The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-13

tain, seeing from the frmness of this country, that
there must be trouble Of some kind, is afraid to
meet US on the Boundary ueston and, therefore,
endeavors 10 have all the difficulties and (if il must
come) war at last arise ont of the Save Trade; be-
cause she thinks that the latter subject this coun-
try is divided. Should she, however, drive to
extremities, her government will find that il has
-eckoned This time without Its host
AS we were the first to forward Lord Aberdecn's
decision in the Creole case, to Washington, VIC
shall wait and the effect OF that upon Con-
gress. In the mean time, we call attention TO the
following article this subject from the London
Times" which embsdies the views Of the govern
ment, and nearly all the British press on the sub
icct;-
From the London Times]
England and America.
We have always been perfectly aware that in most
quarrels there are some right and some wrong on
both sides of the question: much honest misunder.
standing, and wholly unconscious prejudice In
deed. we never astonished to find the same view
of facts assumed in the most frank and undoubting
way by one party as an axiomatic truth beyond the
reach ct question or argument-by the ether as a
palpable and known absurdi,y. And, accordingly,
as such prejudces undoubtedly exist, and as il is
very difficult for any man TO Judge accurately how
far he is himself under their dominion. we are apt,
in our caDdor, very much to disrust our own first
impressions Of our adversares' arguments or OPT
MONS Things do look very different from opposite
points Of view; and, therefore, as we have before
observed we are much inclined to suspend our judy
ment for some short time, when we find ourselves
in unexpected collision with any incomprehens bly,
startling statement of an adversary's opinion. One
rather hesitates to pronounce that palpaby absurd
which men, enjoying the reputation not only Of
sanity but intelligence renounce with the most per-
feet apparent confidence in thelropinions.
Never did this difficulty OF ours cause us greater
perplexy than In reading certain opinions delivered
hv men nj
the affair Of the brig Creole matter on which we
made some observations in our paper OF Friday last
We were unwilling to suppose the speakers in Con-
gress to be under any actual prvaton OF reason. yet
II seemed inevitable that either they or ourselves
were labsrng under the most strange and entire
hallucnation on principles, considered by both
NEST obvious, of natural and political equity. We
ran over the grounds of our own conclusions, and
found nothing to repent OF; and 80 can only beg
again the candid judgment of our readers on the
startling opinions which we have fallen upon.
The Creole, II will be remembered, was carrying
slaves from Richmond 10 New Orleans some of
them mutined, murdered a passenger, seized the
ship, and ran it into an English harbor The Eng
lish governor examined the case, seized all the
cened 10 the murder aud piracy, but profeesed his
inability to interfere with the movements of the
rest, who accordingly landed, and most Of them
started forthwith for Jamaica.
On this state of things two points arise between
ourselves and America. First, what is TO become
of the negroes who are so detained! The Amer.
consul Claimed mat tiey SnOulQ De sent 10 the
United States, which, for the moment, was re-
fused and they remain a. yet in British custody
On this point we expressed no opinion But furher,
not only the American newspapers, but men Of con
alteration, speaking In Congress, proceed TO de-
mand compe nsaiion fol the slaves who have taken
themselves off to Jamaica or elsewhere.
The firs, points not very easily disposed Of Sc
e,sl unsettled 1o S,v are involved
certainly by the municipal Jaw Of America and
England an act Of piracy-a murder on the high
seas But is II. with the attendant seizure Of their
vessel, within the definition OF piracy, as given by
the law OF nations Iii. be, It's cognable in any
country in which the pirates may thereafter fad
themselves; II IS crime against nations, punlsha-
bic by any and in tina, case our government, int
whose hands circumstances have thrown the MALE
factors should be at liberty to execute justice on
them according TO English law without interference
from America or any other authority. There il 4
wrllknown JUDGMENT OF Sir Leone Jenkins to
this effect, which We believe is stlll held to be q
good precedent both here and in America II il
certainly quoted as authority by American juris,s,
and we apprehend il would not be disputed.
But, surprising this Is not the case let it be deci-
ded that these slaves are not strictly pirates bat
only mgrderers of an American citizen in an Amer
can vessel, and punishable by American author
ties emily; III: sole QUESTION watch then arises is
are we bound to secure and give up these lug
tive crimineis'' when claimed by Americal BY
treaty entered into in the year 1875 we were bounc
TO do so, bu. that treaty has been allowed TO ex
pire. Failing this, how stands the matter by the
common law OF nitiorsl Now, here the hiehes
authorities pronounce the opinion which we Ger
tainly should ourselves wish TO prevail, viz: tina
CRIMINALS may be ., claimed as OF right Ii
America, Chancellor Kent acted on this view OF tn,
case and III the case ot Washbourn, did give VI
a criminal claimed by the Canadian authorities
But,he Question is very far from being beyond dis
puse The contrary opinion has equally recevet
the sanction of judicial authority In the American
courts. Cne OF their standard writers, Judge Story
after enuneratlng the authorizes on each side O.
the question, leaves the matter undecided: anC
another pronounces the following very distinc
opinion
No sovereign state is bound, unless by com
pact 10 deliver up persons, whether its own sub
Jecis or foreigners, charged with sr convicted Of
crimes committed IN another country ON the A. ND
OF oreIgn state, or its officers of Justice Tn,
tradition OF persons charged with or csuyioted q
criminal oeaces affecting the general pcacc and AZ
curly Of social society is however, voluntarlv
tsed BY certain states as matter of reneral con 70
niense and comfy Jheatoa's International L,rr
160.
Tue frs; point, then, may be considered as nvo
we'd IN some uncertainty. Nor - II yet clear wha
will be The course adopted by The British govern
ment when the delivery OF the criminals ia formal
demanded BY the United States.
Not so however, the second guests at issue O
which we have pronounced opinion with yer
httlc hesitsuon. We showed, on the authority ,
the above mentioned American Judge Stsry, VIII.
rs, indeed, evident enough in mere reason tn,
there was no clearer principle Of International La
thaa that the laws OF ono nation had no prc,ence
authority ~ the territory OF another, beyond viii
that other, by its own private customs or enac
msnts, choose 10 give them. The rights Of an Am
rlcan master over MS slave rest slmpy On AMerlcs
law. Inc Eaglish law now IN force IN the harbor
Nassau, distinctly announces that wilma Ills spher
twill recognise no such rights, and authorIse no
IN support OF them To claim that the English a,
thorites shall detaia Tor suffer for not dc,anins)
slave as slave, IS therefore TO claim that Amerlca
Law shall override most positive and d .tlnct Ensl!.
snactments Ia Enslsii terTiory And such an a
sumption was shown 10 be most unequi yocaliy CO.
demned BY ne distinguished American urst who
we have cited.
sent seems pretty much this Ia the matter Of COZ