The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-26
The Creole Case.



Mr. WEBSTER TO Mn. EVERETT.
The following letter was transmitted to the Sc
nate by the President, in answer to a resolution
calling for information in relation to the action
taken by this Government in the Creole case -
DEPARTMENT OF STATE, Jan. %, 1872
EDWARD EVERETT, Esq, &c &c.
SIR-I regret to be Obliged to acquaint you with
a very serious occurrence which recently took
place in a port Of one Of the Bahama Islands.
1t appears that the brig " Cresle," OF Richmond,
Virginia, lnsor, master, bound to New Orleans,
sailed from Hampton Roads on the 9th Of October
last, with cargo Of merchandise, principally to-
baccs, and slaves, (about lS5 in number j that on
the evening of the 7th Of November, some OF the
slaves rose upon the crew Of the vessel, murdered
apassenger named Howell, who owned some Of the
negroes, wounded the captain dangerously, and the
first mate and two of the crew severely; that the
slaves soon obtained complete p ssesslon of the
brig, which, under their direction, was taken into
the port Of Nassau, In the island of New Provi-
deRce, where she arrived on the morning of the
9;h Of the same month that at the request OF the
American Consul in that place, the Governor or
dercd a guard on board to prevent the escape Of
the muiineers, and with view to an investigation
ofthe circumstances of the case that such inves-
tigation was accordingly made BY two British ma
sistrates, and that an examination also took place
by the Consul that on the report of the magis-
trstes, nineteen Of the slaves were imprisoned by
the local authorities as having been concerned IN
the mutiny and murder, and their surrender to the
Consul to be sent to the United States for trial for
these crimes, was refused Ion the ground that the
Governor wished first to communicate with the
Government in England on the subject; that
through the interference Of The Colonial authori.
ties, and even before the military guard was re-
moved, the greater number Of the remaining slaves
were liberated, and encouraged to go beyond the
power Of the master of the vessel or the American
Consul, by proceedings which neither Of them
could control. This is the substance of the case,
as stated in two protests, enc made at Nassau and
Oua af Novu nr1n onA he c,,lbs tafta tn-
gether with sundry dispositions taken by him,
copies OF all which papers are herewith transmit
The British Government canr OF but see that this
case, a. presented in these papers, is calling
loudly for redress The Creole was passing
from one port Of the United States to another, in
a voyage perfectly lawful, wi merchandise ON
board, and also with slaves, or persons bound to
service, natives OF America, and belong to Ameri-
can cit zens, and which are recognised property
by the Consultation of the United States in those
States In which slavery exists. in the course Of
the voyage some Of the slaves upon the master
and crew, subdued them, murdered one man, and
caused the vessel to be carried into Nassau. The
vessel was thus taken to British port, not voun-
tari!y, by those who had the lawful authority
her, bur forcby and violently, against the masters
will, and with the consent Of nobody but the mutt
neers and murderer for there is NO evidence that
these outrages were committed with the concur
renee of any of the slaves, except those actually
eng ged in them. Under these circums tances, 1t
would seem to have been the plain and obvious
duty Of the authorities at Nassau, the port Of q
friendly power, to assist the American Consul in
putting an end to the captivity of the master and
crew, restoring to them control Of the vessel and
enabling them 10 resume their voyage, and to take
the mutiueers and murderers to their own country
to answer fer their crimes before the proper tribu
nal. 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 called the
e0nnifv nf Nations HnnId OfhePwiae he ful6llAd
Here was NO violation Of Brisish law attempted or
intended the part Of the master Of the Creole
nor any Infringement Of the principles Of the law
of nations. The vessel was lawfully engaged in
passing from port to port in the United ates.
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. Ger
tainly, ordinary comfy and hospitality entitled
place should enable him to resume and prosecute
his voyage and hringthe offenders to justice But,
instead Of this, II the facts be represented in
these papers, not only did the authorities give
aid for any such purpose, but they did actually in
terere to set free the slaves and to enable them tn
dispense themselves eye d the each ofthe mastt1
of the vessel or their owners. A proceeding like
this cannot but cause deep feeling in the United
leasth upon this subject, in order that yeu might
lay before the Government Of Her Majesty fully
and without reserve, the views entertained upon it
by that 81 the United States, and the grounds on
which ln0oo views arc taken cut the carly re-
turn ofths packet preclades the opportunity Of 60
ing thus into tho case in this despatch and Lord
Ashburton may shortly be expected here, il may be
better to enter fully into it with him, his powers
shall be broad enough to embrace IT, Some know
ledge Of the will have reached England before
his departure, and very probably his Government
may have given him Instructions But / r. quest,
nevertheless, that you lose no time in calling Lord
Aberdeens attention to it in general manner, and
giving him a narrative Of the Transaction, such as
may be framed frem the papers now communicated,
with distinct declaration that il the facts turn out
as stated, this Government thinks it clear case for
indemni6catien
You will see that in his letter of the 7th January,
1897, to Mr.. Stevenson. respecting the claim for
compensation in the cases Of the Comet, Enco-
MUM, and Enterprise, Lord Palmerston says that
" Her Majssty's Government is Of opinion that the
rule BY which these claims should be decided, is,
that those claim ants must be considered entitled to
who were lawfully in possession Of
their slaves within the British territory. and who
were disturbed in their legal possession of those
slaves by functionaries Of the British government"
Of the Creole, il its circumstancss are correctly
stated. But it does not extend to what we consi.
Ter the true doctrine, according to the laws and
lsages Of nations; and, therefore, cannot be &C
appears to this government that not only 10
Ieadly interference BY the local authorities to be
allowed, but that aid and should be extended
y these, as in other which may arise, Affect
ng the interests OF citizens Of friendly States.
We know no ground on which 1t is just to say |
hat these colored people had come within, and |
we're within, British territory, in such sense a.
hat the laws Of England affecting and regulating the
conditions OF persons could properly act upon |
hem. As has been already said, they were not |
here voluntarily; no human being belonging to
he vessel was within Brush territory Of his own
ccord, except the mutineers. There being no i'm
'ortatiop, nor intent Of importation, what right
lad the British authorities 10 inquire into the
70 of the vessel, or the condition Of persons on
'oard These persons might be slaves for life
hey might be slaves for term Of years, under
ysten Of apprenticeship; they might be bound to
ervice by their own voluntary act; they might be
n confinement for crimes committed; they might |
10 prisoners Of war; or they might be free How
Gould the British authorities Look into and decide
my Of these questions! Or, indeed, what duty or
'ower, according to the principles Of national in
ercourse, had they TO inquire at all II, indeed.