Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-03-24


THE CREOLE CASE.
We rrbli,h the GLOWING article ifani The "Ianloa
Tiu.. = which emtodics the views 1.-THE government,
and ntay all The British lrtss on t4.s sai1cct--
ENGLAND AND An ERICA
We have always been perfectly aware thai N m's'
ouarrels there some ripu ard some Wr1@ On b0lh
sides Of the question, much hunos misunderstanding.
and who'll, unconscious rtoJndrc. Indeed, We are Nc
yer aston shed to ed the view 81 facts assume" Ia
the frank and undoubtag way ~ pr, a. aa
a.,oNaiie ruth beyond TIE reach q qet on Ct ANU
mca-ly the other a ralfalc aEu In wn alsurJty.
And accordingly. such PIE .lcee undoubtedly exist.
and az very difficult any TO nudge oracly
how aI he is himself nCder Their dominion We are apt,
IN our csador, very much - distrust our own is M
pressions of our adyCsatrs' arguments opu US.
Things do lick very different liom opposite panis Of
view and Therefore. as have t,f re- observed
We are much inclined 10 suspend our Judgment
for some short time, when we tind oursrlfes IL nm
expected collision with any incomTffhenshly startling
statement Of an adsersary's pini1n. One rather hest
,s,es 10 pronounce that pilahiy atsafI vaeh mon.
enjoying the reputation mel only If sanity Ani lnclli-
gencc, ronounce with hemost pcrioeiapparcn confidence
their opinions
Never did this difficulty ofonrs eaase Us greater per-
rlexity than in reading certain opinions delivered ~ d
vcrs members cfthe American toHgres the affair Of
the brig Crsole, matter IN hioh Nc lad Hada
observations in cur paper 81 Friday last We an
willing 10 suppose tho SHeaes ct CaaaIs- 10 be under
any actual priyatian # rcasH. vt aeeHcd inevitable
that either they ourselves Rrrc shaaug under the
mos, strange and enuTo hai'u snluaa prueipes.
s.dered by both mes ely.6us. 1 NATURAL and political
quiiy We over The grounds II ar own eeuclu
siuns, and found n5lng 1 repent oi aud Sd eHn only
beg again the candid judgment of orr readers the start
Ing opinions " i5el NC have ls'.,n sf#n.
The Creole II viii Dr. rm'ma=fel was carrying
slaves fram Richmond u Nm Orleans some q them
,au,iuied murdered Il passenger. fif.d TIRE ahIs. aud
ran in an English ha1blr ho Eagllsh governor
suined the case seized all the slaves whom the lass,n
ge7s could identify concerned in thu anr'cr and pra
ey bu, profssed hls inability 10 inisfere with the move
meats ofthc res Wh1 accordingly landed and most OF
them started forthwith t-r .laa1a''a.
On this state Ufth.nps wo iris arse between cur
selves aud America. Ifrsi, wa' t. teeomo d the no
rrocs who are so detained The AUcnaan consul
claimed they should Ae ssa' t. H. CJiel S.al-,
which, ff the moment. refused and they remain ne
yet In British custody On this Pfel expressed No
opinion. Bui further, nj sa} INC American ncwspa
pers, but Of cons dcfai ~. speaking m Con21't,
proceed to demand e4mFensai !r 'ia slaves who have
taken themselves 4 to ,laIHa'ea % elsf whtto.
The first points = not eas Is d sp sed of Seve1a un
settled questions involved 1hese slaves cansd
cred 10 have committed What is certainly by the munr
rsllaw Of America and England act d p.raoy-a muir
der on the high seas. n0; isl. With the attendant
seizure Of their vessel witba the deanon OF piracy,
given by the Law @, nations I'm be- II IS cognisahlo Ia
any country in which the pirates may thereafter find
themselves II crime against NATIONS. punishable hS
any aud in that olrgafcnmrnt, into whose lands
circumstances have thrown ihc ualeciJs should be NJ
liberty usiicc On HEN riding Ia tnglsh
law without Interference from America any o'hlr
authority There is well known judgment Of 81
Iodine jenkins this effect, which We believe Is
still held 10 be good precedent both here and IN Amor
ca II is certainly quoted authority y American ~
ri.is, ard spprebcnd II would not e disputed.
But sapp sing this IS nj tie case. ll be decided
that these slaves strictly pirates. hut Qhy muir
derers Of an American citizen IL au American yess. and
punishable by American authorities ony the sole ques-
lion winch then arises IS, bound 10 and
give up these "fugiliyc criminals when claimed ~ A
merioa By Treaty entered into the 1898 were
bound 10 do 81 but that treaty has teen allowed 10
pro. Failing this, how stands tie matter hy Inc com
mon law ofnaonsl Nov, here the highest authorities
pronounce the opinion which certainly should our
selves wish 10 prevail, that criminals may hes5
claimed rs Of night In America, Chancellor h.ut act
ed on this Wow OF the and IA Tho case ot Wash
boum, did give npa criminal claimed by the Canad
authorities Bat the question is very tar from berg be
yond dispute The contrary opinion has equally wed
the sanction Of judicial authority IN the AnCrican
One of their standard writer's Judge Story, alter enume-
rating the authorities each SIDE Il the question: leaves
the matter undecided; and another r5n the follow
ing very distinct opinion
"No sovereign state is bound unless BY special crnl-
pact to eelyorup persons watcher It's subjects or
foreigners. charged with convicted Of crimes commit
ted In another country, the demand at foreign state
its officers Of Justice. The X-raditon OF persons
charged with convicted Of criminal Offences affecting
general peace and security OF social society IS however
voluntarily pracsed by certain States matter ofgcn-
eral convenience and comfy ~ heatas hte,ratton-
al Lar, p lG0.
This first point then. may be considered as involved
in some uncertainty Nj is II yet clear what Will be
the adopted by the Brush government when the
delivery Of the criminals is formally demanded by the
United States.
Not however. the second question issue, on
which we have pronounced an opinion with very hul,
hesitation. We showed, the authority Of the
bove mentioned American Judge Story what is, indeed
evident enough in rcasJn thai there clearc
principle in International law, than that the laws of
nation had no pTetence authority in the territory Of
other, beyond what that Other by lis private Gus
toms or enacinents, choose 10 give them. The rlght
of an American master his slave rest simply \
mercan law. The English now in force in the harbo
Of Nassau distinctly announces that within its sphere
support Of hom. To clam that the English authorities
shall dca.n Tor suffer for not deainng) slave
slave, is therefore TO claim that American law shall
verrde most positive and distinct English enac,ments il
English territory. And such assumpmton was shown
he most unequivocaly condemned by the most distin
0ushed American uris whom we have cited
On the whole, then. the of the case at present
pretty much this la the matter of componsaon
where they really hope fr concession from the
British government, they have the reason of the
and the authority Of their writers flat against them
ln the claim for delivery Of the criminals which they
snay possibly flor il is not yet clear have with
them, they have, first. to that THEN
claim will not be freely acceded to- and, secondly, ifi
tc not, their law speaks with much ndlsiinctness
aad contradiction this head that they alnos, dc
haired from claiming what would be absolutely their due
They demand with much confidence for them
Sriyss what they 50 backward u grant to others.