The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-24
[OFFICIAL PUBLICATIONS.
CORRESPONDENCE
With British Special Mission.
CASE OF THE CREOLE


Mr.. Webster TO Lord .ishb1tOn.
DEPARTMENT STATE,
Washington, August l, 1912.
MY Loan: The President has learned with much
regret that YOU are not empowered by your Govern
ment 10 enter into formal stipulation for the better
security of vessels of the United States, when meet
ing with disasters in passing between the United
States and the Bahama islands, and driven, by such
disasters into British ports This is subject which
is deemed to be Of great importance, and which can
not, on the present occasion, be overlooked
Your lordshIp is aware that several eases have
occurred within the last few years which have caus
ed much complaint In some OF these cases compen-
saon has been made by the English Government Tor
the interference OF the local authorities with Amer-
vessels having slaves on board, by which nerier-
these slaves set free In other cases. such
compensation has been refused. II appears to the
President to be for the interest OF both countries that
the recurrence of similar cases in future should be
prevented as far as possible.
Your lordship has been acquainted with the case OF
the Creole, vessel carried into the port Of Mas
sau last winter by persons who had risen upon the
wful authority Of the vessel and in the accomplish
ment Of their purpose had committed murder on
person on board.
The opinions which that occurrence gave occasion
for this Government to express in regard to the rights
and duties of friendly and civilized maritime States,
placed by Providence TO each other, were well
considered, and entertained with entire conn
dence. The facts in the particular case Of the Cre-
ole controverted positive and oficious interfe-
renee by the colonial authortie o. set the slaves free
being alleged side, and denied on the other
1t is not my present purpose to discuss this difference
Of opinion to the evidence in the case as 1t at pre-
sent exists because the rights of individuals having
rendered necessary more thorough and Judicial
investigation Of facts and circumstances attending the
transaction, such investigation is understood to be
now in progress, and its result, when known, Will
render more able than at this moment to present
TO the British Government full and accurate view
of the whole But it is my purpose and my du-
ty, to invite your lordshps attention TO the general
subject, and your serious consideration of prac-
teal of giving security TO the coasting trade
of the United States against unlawful annoyance and
interruption along this part Of their shore The Ba-
hama islands approach the coast OF Florida within
few leagues, and, with the coast form long and
narrow channel filed with innumerabe small islands
and banks OF sand and the navigation difficult and
dangerous not only on these accounts but from the vo
ence Of the winds and the variable nature Of the cur
rents. Accidents are Of course frequent, and neces-
sy often Gompes vessels Of the United States In at
tempting to double Cape Florida, TO seek shelter in
the ports OF these islands Along this passage, the
Atlantic States hold intercourse with the States on
the Gulf and the Mississippi, and through the pro-
ducts of the valley Of that river Ca region OF vast eX-
tent and boundless fertility find main outlet to the
sea- in their destination to the markets of the world
No particular ground of complaint exists TO the
treatment which American vessels usually receive in
board but, in cases of that kind, complaints have
been made, already stated, Of oiicous interference
OF the colonial authorities with the vessel for the
! purpose of changing the condition in which these
persons are by the laws OF their own country and OF
setting them flee.
In the Southern States of this Union slavery exists
by the laws of the States and under the guaranty Of
the Constitution of the United States and il has
sted in them from period long anteccdent to the
time when they ceased to be British colonies In this
| ctut of hon sla lao If
ten board coasting vessels, as hands, servants
attending the families of their owners or for the pur-
pose of being carried from port to port For the
curiy of the rights of their citizens, when vessels,
having persons of this description board, dri-
ven by stress OF weather, or carried by unlawful
| force, into British ports, the United States propose
the introduction of no new principle into the law Of
nations They require only faithful and exact OBJ
servance OF he injunctons OF that CODE as under
| stood and practisei in modern times
Your lordship observes that have spoken only of
American vessels driven into British ports by the dis
asters of the seas, or carried IN by unlawful rec
conhne my remarks to these cases. because they are
the common cases, and because they the cases
| viii h the law nations most emphaticalIy exempts
from interference. The maritime law is full of in
stances of the plicaon Of that great and practice Al
rule which declares that that which the clear
suit Of necessity ought to draw after it penalty and
hazard If ship be driven, ty st Of weather,
into prohibited port, or into an open port With pro-
hbted articles board, in neither is any for
TEXTURE incurred. And what may be considered a
still stronger case, it has been decided by eminent
English authority and that decision has recei, Ell gen.
era APP rotation that if vessel be driven by
sity into port STRICTLY blockaded this necessity is
good defence, and exempts her from penalty.
vessel oil the high seas, beyond the distance of a
marine league from the Shore is regarded as part of
the territory of the nation to which she belongs, and
subje ted exclusively, to the jurisdiction of that
ton. If against the will of her master, or owner,
she be driven carried nearer to the land, even
into port those who have, ought to have, control
over her, struggling all the vhc to ketp her upon
the high seas, and so within the exclusive ur.s-
dction of her own Government, what reason or
Justice is there in eating a distinction between
her rights and immunItie<, in a position, thus
the result of absolute necessity and the same
rights and immunities before superior power had
forced her out of her voluntary course;
But my lord, the rule of law, and the comfy and
practice Of nations go much further than these cases
of necessity and allow even TO a merchant vessel
coming into any open port of another country voun-
tariy for the purposes of lawful trade to bring with
her. and keep over her, to very considerable ex-
! tent the jurisdiction and authority of the laws of her
own country, excluding TO, this extent, by conse-
uuence the jurisdiction of the local law A ship,
say the publicsts, though at anchor IN foreign har
Dor preserves its jurisdiction and its laws 1t is nat
ura to consider the vessels of nation parts of its
territory though sea, the State retains its urs-
diction over them and, according to the commonly
received custom, this jurisdiction is preserved over
the vessels even In parts oil inc sea supJect ~ ioi-
eign dominion.
This is the doctrine of the law of nations, clearly
laid down 10y writers of received authority, and en-
trely comfortable, as it is supposed with the prac-
tees of modern nations
IL a murder be committed on board of an Amerl-
can vessel, by of the upon another or upon
passenger, by passenger on one of the crew or
another passenger, while such vessel is lying in port
within the jurisdiction of foreign state sovereign
ty, the offence is cognizable and punishable by the
proper court ofthe United States, in the same man.
ner as if such offence had been committed on board
the vessel on the high seas. The law of England IS
supposed TO be the same