Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-09-30

Continued.
Impressment-C of The Creole Case Of Ike Caroline
CASE OF THE CREOLE.
Mr.. Webster to Lord .7sh6urton.
DEPARTMENT OF STATE,
4 Washington, Aug. !, 1912 5
4 My Lord The President has learned with much
regret that you not empowered by your Govern
ment 10 enter into formal stipulation tor the better
security of vessels Of the U. s.. when meeting with
disasters in passing between the United States and the
Bahama islands, and driven by such disasters INTO Br
t'sh ports. This is subject which is deemed TO be Of
great Importance, and which cannot, on the present
OCCASION be overlooked
/ Your Lordship is that several rases have &C.
Cured within The last few years which have caused
much complaint In some of these cases conpensa-
nn has been made by the English Government for the
interference Of the local authorities with American
vessels having slaves board, by which interference
these slaves free. In other cases, such com
pensaon has been refused 1t appears to the Presi
dent to be for the interest Of both countries that the
recurrence of similar cases in future should be pre-.
vented as far possible.
Your Lordshp has been acquainted with the case OF
the "Creoe" vessel carried into the port Of Nassau
last Winter By persons who had risen upon the lawful
authority Of The vessel and, in the accomplishment Of
their purpose, had committed murder person on
board.
| The opinions which that occurrence gave occasion
for this Government TO express in regard TO the rights
and duties of friendly and civilized maritime States,
placed by Providence near to each other, well
considered and are entertained with entire confidence.
The facts in the particular case of the Creole are
con: reverted positive and oicious interference by
the colonial authorities to set the slaves free being al
| legged on ore side, and denied on the other.
II is not my purpose 10 discuss The difference oil
opinion as the evidence in this case, at present
exists because the rights of individuals having render
ed necessary more thorough and judicial nves.iga
ton of facts and circumstances attending the trans
action such investigation is understood to be now in
/ and he, know M
more able than at this poment TO present TO the
British Government a full and accurate view of the
whole case But It my purpose and my duty, 10 m
vle your Lordships attention 10 the general sutJci
and your serious consideration OF some practical means
of giving security the coastlng trade OF the United
iatps against unlawful annoyance and interruption
along this point OF their shore The Bahama islands
| apprnach the coast of Florida within few leagues,
and, with the coast, form long and narrow channel
filed with Bile small islands and banks OF sand
and The navigation difficult and dangerous, not only on
these accounts but from the violence of the winds and
the variable of the currents. Accidents are, at
course frequent, and necessity compels vessels OF tie
United States in attempting 10 double Cape Florida, TO
seek shelter in The ports of these islands Along This
the Atlantic States hold intercourse with the
States on the Gulf and the Mississippi, and through
the products of the valley of that river "a region oil
vast extent and boundess fertilty) find man outlet
To the sea- in their destination 10 The markets OF the
world.
treatment which American vessels usually receive in
these ports unless they happen TO have slaves on board
but in of that kind complaints have been made
az stated Of oicous interference of the colonial
authorities with the vessel for the purpose of changing
the condition in which these persons are, BY the laws
of their own country, and of setting them free.
In the Southern States of this Union slavery exists
by the laws Of the States and under The guarantee OF
the Constitution of the U. s.; and il has existed in
them from period long antecedcnt TO the time when
| - In ais nF
things it will happen that slaves will be often on board
consng vessels hands, servants attending the ia
miles Of their owners, or for the purpose o heng car
RED from port port For the security OF the rights
of their citizens when vessels having persons OF TINS
description on board driven by stress OF weather.
or carried by unlawful force into British ports the u
Staes propose the introduction of no principle IN
to the law of nations They require only faithful
and exact observance Of the nunctons Of that code
understood and practised in modern times.
Your Lordship observes that have spoken only OF
American vessels driven into British ports by the dis.
ascrs of the seas, carried in by unlawful force.
conHne my remarks 10 these cases, because they are
the common cases, and because they are the cases
which the law Of nations most emphatically txenPts
from interference The maritime law is full of insan-
ces of The application of that great and practical rule
which declares that that which is the clear result OF
necessity ought TO draw after It no penalty and no ha-
gard II ship be driven by stress of weather, icto
prohibited port or into An open port with prohibited
cnrred And what mGy be considered still stronger
case it has been decided by eminent English authority,
and that decision has received general appreciation, that
if vessel be driven, by necessity, into port strictly
blockaded this necessity is good defence, and exempts
her from penalty.
vessel on The high seas, beyond the distance Of
marine League from the shore, regarded as part Ut
the territory of the nation TO which she belongs and
subjected, exclusively, TO the jurisdiction OF that ma
lion IT, against the will Of her master or owner,
4 f,a land I'm
mort those who have, ought to have control over
her. struggling all the while TO keep her upon the high
sens and go within the exclusive jurisdiction Of her
own Government, what reason or justice IS there IN
creating distinction between her rights and lmuu-
mites in position, thus the result of absolute neces-
s,tv and the same rights and mmunities before supe
rior power had forced her ont OF her voluntary course
But, my Lord, The rule of law, and the comfy and
practice of nanns 20 much further than these cases OF
necessity and allow even to merchant vessel coming
into any OPEN port of another country, voluntarily,
for the purposes of lawful trade TO bring will! her, and
keen over her 10 very considerable extent the uris
dc,ion and authority of the laws of her own country
| A ship, say tile putllciss, though at anchor IN
foreign harbnr, preserves It's jurisdiction ana rs laws
Il is natural 10 consider the vessels of a nation as
parts of its territory, though at sea- as the Stale retains
rs Jurisdiction them and, according TO the com
monty received cusiom this jurisdiction is preserved
ever the yessela in parts OF The sea sutec 10
foreign dominion.
laid down by writer's of received authority, and en-
,irey conornable it is supposed with the practices
OF modern nuons.
| If murder be committed on board OF an American
vessel, by one of The crew upon another, or upon
passenger, or by a passenger one OF the crew or
another passenger while such vessel is lying IN port
within the jurisdiction of foreign State or sovereign
ty. the offence is cognzable and punishable by the
proper court Of the U. s., in the same manner as II
such offence had been committed on board The vessel
alau of nd
be the same.
is true that the jurisdiction of nation over yes
sci belonging it, while lying in the port OF ano'her
is not necessarily wholly exclusive. we DO not 50
consider or assert it, For any unlawful acts cone
her while thus lying in port, and Tor all contracts en-
and they mus, doubtless be answerabe 10 me laws OF
the place. Nor if her master and crew, while on ooaro
in snci port break the peace of the community " .e
commission Of crimes, can exemption be cia'med Tor
i LII Il nalIn a Il