The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-02-24
MR.. WEBSTER TO MIR. EVERETT.
DEPARTMENT OF STATE,
January 29th, 1912,

SIR; regret to be obliged to acquant you with
very serious occurrence, which recently took place
in port OF one of the Bahama islands.
1t appears that the brig Creole" of Richmond
Virginia, nsor, MASTER bound to New Orleans, sailed
from Hampton Roads on the 9th Of October last
with cargo of merchandise, principally tobacco,
and slaves, (about 1876 in number j that the even
ing of the It'll of November some of the slaves
upon the of the vessel, murdered passenger,
named Hewell, who owned some of the negroes,
wounded the Captain dangerously, and the first mate
and two of the severely; that the slaves soon
obtained complete possession of the brig, which, I'M
der their direction, taken into the port OF as
sau, In the island Of New Providence where she ar
rived on the morning of the 9th of the same month
that at the request of the American Consul in that
place the Governor ordered guard board to pre-
vent the escape of the mutineers and with view to
an investigation Of the circumstances Of the case
that such investigation accordingly made by two
British magistrates and that examination also took
place by the Consul that the report of the magis-
trates nineteen of the slaves were imprisoned by the
local authorities having been concerned in the
tiny and murder, and their surrender to the Consul
to be sent to the United States for trial of these
crimes, refused, the ground that the Governor
wished FIRST to communicate with the Government in
England on the subject that through the interfer-
ence of the Colonial authorities and before the
military guard was removed, the greater number q
the remaining slaves liberated, and encouraged
to go beyond the power of the master of the vessel
the American Consul, by proceedings which neither
of them could control This is the substance of the
case, as stated In two protests one made at Nassau
and one at New Orleans, and the Consul's letters,
together with sundry dispositions taken by him. copies
OF all which papers are herewith transmitted.
The British Government cannot but see that this
case, as presented in these papers, calling loud
ly for redress. The Creole was passing from one
port of the United States to another in voyage per-
tectly lawful, with merchandise on board and also
with slaves, persons bound to service natives Of
America, and belonging to American citizens, and
which are recognised property by the Constitution
of the United States in those Sta in which slavery
exists. In the Of the voyage of the slaves
rose upon the master and crew, subdued them, MUIR
dered one man, and caused the vessel to be carried
to Nassau. The vessel was thus taken to British
port not voluntarily, by those who had the lawful au
thory over her. but orcby and violently, against the
masters WILL and with the consent of nobody but the
muaineers and murderers for there is evidence
that these ourages committed with the concur
renee OF any OF the slaves, except those actually en-
gagged in them Under these circumstances, it would
seem to have been the plain and obvious duty of the
authorities at Nassau the port of friendly Power to
assist the American consul in putting an end to the
captivity OF the master and crew. restoring to them the
control of the vessel, and enabling them to resume
their voyage, and to take the mutneers and murder
ers to Their own country to for their crimes be
fore the proper tribunal. One cannot conceive how
any other course could Justly be adopted, how the
duties imposed by that part Of the code regulating the
intercourse of friendly States which is generally CALI
ed the comfy of Nations could otherwise be fulfilled
Here was no violation of British law attempted in
tended on the part of the master Of the Creole nor
any infringement ofihe principles of the law of nations
The vessel was lawfully engaged in passing from port
port, in the United States. By violence and crime
she was carried against the masters will out of her
course. into the port of friendly Power. All was the
result of force.
Certainly, ordinary comfy and hospitality entitled
tho ties of
place as should enable him to resume and prosecute
his voyage, and bring the offenders to justice. But,
instead Of this if the facts be represented in these
papers, not only did the authorities give no aid for
any such purpose, but they did actually interfere to
set tree the slaves, and to enable them to dsperse
themselves beyond the reach of the master OF the
vessel or their owners. proceeding like this can
not but cause deep feeling in the United States. 1t
mas been my purpose to write you at length on this
subject in order that you might lay before the Go
yernment of Her Majesty fully, and without reserve,
the views entertained upon by that of the United
States, and the grounds on which those views are
taken But the early return of the packet precludes
the opportunity of going thus into the in this de-
spatch and as Lord Ashburton may shortly be ex-
pected here, it may be better to enter fully into it
with him, If his powers shall be broad enough t.
embrace it. Some knowledge of the will have
reached England before his departure, and very pro-
badly his Government may have given him instruc-
tlons But | request nevertheless, that you lose no
general manner, and giving him a narrative of the
transaction, such as may be framed from the papers
now communicated, with distinct declaration that
the facts turn out stated this Government thinks
it clear for Naturalization.
You will see that in his letter of the 7th January,
1887 to Mr.. Stevenson, respecting the claim for
pensation in the cases of the Z" Comet" I" Encom-
um,' and " Enterprise" Lord Palmerston says that,
H. Ms Government is of opinion that the rule by
which these claims should be decided is, that those
claimants must be considered entitled to compensation
who were lawfully in possession of their slaves with
in the British territory, and who were disturbed in
their legal possession of those slaves by fnctonaries
of the British Government" This admission is
broad enough to cover the of the Creole if its
circumstances are correctly stated But it does not
extend to what consider the true doctrine, accord
ing to the laws and usages of nations and therefore,
cannot be acquiesced in the exactly correct gene
raj rule 1t appears to this Government that not
y is no unfriendly interference by the local auhor-
ties to be allowed but that aid and should be
extended in these in other which may arise,
affecting the interests of citizens of friendly States
We know ground on which it is just to say that
these colored people had come within and were with
in British territory, in such that the laws.of
England affecting and regulating the conditions of
persons could properly act upon them. As has been
already said they were not there voluntarily no hui
man beng belonging to the vessel within British
territory of his own accord, except the mutineers
There being no importation, nor intent of mporta-
ton, what right had the British authorities to inquire
into the cargo of the vessel the condition of per-
sons on board These persons might be slaves for
life; they might be slaves for term of years, under
system of apprenticeship; they might be bound to
service by their own voluntary act they might be in
confinement for crimes committed; they might be pri-
soners of war; or they might be free How could
the British authorities look into and decide any of
these questions Or indeed, what duty power,
according to the principles of national intercourse,
bad they to inquire at all If, indeed, without
friendly interference, and Notwithstanding he fulfil
ment of all their duties of comfy and assistance, by
these authorities the master of the vessel could
retain the persons nor prevent their escape, then it
would be different question altogether, whether
could be had TO British tribunals the power of
the Government in any of its branches, to compel
their apprehension and restoration No com
plains that English law shall decide the condition of