Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-03-26
Vol. g..


yond the reach of the master OF the vessel
or their owners. A proceeding like this
cannot but cause deep feeling in the United
States. 1t has been my purpose 20 write
you at length on this subject, in order that
you may lay before the Government Of Her
Majesty fully, and without reserve, the
views entertained upon it by that OF the
United States, and the grounds on which
those views are taken. But the early re-
turn of the packet precudes the opDortu-
nifty of going thus into the case in this des-
patch: and as Lord Ashburton may shortly
be expected here, it may be better to enter
fully into it with him, if his power shall be
broad enough to embrace it. Some know
ledge of the case will have reached Eng
land before his departure, and very proba-
bly, his Government may have given him
instructions. But | request, nevertheless,
that you lose no time in calling Lord Aber
deems attention 10 it in general manner
and giving him narrative of the transact
ton, such as may be framed from the pa
pers now communicated, with distinct de-
claration that If the facts turn out as stated,
this Government thinks it clear case Tor
Naturalization.
You will see that in his letter Of the 9TH
of January, 1897. to Mr.. Stevenson, res.
pectIng the claim for compensation in the
cases Of the "Comet." "Encomium," and
"Enterprise,' Lord Palmerston says that,
."H. MS Government is Of opinion that the
rule by which these claims should be dec"
ded is, that those claimants must be consld-
cred entitled to compensation who were
lawfully in possessin of their slaves within
the British territory, and who were dlstur.
bed in their gal-possess0n OF tunctiona.
ries of the British Government" This adj
mission is broad enough to cover the case
OF the Creole, if its circumstances are cor
recty stated. But it does not extend to
what we consider the true doctrine, accor-
ding to the laws and usages of nations;
and, therefore, cannot be acauiesced in. as
the exactly correct general rule. 1t ap'
pears TO this Government that not only is
no unfriendly interference by the local au.
thorities to be allowed, but that aid and sue
cor should be extended in these, as in other
cases which may arise, affecting the inter.
ests of citizens of friendly states.
We know 40 ground on which it is just
to say that these co|ored people had come
within, and were within, British terrific.
ry, in such sense as that the laws OF Eng
land affecting and regulating the conditions
Of persons could properly act upon them
AS has been already said, they were no
there voluntarIIv; no human being belong
ing to the vessel was within British terrific
ry of his own accord, except the mu.ineerS
There being no Importation, nor intent o.
Importation, what right had the British au
thorities to inquire into the cargo of the yes
sci, or the condition of persons on board
These persons might be slaves for life
they might be slaves for a term of years
under-a system of pprentceship; they
might be bound to service by their own vol
unlary act; they might be in confinement
for crimes committed; they might be pris
oners of war; or they might be Tree. How
could the British authorities look into ant
decide any Of these questions9 Or, in
deed, what duty or power, according to TIT
principles of national intercourse, had they
to inquire at all? If. indeed, without un
friendly interference, and notwilhs tandnS
the fulfment of all their duties OF comfy
and assistance, by these authorities, thu
master of the vessel could not retain tn,
persons, nor prevent their escape, then i
would be different question altogether
whether resort could be had to British tri
bunas, or the power of the Government
in any of its branches to compel their ap
prehension and restoration. No one com
plains that English law shall decide the con
dition of all persons actully incorporated
with British population, unless there be
treaty stipulation making other provision
} for special cases. But in the case of TIT
,,CreoIe" tho colored persons were still OF
b board an American vessel that vessel hav
ing been iorcibIy put out of the course o
| her voyage by mutiny; the master desiring
still to resume it, and calling upon the Con
sui OF his Government resident al the plac
and upon the local authorities to enable hin
so to do, by freeing him from the imprison
ment to which mutiny and murder had sui
iected him with such necessary aid and as
sistance as are usual in ordinary cases c
l disaster at sea. These persons, then, car
not be regarded as being mixed with tn
1 British people, or as having changed thei
4 character at all, either in regard TO countr
e or personal condition. 1t was no NOR
: than Just 10 consider the vessel as still U
e her voyage, and entitled to the succor du
V to other cases of distress, whethe arlsin:
i, from accident or outrage. And that n
Il other view Of the subject can be true, is e'
i ldent from the very awkward position
y which the local authorities have placed the
!. Government, in respect to the mutineel
: still held in Imprisonment. What Is TO
j. done with them? How are they to be pal
/ ishedl The English Government will pro
ably not undertake their trial or punish
g ment; and of what use would it be to sen
: them to the United States, separated fro
|, their ship, and at period so late as that,
T. they should be sent, before proceedin!