Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-21
DOMESTIC.
THE CREOLE CASE


To the Editors of the Compiler:
Gentlemen: have received your hole' gu afs
obt in that the the Creole, mentioned
10 vonr naner of to-day is unlike that OF the 4mtstad
The ninth article Of the treaty between TIE ehea
States and Spcin, provides "iiat all ships aud me-.
ehandize Of what nature soeye when snail De rescued
out of the hands of any pirates OF sebbeTs on Tue e
seas shall be brought into port OF etbeI Sta'e ana
sha be delivered to the custody Of the officers OF tha
port in order to be taken care Of and restored ehtre
the true proprietor due ana sufficient PROOF
shall be made concerning the property thereof was
on this article that the feiiaace was pacec IN Tue
case of the 3mstad for the restitution OF The negroes
10 Ruiz and -u0nte=, the asserted proprie:ois 70,
bring the within the article was essential 10 es
tablsh that the negroes fell within the description oil
,scrcha ndze in the sense of the treaty, and that Rat
and sfonte- were the true pFopretors. But Tie Su-
prene Cocrt of the United States considered that the
5sensg eslaS al the ttiis i i4@lllly
held slaves under the laws Of Spain and recognized
by those laws property capable OF being lawfully
bought and sold there was reason why they might
no, Justly be deemed within tine intent Of the treaty, to
he included under the denomination OF merchandise
and as such restored; for upon that point the Court
considered that the laws OF Spain would furnish the
proper rule OF interpretations utth ground OF decision
WAS at these negroes never were the !a"iri slaves
al Fgi, or .Hon,e- OF any other Spanish subjects
They were I'm the language OF the Court "nalIves OF
}frica and were kidnapped there aud were un'nwiuy
TRANSPORTED to Cu6a, violation oil the laws ana urea
ties of Spaa and the most ccemn edcts and declaa-
and edics the African slave trade is utterly 2hoised
tne dealing in that trade is deemed heinons CRIME;
and the negroes thereby introduced into the commons
oil Spain declared 10 be tree Rni- and .Hontr- are
proved have made the pretended purchase oil these
negroes with full knowledge Of all the circumstances
Considering these negroes not as slaves, but sdnaP
ped Africans, who By the laws OF Spain itself are emit
lied TO their freedom, The Supreme Court could not
40 otherwise than declare them free and hold that the
Spanish treaty nteposed obstacle IL The Just asscr
ton Of their rights.
There is nothing then iosupport the idea that though
lie NEGROES on board the Creole were at the time law
fully held slaves under the laws of the Tinted States
and recognized b. those laws property capable o be-
ing lawfully honrht and sold, the authorities at Near
Precedence gould be justified BY the decision in the
nj the 7mistGd in refusing 10 restore the negroes to
their owners On the contrary the opinion in the case
oil The .7m1stad far j: 10 applicable is the other
way.
But there is real difficulty arising Of the opinions
of the Governmes, aud the decisions OF the courts. Of
treat Britain. To show the principle acted on IN the
courts of that country Will state one Of the adjudged
cases:
During the last war, between Great Britain and the
United States Admiral CochraRe was COMMANDMENTS
Chief of the British ships vessels on the American
coast and Sir George CoEburn was the second IN com
mand. The British forces had taken possession o.
CumJeriand island, aud occupied and garrsoned the
same The albion, Terror BomJ. and other ships OF
,var formed squadron under Sir Sir George CoekLurn
.mneGat. command oft that island, where the head
quarters ~! The expedition were At that time East ana
Nest Florida part of the domlnons OF the HING oil
spain, and Spain Gas in amfty with Grant Britain John
FORBES British aerchant Florida, where he had
carried on trade for great many years tic was prnc
pllly resident at Pensacola, but was the proprietor oil
cotton plantation called San Pabo lying contiguous to
The river ST. Johns East Forida and Of about 90 negro
slaves whom he had purchased, and who were employ
ed by him upon his plantation In the night OF the 23d
at February, 1915 number OF Forbts slaves deserted
from his plantation and on the following day 80 OF them
hnnrl ,ha n,ph anHa
her books refugees from 81. iohns. Forbes had an
inierrew with Sir George G0ck6arn and claimed OF HIM
the then board the Terror Bomb his property
Sir George Cocburn told him he might see his slaves and
any arguments and persuasons he chose to induce
them TO return Forbes accordngy endeayored 10 per-
suade them 60 back TO his plantation, and restraint
put upon them, but they refused to 60 Forbes then
urged his claim very strongly to Sir George Coekbarn,
and said he get redress he did not succeed in pre-
vailing upon him TO order thel back again, but Sir
George Coekbuvn said he conld not do this they
free agents. and might do they pleased and he could
force them back. Sir George Coeh6rn afterwards
wrote to Admiral Cochranc concerning them, and, III
reply he directed them 10 be put on board ship going
o Bermuda, saying, he would take care TO have them
Guarded SO as To be for,hcoming should his Govern
nsnt decide that they TO he returned TO East fto
Tida. in the mean ,me they had been vctualled, and
.;nbssted with Sir George C0ck6urRS knowledge OH
board the Terror Bomb After the receipt of the letter
from Admiral Cocarane Intelligence having been re.
,eved of peace between Great Britain and me lnaea
States Sir George Cofkdurn sailed in the ition, with
the slaves on board, Tor Bermuda ga British colony $40
miles East Fosda any other land where slavery
is acknowledged" The slaves were transferred BY Sir
George Corkburn orders from the 3Jion to another ship
al Rsrmuda and after being board that ship about l2
months were landed the Island and many othem en-
ooyed in the Kings dockyard there The slaves were
worth 70 Forbes sS3SO0. And to recover his damages
he brought action in the court OF h'ngs Bench ID
Y.ofand. against Admiral Cochrans and Sir George
Coehbura One count charged the defendants with
sn,;cnr the slaves away. Another stated that they
.eii his plantation and went to the defendants and
sisy. knowing them TO be slaves or servants OF
.'e pia;o,f, wrongiuly received them into their
.ns,odv. and harborsd, detained and kept them from
his service. And the third for wronginily har-
noring, OBTAINING and keeping them after notice 10
the defendants that Tie slaves were the pa'nth Pro