The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-19
FOR THE MADlsONIAN.
OUR RELATIONS WITH ENGLAND.

FOR THE MADIsoNIAN.
OUR RELATIONS WITH ENGLAND.
1t is often the fate Of nations like that of ndividu
ais, glide insensibIy into able difficulties
GREETED equally by the parties, and which might have
been avoided, had each been constantly free from
element, and intent upon the matter really at issue
between them. The recent news from England, az
to the Creole mutineers be very unex pected
to many-is at regarded by them as ominous Of
war-as hostile to American slavery, and as necessa-
rily involving the question Of property in portion Of
our colored population The South, with their cha
racteristc ardor, and proper jealousy upon that sub
ect, will be greatly excited the foolish and wicked
aboonists will take courage-the restless and belige-
spirits throughout the land will nAame it into d.
rect and palpabIe invasion of our rights and just
cause of war, and fear that even the cooy think
ing and patriotic North in their eagerness to appease
the irrtated feelings of our Southern BRETHREN may
be seduced into regarding this Nassau affair but
link in the chain of British policy which goes for uni
versal emancipation Were this truly, necessarily
the case, the writer would be prompt for war, and
would be panied to the sword returned to its scab-
bard until that question, and all other cognate
should be for at rest. But, my countrymen! is
this necessarily SOS the decision in England
stitutionis it, in truth, any thing than what
has been often previously asserted and lamented, viz
that in the great code of international law such
is casus smissus-a not provided for by the
jus gentium-by customary law-by treaty stipulation
and, perhaps, not by that vague and question
able thing, called the Comfy Of Nations and finally
not the case of the Creole mainly one of mutiny and
murder, having no necessary connection whatever
with the question of property in slapes
Suppose there had not been a colored man on board
the Creole and that the steerage passengers had mutt
MED and murdered or more in command, and had
taken the vessel by pis major, into British island
would the voluntary, the customary law of nations
any treaty with England, or the usual comfy
of nations, require the imprisonment 81 the mutineers
and their surrender by Britain to our Government
upon our demand? If the affirmative be the sound
reply then Britain is in the wrong but not because
the mutineers were freemen; if the Negative be tie
correct reply, she is in the right but STILL not because
the mutncers freemen for the civil condition. as
to freedom slavery, would have possible bearing
upon the CASE but they would be retained surren-
dered according there was law, not, without the
least allusion to their condition at home. In such
case, it would be sufficient that they belong the ge
mus homo and being morally responsible as such
they would be justiable in this country or in Eng
land exactly in the way as white men nor does
any human being in England contend for any other
doctrine; nor indeed, would the abolitionists
make distinction in this respect, between slaves and
freemen
The only questions, then, Grst-Is there any
treaty stipulation between the two countries for the
reciprocal surrender of crminals of any Sort whether
the crime Be nsaium IN %, maxim prohibitun, and
wnesner coasss'sesd - Easman or BY > slave The
reply must be in the negative In the treaty Of peace
Of 1888, alusion is made to the subject. In the
treaty, usually called Mr.. Jays of November 1894,
the 9th article provided for the surrender of persons
charged with murder, with forgery; but that treaty
also provided that this article, among some others,
should expire in twelve years thereafter; and it
sequently ceased to be operative in the year 1906
Then the treaty of Client, of 1914, ratified in
February 1885, but that treaty is wholly silent upon
the subject and the matter has rested this hour.
Secondly. Does the law of nations or even the
clearly established comfy of nations-or finally the
opinion Of the publicsts, sustain the
be fugves from execution for proped crime, alsn,
in &c the strongest case that be put)-and here
the response to each of these must be equally in the
negative. One of the reasons why the law of ma
tons does not enforce the surrender is, because it
early became fundamental principle that all crimi-
nal and penal laws essentially local in their opera
ton-they have no extra territorial efficacy and, even
though the crime be confessedly against the universal
law Of nature, and the express law of God still the
offender has an asylum in other nations and the Of
Tended community has assertable or perfect right
to demand such refugee: and, in so strong case as
this, the courtesy comfy of nations would confer,
at most, but imperfect right but the denial of an
imperfect right never be the ground of very Sc
rious complaint, and certainly not lust cause of
war
Again; does the general or practsed comfy of
nations require the surrender of criminals of anu
kind? Were there such general, or ractsed CO.
nifty the habtua disregard of it by any particu-
lar nation, would still be just cause of war 1t
would indeed, be very properly regarded by all other
nations conclusive evidence of extremely chur-
lish and morose national temperament, and would
justify them in dealing with such nation in the mode
in which individuals of that temper are often treated
in society but no one in society pretends say that
the mere withholding of beneuoence, would Justify
others in destroying the property fe or even secu-
rity of such illiberal and cold-hearted individuals
And with nations That there is not, in point of
fact, such national comfy among nations generally,
must be evident, because, in the cases which occa-
sionally do occur, there were some special reasons
for so dong-the surrender was conessedly er gratu
or upon the principle of necessary reciprocty-or
they from some special policy which then hap
pened to exist. Cases of this kind have occurred
for the prevention Of border warfare and contermi-
nous nations, all over the world, have sometimes