under the im-
pression that it was the case of the Creole. Many
years since be had called the attention of the Senate
and the country to this subject, and brought forth
resolutions based on the laws of nations, which re-
ceived the almost unanimous assent of the Senate.
The Senate would recollect the case of the Enter-
prise, which was the cause of the resolutions he
had referred to. But he regarded the case of the
Creole as the most threatening that had ever come
ifs contestation between the two Governments. He
considered it most remarkable, that, while the
hoardings and detentions of our vessels on the
coast of Africa, the border troubles on the North-
eastern frontier, and other matters of much less import-
ance, have received the attention of our Government,
this case has been entirely overlooked. It is high time
that this question was settled, and that the South should
understand whether their property should be protected
from spoliation or cot.
Mr. KING asked that the memorial might be read,
and it was read accordingly. He then said he had long
foreseen that claims for indemnity for property of South-
ern citizens seized by British authorities, would lead to
serious difficulties between the two Governments. This
matter had been progressing for years, and the attempt
made to arrest it by the resolutions of the Senator from
South Caroliaa had been ineffectual. He foresaw with
regret that it would lead to consequences deplorable to
humanity. As far as he was acquainted with the sub-
ject, Great Britain utterly refuses indemnity for the
property of our citizens taken from them by persons
clothed with her official authority, and in a recent case
she has even gone so far as to countenance and encou-
rage mutiny and murder. They had sheltered and pro-
tected the mutineers, and carried them to another and
distant island to render their recovery the more imprac-
ticable. It was to this subject he had alluded yester-
day, when he replied to the remarks of the Senator from
North Carolina (Mr. Mangum), who anticipated no
serious consequences would arise from the difficulties
between us and Great Britain. It was the lawless at-
tempts:of that country, in her ambitious graspings at
universal domination, which would render war inevit-
able unless she retraces her steps, and does what is just
between nation and nation. Ile hoped that the memo- I
rial would he prietel and referred to the Committee on
Foreign Relations, and that they would investigate the
matter, and ace what has been done; and what ought to
be Clone.
Mr. PRESTON said that in the absence of the Chair-
man of the Committee on Foreign Relations (Mr.
Rives), he would but express the opinion that the sub-
ject would receive all the attention its great importance
demanded. He referred to the correspondence between
the British Government and the lamented and distin-
guished late Secretary of State (Mr. Forsyth), and said
that this question could hardly be a cause of difference
between the two nations. The law of nations was clear
and imperative on the questions in dispute between the
two nations, and he thought that Great Britain would
hardly come in conflict with this Government on such
an untenable position. The administration of that Go-
vernment was now in the hands of as enlightened and
liberal-minded a statesman as ever guided the destinies
of that great nation. He would express the opinion,
that notwithstanding what had fallen from the very dis-
tinguished gentleman (Mr. Rives) yesterday, much
more conversant with such subjects than he was, there
were no difficulties between the two Governments which
rendered the interruption of amicable relations probable.
Mr. RIVES (who had entered the Chamber during
the remarks of Mr. Preston) said he would only say
one word. He understood the memorial was for in-
demnity for slaves liberated by British authorities.
Many similar cases hail arisen during the last two years,
which still remained unsatisfied. It was the character
of the questions between the two Governments which
rendered their relations eminently precarious, and which,
in his opinion, made it a matter of the most imperious
necessity to place our country in a state of defence.
This was made the more necessary by the pertinacious
refusal of Great Britain to do justice, and the difficulty
was made the more serious by the occurrence of a re-
cent case, in which insurrection was openly encouraged.
It was impossible to look at all these circumstances and
not feel admonished of the propriety and necessity of
making all timely and proper preparations for defence.
Mr. CALHOUN said he did not rise to participate in
this debate, but to express his regret that so much
was said in our discussions about peace and war
with Great Britain. Other gentlemen had expressed
their views, and he would succinctly submit his. It was,
tl,at if the proper course of conduct was pursued by
this Government, there would be no war. The L.vo
nations were so lar4ely engaged in commercial inter-
course, and there was such a vast amount of interests
at stake, that there was a large peace party in both
couutrics. If there was a war, it would be caused by
the want of a prudent foresight on the part of this
country to prepare for it. The tirst and most important
step of preparation was a reform in the administration
of the pecuniary atTa rs of the Government. For what
did they hear trorn Gentlemen from every side of the
Chamber? That we were less prepared for hostili-
ties now, than we were at the commencement of
the last war. lie did not believe this ; but ad-
mitted that we were deeply embarrassed in our
financial atriiy. "Phis he attributed to the loose-
roes introduce.' into our financial relations by the
surplus arising from the tariff* of IS2B—a system
which it appeared woo again to be forced upon us;
for he considered the report of the Secretary of
the Treasury, as ono of the most thorough tariff docu•
merits that had ever emanated from the Department.
Ile concurred with the Senator from Virginia (Mr.
Rives) its to the flagrant character of the case of the
Creole. lie had a full statement of it, which had been
forwarded to him by a gentleman of New Orleans, cer-
titiel by affidavits, and he had also the British account
of the transaction, and, upon a full examination of the
testimony on both sides, ho considered it one of the
most atrocious and insulting outrages every perpetrated
by one civilized Government upon another. He consi-
dered it a case of naked piracy ; and our Go-
vernment, as soon: as the official report was re-
ceived, should demand the pirates for punish
ment. It was stated in the testimony received by him,
which was verified under oath, that when the Creole.
arrived at Nassau, she was boarded by a British officer,
who, after he had heard the detail of the atrocities from
the negroes, said to them, " You are fools ; you should
have killed all the whites, and then there would have
been no evidence." He trusted that this Government
would be true to itself, and prompt and ample repara-
tion demanded, and if Great Britain refused to do us
justice, he looked to every man who had an American
heart, to raise his voice and his arm against such tyran-
nical insolence and oppression.
Mr. BARROW said, his object in presenting this me-
nwrial," and moving its reference to the Committee on
Foreign Relations, was not that his constituents should
be compelled to wait for redress upon the tardy move-
ments of negotiators. The matter had become the
subject of negotiation over since 1830. His object
was, that Congress should act, and set forth to the
country and the world the principles of international
Jaw which were recognised by this country, and would
be maintained by her at all hazards. lie wished to
trust this matter to other agents than the Executive
and hits Secretary, and the Secretary of the British
• Queen. The property of the South is unsafe, and it is
to be subjected to the plundering propensities of British
officials ; they would be compelled to fit out armaments,
and destroy Nassau and other nests of incendiaries ad-
jaqent teeeur coast.
Mr. RIVERS said, the Senate had alteady acted in
the manner indicated by the Senator from Louisiana,
and, at the instance of.the Senator from South Carolina
(Mr. Calhoun) had, by a unanimous vote,
interna-
tional passed a
series of resolutions, embodying their views of
law. If it was the desire of the Senator from
Louisiana that these principles should be re-asserted
and re-affirmed, he was perfectly willing that such a
course should be adopted, and was prepared to go the
whole length.
The Memorial was then referred to the "Committee
on Foreign Relations.

SPIRIT of the PUBLIC JOURNALS.

FROM THE EVENING PAPERS OF YESTERDAY,
G L BE.—Lord de Grey has rendered matter of
certainty that which some were hitherto so sceptical as
to doubt. Perhaps his Lordship was ignorant of his
own weakness—of his utter impotency'.to resist temp..
tation, when party objects invited him to compromise
his own personal reputation, the character of the
Government he has been called to administer, and
(what is of infinitely higher moment) the honour
' of the Crown and the provisions of the Constitution,
which prohibit the Crown from becoming a party to,
or interfering with, the election of the representatives
of the People. By open, flagrant violation of these,
the Lord Lieutenant of Ireland—the person to whom
the Sovereign has delegated the high honour, con-
, joined with correspondent responsibilities, of her
Viceroy, has shown himself unworthy of the con-
fidence
with h
reposedte in his discretion. By directly inter-
fering pending election for the City of
Dublin, Lord De Grey has proclaimed his unfit-
ness for the high office to which he has been raised.
He has merged that office in the partizan ; and by be-
coming the tool of a faction, bas identified his Sovereign
with that faction. So far as lay in his power, he has en-
dangered the integrity of the empire, by creating dis-
gust towards his rule, and want of confidence in the
laws while administered in his name, as the represen-
tative of the Sovereign, in the country to which be has
been sent with delegated dignity and authority.
STANDARD.—The King of Prussia brings with
him a recommendation which all mankind civilised and
savage, recognise and honour—he is hospitable—the
friend of the human race. The country which he go-
verns, in a spirit truly paternal, is the asylum for
the oppressed and virtuous of the whole world ;
good men, therefore, everywhere, owe him a
debt —he is their patron and protector a
debt as obligatory upon the good men who happily
do not stand in need of his support, as upon those
who do. Beyond this, the King of Prussia is, in
a particular manner, the protector of oppressed
Protestants, as he has gloriously shown in his
treatment of the Zillerthall exiles. As such he
has, next after our own Queen, the highest claim
upon the veneration and gratitude of British
Protestants. In his illustrious house, indeed, the
championship of the Protestant cause has been he-
reditary ; and we trust we are not, in our grateful
sense of such championship, degenerated from our
fathers, who, nearly a century ago, held the Pro.
testant King of Prussia of their time in esteem the
second of the Princes of Europe, their own Sove-
reign being the first. The present King of Prussia
holds on the Continent of Europe the place which
his ancestor held in the last century, which Gustavus
Adolphus held the century before ; and we are bound
to honour him as their successor. His Majesty
has not, indeed, been called to manifest his Protest-
ant zeal in arms, but he has displayed it, as we
have seen, in the more Christian warfare which the
time admits of.—in succouring the oppressed Pro-
testants everywhere, in aiding England to extend
the truth of the Gospel, even to the birth-place of
our faith—to the Holy City itself. The highest
compliment that was ever paid to a nation, the
noblest tribute that even proud England ever re-
ceived, was the solicitation of the King of Prussia
to join with her in the establishment of a Protestant .
Bishopric in Jerusalem, and the cession to England of
the first place in the holy work. For this we are
debtors to the King of Prussia to an extent which we
shall not easily discharge. The people of England
will, however, do their best—they will welcome the
benevolent Protestant Prince, as a sense of his
virtues shall prompt—they will honour the Queen's
honoured guest, as they love and honour their Queen.
The manner of testifying our respect, gratitude, and
admiration—or rather the manners, for we hope that
the tribute will be paid in all possible forms—must be
matter of consideration with those who are wiser, and
possess more influence than ourselves.
COURIER.—The living of Elgin, being the first
Crown living that has become vacant since Sir
Robert Peel's accession to office, and the proceed-
ings of the Presbytery in filling it up, as regards
the celebrated Veto Law of the Church, have of
late become subjects of no little curiosity among
our Scottish neighbours ; and on Friday last the
problem was solved. An opinion from the Lord
Advocate and Solicitor-General was laid before the
Presbytery, that to proceed in giving effect to the pro-
visions of the Veto would be to proceed illegally ; and,
accordingly,the Presbytery have directed the induction of
Mr. Wylie to take place, as if no such law of the Church
existed. This is the offence for which the Presbytery of
Strathbogie was suspended and deposed. We shall see
how the dominant faction in the Kirk will behave on
this contempt of ecclesiastical authority offered under
sanction of the Crown itself, and where Government is
clearly pledged to protect the spiritual parties guilty of
it. Surely an Extraordinary Commission will forthwith
be called.

WHOLESALE EJECTION of PRES-

.. __
BYTERIAN TENANTRY in IRELAND.
(FROM A CORRESPONDENT.)
The following statement is submitted to the generous
consideration of the English public, and, in a more
particular manner, to the members of the affluent Com-
pany of Ironmongers of London and those confederated
with them, whose Irish estate is at the present moment
the scene of the following proceeding—with the hope
that their humane feelings, as landlords, will cause them
to arrest the system of depopulation with which the
most independent and industrious of their tenantry is
threatened :

It appears that the large and valuable estate, called
the manor of Lizard, situated in the county of Derry,
within a short distance of Coleraine, had been leased to
the Beresford family by this Company, to whom it has
just reverted, on the decease of the late Bishop of
Meath, the last surviving life. The Company ac-
cordingly appointed a gentleman, who had been
a merchant, and a native of the City of London,
with full power to act as their agent, and introduce such
reforms on the estate as might be deemed necessary.
These have been as yet stated to consist of two vital
measures, and some others of less importance, unneces.-
sary here to notice. First, an expressed determination
on the part of the Company not to grant leases, which
reduces the tenantry to a state of serfdom ; and, se-
condly, that the farms shall be greatly increased in size.
To accomplish these ends, sixty ejectments have been
served upon the most independent and responsible of
the small holders the very day or two before the
present term commenced, and allowing each family
to consist of the moderate number of six indi-
vidual', thus will three hundred and sixty of all
ages be dispossessed, besides others who may be
obliged by the same means to follow. The estate has
a most industrious population, who are engaged in the
manufacture of linen for Coleraine market, and the
cultivation of their little farms affords exercise for the
men when disengaged from their manufacture, while
employment is given to the females of their families in
the preparation and cultivation of flex. The cjcctments
were served on the last days allowed by law, that it
might inconvenience, if not prevent, the poor people
from putting in defences, all solicitors having at the
time gone to attend term to Dublin, which is nearly
120 Irish miles distant.

Almost all or those ejected are Scots Presbyterians,
whose ancestors in 1689, under their minister, the
Rev. A. Boyd, garrisoned the city of Derry during its
memorable. siege, to maintain that British connection
which now threaten's to dispossess their descendants.
It is but justice to the other confederate Com-
panies to state that most of them sincerely regret
joint proprie-
tors, proceeding, and as they are proprie-
tors, may they urge this respectable Com-
pany of Ironmongers to retrace their steps in
this instance. It is not to be expected thai this' latter
Company, or their agent, who are gentlemen perfectly
unaccullbomed, from their business avocations and early
habits of life in this great city, can understand the agri-
cultural concerns of-any ektate, much less one situated
in Ireland ; but it is to be hoped their sound judgments
and kind feelings will ultimately prevail over the crude
and hurtful theories of foolish speculators, or interested
advisers.

LAW- INTELLIGENCE.
COURT OF CIIANCERY. Jan. 18.
IN THE MATTER OF WILKINS, A LUNATIC,
The LORD CHANCELLOR, at the conclusion of the ar-
guments, postponed his judgment.

VICE-CHANCELLORS' COURT, Jan. 18.
(Before Vice-Chancellor BRUcE.)
BURRIDGE V. ROW.
•
In this case Mrs. Burridge is the plaintiff, a daughter
of Mr. Alderman Winchester, and the cause was insti-
tuted for the purpose of claiming, from the assignees of
the bankruptcy of Mr. Alderman Winchester, certain
policies, in which she had a life interest, belonging to
the late Mr. Alderman 'Winchester. The principal facts
of the case will be gathered from the judgment of his
Honour, Mr. Vice-Chancellor Bruce.
Mr. Cooper appeared for the assignees of the estate
of Mr. Alderman Winchester ; Mr. Rogers for the trus-
tees; and Messrs. Russell and Simpkinson for the plaintiff.
The arguments in the cause occupied several hours,
and, on their conclusion,
His HONOUR said—From whatever motive Mr. Al-
derman Winchester paid these premiums, if they were
not paid by means of any contract with the trustees,
and for Mr. Burridge or his wife, the conse-
quence of this payment would be the accession of the
property in the policies, but by which Mr. Alderman
Winchester acquired no right iu the bond, possible or
probable, for re-payment with or without interest, with or
without a lien for them. Nothing has been stated to
me which has had the effect of persuading my mind
that there ever was a contract with the trustees or Mrs.
Burridge. The mere fact of makirfg the pay-
ment, however nr,:essary for protection to the property,
would give the party making that payment no title to the
property. lam aware of no authority or principle in sup-
port of such a proposition. I must therefore hold that
Mrs. Burridge's life interest in the policy fund exists
in her, not affected to any extent by what has
been done, .except there should be any dispute
as to. whether Mr. Alderman Winchester had been
fully repaid by the detention of Mrs. Burridge's
income, which he was liable to pay, or otherwise ; then