New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-09-14
The Creole Correspondence.

|
l. Mr.. Webster expresses his regret that LORD
Ashbur,on is not empowered to enter into a forrna
stipulation fer the better security of vessels CT the
United States when meeting with disasters in pass
| ing between the United States and the Bahama Is
lands, and driven, by such disasters, into British
ports. He says:
"No particular ground of complaint exists a:
to the treatment which American vessels usual!
receive in these ports, unless they happen TO have
slaves board; but in cases OF that Kind, com
plants have been made, as already stated, of Off
cious interference OF the colonial authorities with
the vessel for the purpose of changing the condi
tion in which these persons are, by The laws o.
their own country, and of setting them free.
Mr.. W. adds that although American vessels
driven in by storms or carried INDY force cases
which the law of nations most emphatcally ex'
empts from interference, yet the comfy and prac.
tce of nations allow even to merchant vessel
coming into any open port Of another sountry vol.
UNFAIRLY, for the purposes of lawful trade, bring
with her, and keep over her, to a very coasidera-
bic extent, the jurisdiction and authority Of the
laws of her own country.
Mr. w. dwells at much length on this point,
and illustrates it by various examples. If murder
be committed in an American vessel In a foreign
port, the offender is liable to the laws of the U.
S. The rights Of property previously existing on
board of vessel, cannot be affected by her arri-
val in the waters of foreign State. Marriages
legally celebrated in one country, will certainly not
have their obligations annihilated, if the parties
should visit country where the ceremony is cele-
brated in another form.
It is admitted that nations have power to pass
certain laws, in opposition to all custom and COM
ity Thus state might declare that all foreign
marriages should be regarded nall and void,
within its .erritory that foreign father, arriving
with an infant son, should no longer have authori-
ty or control over him; that, the arrival of a
foreign vessel in its ports, all shipping articles and
all indentures of apprenticeship between her crew
and her owners or masters, should cease to be
binding. But, until she does SO, the general law
CT nations and of custom is to be adhered to. The
usual mode of stating the rule of English law is,
that no sooner does slave reach the shore OF
England than he is free. This does not mean,
however that English authorities, with this rule OF
English law in their hands, may enter where the
jurisdiction Of another nation is acknowledged to
exist and there destroy rights, obligations, and in
tercsts, lawfully existing under the authority of
such ether nation. The British Parliament might
pass such law, or any other harsh or unreason-
able one, but until they do it is presumed that the
customs of other civilized nations will govern her
trans actions
E Mr. Webster final claim is as follows:
Vessels of the United States, driven by neces'
sty into British ports and staying there no longer
than such necessity exists, violating no law, nor
having intent to violate any law, will claim, and
there will be claimed for them, protection and sc
curity, freedom from mocstation, and from all
interference with the character or condition OF
persons or things on board. In the opinion OF
the Government of the United States, such YES
sells. so driven and SO detained by necessity in
friendly port ought to be regarded as still pursu-
ing their original voyage, and turned out OF their
direct course only By disaster, by wrongful VIC
lence; that they ought to receive all assistance
necessary to enable them to resume that direct
course; and that no interference and molestaton
by local authorities, where the whole voyage is
lawful, both in act and intent is ground for just
and grave complaint"
II. Lord Ashburton replies that the case of the
Creole was known in London only few days be-
fore his departure and it was therefore not among
those which it was his immediate object to dis
cuss He adds that the immediate case of the
Creole would be easily disposed Of but 1t involves
a very delicate and difficult class of cases he
therefore prefers referring them to his Government
at home, and says very traAkly-"l THINK yoa
would have better chance this settlemcntwith
them than with me. lie adds" Upon the great
general principles affecting this case we do not dit
fer You admit that if slaves, the property OF
American citizens, escape into British territories,
it is not expected that they will be restored ana
vcu may be well assured that there is no wish on
our part that they should reach shores or that
the British possessions should be used as dccoys
for the violators of the laws of friendly nelshoor.
When these slaves do reach US. by whatever means,
there is no alternative"
Lord Ashburton, in conclusion, makes the fol-
lowing engagement:
In the meantime, can engage that instruc-
tons Shall be given 10 the Governors OF her Ma
ies,v's colonies on the Southern borders of the
United: States to execute their own laws Win
Careful attention to the wish of their Government
to maintain good neighborhood, and that there
shall be no officious interference with American
vessels driven by accident or by violence into those
ports. The laws and duties OF hospitality shall
be executed, and these seem neither to require nor
to justify any further inqusiton into the state OF
persons or thisgs board of vessels so situated,
than may be indispensable to enforce the obseTy-
ance of the municipal law of the colony ard the
proper regulation of its harbors and waters.
ILL., Mr.. Webster expresses, in behalf of the
Pras;sen, reliance en- the PRINCIPLES of Public