The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-03-25
From The Baltimore American
THE CREOLE CASE.

A.
THE CREOLE CASE.
In referring 10 this case days ago, we remain
ed that there two questions lnvoi'ou ~ - 80
respecting the surrender OF fugt'es' 'i, me JIM.
corning compensation for properly iuo ~ !
be regarded as ALREADY disposed Of since IL res'eu MOI
upon any claim OF right but merely vi .ou ~
exaciion could be made u was en'lSy oP''o"a'
with the British Government 10 comply OF ho'' as
they saw fl and they have seen M not 10 comply
Tbe other question that remains rests upon difer-
AM, ground; and il simply resolves itself into this
shal English American law be applied to the car
an of The Creole 10 regulate the disposal OF the same
The American law gives right OF property IN the
slaves on board that vessel the English law recog-
nizes no such right
IL the Creole had gone into the port of Nassau by
the voluntary act of her captain or by direction OF
the owner there would be question in the case
The English law would apply iorthwith the slaves
could not have been reclaimed. The inference would
have been fair that the vessel conducted into the
port with the full knowledge of the laws OF the place
and with fair understanding of the effect Of their
application.
But the case pr sents very different aspect under
the actual circumstances which characterize it. The
vessel went into British port not by the voluntary
act of any who had lawful authority over her, but
against their will and without their power 10 prevent
IT, The lawless force, which, operating through mt-
tny drove the vessel into British harbor, was as
little under the control of the rightu master OF the
ship as the violence Of the elements would have been
Now the point of inquiry is not what are the BRUSH
local laws at Nassau affecting the property on board
the Creole If on that island there dwelt savage
race they would of course follow their own customs
and usages, no matter what they might be ana no
thing better could be expected But civilized peo-
pie are supposed to be capable OF acts oil comfy oil
respect for the laws of other counties when the same
are not in violation of the laws of nations II ex-
pected of them also that under certain, circum-
stances they will withhold the operation OF their own
particular laws, when the application oil them would
work injustice to the citizens oil other countries VINO
against their own will, had, by force or accident, be-
subject thereto. In the case OF the Creole 1t
was to be supposed that the kind Offices which are
due from friendly power tohe citizens OF another
in of disaster and distress would have been eX-
tended that the American consul at Nassau would
have been assisted in suppressing the muny on board
in restoring the vessel to her rghtful master, ana III
supplying her with such were needed to en-
able her to continue voyage which had suffered I'M
timely interruption.
they indicate voluntary involuntary entrance
within foreign jurisdiction, should determine the
extent to which the local laws of country should
be applicable against the laws of another friendly
power.
To illustrate this more clearly, let it be supposed
that vessel sails to foreign port with contraband
articles on board-artcles not contraband at home
They are seized and forfeited-and properly So No
complaint can be made But let it be supposed that
a vessel with cOntraband articles on board is driven
to forfeiture She was not bound for that port, but
to another where her cargo might be lawfully enter
ed. Yet It is necessary to make repairs her cargo
Is taken out for that purpose II is discovered to
this be-
Mr.. WEBSTER, in his letter Of insti uctions to Mr.
Everett, has illustrated the point by very strong
analogy-thus;
Suppose American vessel with slaves lawfully
on board were TO be captured by British cruiser as
he'll To hai tha aI tat.
Were at peace suppose such prize carried into Eng
land, and the neutrality Of the vessel fully made out
in the proceedings in Admiralty and restoration
consequently decreed-in such case, must not the
slaves be restored exactly in the same condition in
which they when the capture made 2
Would any contend that the fact of their having
been carried into England by force set them free"
We have one other instance in point which is not a
supposed In 1881 il will be- recolected that
tain jewels stolen from the Prince of Orange, were
brought into this country by POLAR the thief or
the thiefs accomplish. The jewels were seized by
the collector at New York introduced in violation
of our revenue laws and they libelled for
feiled. While this property thus in the hands Of
the officers of our Government the true owner APP
pears, makes known her title it, and requests that
il may not be condemned forfeited to the United
States, but restored 10 her from whom stolen.
The opinion of Chief Justice fancy, then Attor-
ney General, in view of these facts, thus ex-
pressed
g Taking this to be the Of the case il is
| think very clear that the Jewels are not liable
condemnation under the laws Of the United States.
The real owner has done act that Iighluly
subject the property TO forfeiture. 'he party who
imported them into this country obtained the possess
sion frauduently and without her knowledge and
brought them here against her will II was not in
her power TO prevent for she did not know who
had possession OF them where they to be
found, until they were seized And property thus
obtained and thus introduced against The consent of
the owner, stands on The same footing with that which
is cast upon shores by the olcnce of the winds
and waves. and is entitled Ia the protection. 1t
cent will not be visited with that penalty for
act which it was out of his power 10 prevent.
The principle here laid down with great clearness
and justice is exactly applicable to the case of the
Creole. Shall the British local laws be put in force
against foreign owners rights Of property when that
property under the forfeiture of British law with
out the consent of the owners will against his con
sent and without his power to prevent The jewels
Of the Princess of Orange liable to forfeiture
der the revenue laws yet the operation of those laws
suspended because " the party who imported them
into this country obtained the possession fraudulenty
and without her knowledge and brought them here
against her will" Let the circumstances under
which the Creole into British port be consider
ed and will be found that the prime pies which
regulated the other case applicable in every
tial respect TO this.
FLORIDA TRooPs--Yesterday we noticed the arri-
val at Jefferson Barracks of portion of the 9th Reg
iment of Infantry, but were unable then to give a
complete list OF the officers connected with the troops
We since learn that the troops arrived are, the Isl
battalion of the 9Th Regiment the battalion of the