Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-03-24
From tle New York ExPrsss-
TaE CASE Of THE CREOLE.


An attempt is making 10 mix up the
case OF the slaves Of the Creole with the
case of a muiiny OF free white men, whom,
ii is contended, our Government, 10 par
alel circumstances, have refused to de-
liver up. Ii would not be difficult to
prove that English Courts of Admiralty
have regarded the revolt Of slaves as pa
-dcy. ana it, therefore, cannot but regard
these mu,ineers as pirates but we pro-
pose to go no further now than to point
out the difference, under our laws, be-
tween a muliny Of slaves ana a muilny OF
| free men.
Now, in the first place, while reasoning
upon this subject, we must d'spossess our
selves Of any other idea than this, that
slaves are property, under the laws OF
Virginia. (whence these slaves sailed) re-
cognized as property, too, even as Repre-.
sentative property, by the Constitution Of
The United States. Ia this sense, then, a
gwen amount OF American property, on
| lis wav from Richmond TO New OIleans,
two American Ports, fell into British
Port, where this property, II not coniis-
Gated, WIS put ont OF the law, that is''ls
tingushed from oil other property IN be-
| ing refused the benefit ot the law to Sc
cure it 10 lis owners. This fact, in the.
eve Of Virginia. one oi the Slnies, and
| in the contemplation ot the Federal Con.
stitution, draws broad line OF disinc-
ton between an act thus committed by
slaves, and free men, for under no CIR.
cumstances could free men become pfo.
perry. This muiiny in the Creole, then,
is no common mu,iny. The slaves, ir
the eve Of the slave holding States. are
not only maefactors, but properly also.
II may be admitted, however, that
even il Americans can demand tho resti-
tuition Of their property, Englishmen can
resist il upon the ground, that the laws
OF nations know no such property, and
that, therefore, this, in the British eye. is
but mutiny and no Treaty stipulation
compes a surrender of the maleiactors.
Thus, the British Government may be de-
Tended in their course, no matter how the
American Government may look upon the
act. Now, though this may be good
ground of argument in British newspa-
per, it is good for nothing in an Ameri.
can, for we live under diferen, law and
Constitution, to which we owe obedience.
We propose, however, to examine the
British view Of the question.
A vessel starts from one American Port
for another. Force changes her course,
and takes her to British Port, where
force takes advantage Of its own act to
convert slavery into freedom. The Brit
ish Government undertakes, in jusifying
this, the justification Of several principles
involved in il.
ls,. That the municipal institution Of
slavery in the United States, is against
the law of nations, for no matter, though
The municipal law Of England hberates
slaves, it will not be commended, il can
thus break the municipal law of another
nation, unless, according to the law OF ma
tons.
81. That this mu:iny or piracy was
justifable act, which it is neither bound
to punish, or to aid in Furnishing.
81. Thot Great Britain, in no way or
form, recognizes the property nj man IN
man and, therefore, in her eye, such
'nu,iny or piracy is proper as well as de-
frnsble, on accoun. of which there can
be- no remuneration.
Thes. principles, thus stated, distinguish |
this Creole case from all other mutinIes (; |
but in addition to all this, the British Gov
eminent herself, we venture to say, will |
put her refusal upon the very ground that
this is not mutiny, but the exercise of a |
right man ever has to achieve his free
dom. In n common mutiny, the comfy
Of the British Government would surren-
der the malefactors. II the passenger
slaves had been passenger freemen from
Richmond TO New Orleans, there is no |
manner of doubt, in case OF a revolt, that
the British Government would have given
them up.
The principles involved in the refusal
of the British Government 10 surrender
these Creole People, are Of character
to exasperate, in high degree, the slave
holding States. 1t is DEEPLY to be regret.
ted that such bone of contention is
thrown between the two nations but as |
this is n national matter, we must discuss,
and understand it, in all its legal results.
Whatever our feelings may be, this must
be looked at in a constitutional view
The hundreds among US, who rejoice in
the victorious achievement Of the Creole |
negroes, who hail their self-emancipntion |
with delight, are not the less bound, as
good citizens, to stand by the Laws and
Constitution Of the country, the defence |
Of which is the only Palladium we have
for our own ind vidual Freedom.
STEAMBOAT EXPLOSION, AND Loss OF
,pp Tia MohiIo Marnipy HaraH If