Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-04-07

lowing cases, as clearly demonstrating, that the
refusal of the British Government to surrender the
mutneers OF the Creole, cannot BIO regarded by
our Government as a just cause of complaint on
its part:
s''Tho doctrine which cur Government has uni
formly maintained on this subject. is that which
was stated by Mr.. Madison in his letter TO Mr.
Erskne, Of Jan. It'll, 1897. in reply 10 an applica-
ton for the surrender of certain British seameu,
who having united with American seamcn, left
on board vessel ordered to Halifax, forcibly
took possession OF her and brought her into the
United States, aud were charged with mutiny, M
rdcy, and an attempt to murder their officers. Mr..
Madison answered, .'that not only no prerogative
Tor the purpose in question Is vested in the Ike
cuuve OF the United States, but that neither the
law nor the practice of nations imposes on them
an obligation to provide for the surrender of fga-
tives from the jurisdiction of other powers. The
obligation can result only from special and mutu-
al supulations, which do not exist between the
United States and Great Britain"
In 1917, an atrocious piracy having been COM
United on board the American schooner Platts-
burgh, and Mr.. Gallatin, then the American Min
lister at Paris, having expressed desire for the
surrender OF Le0,oigd one oI the supposed pirates
who had taken refuge i'm France, he was informed,
by the Duke de Richclieu, that as no convention
existed between France aud the United States for
The surrender of malcactors, Lemolgat could not
4
government would engage to act with perfect re-
ciprocity under analogous circumstances. Mr.
Gaiiaiin replied shat he was not authorized In
promise that the government Of the United STATE
would deliver TO the French tribunal Il man charr-
ed with similar o6encc ON board q Fr,uch ,csscy
on The high seas Il think on tho contrary he
adds, "ihat the existing laws would, where there
Is no convention to that effect with FOREIGN conn
try, forbid such surrender
In 1871, Daniel Sullivan, British subject
| IN, rnG1 II,
ran away with that schooner and her cargo and
carried them into Mount Desert, in the State of
Maine. The vessel and cargo were seized by
our officers at that port, for having entered in vo-
iation OF our laws. The British Minister request
ca. mat the British subjects who had committed
the offence should be delivered up to the officers
OF their own Government, 10 be dealt with accord.
ing to The laws OF their nation. The rcauisition
was referred to Mr.. Writ, the Attorney General
OF the United States for his opinion in regard to
The right and obligation to surrender. In the very
elaborate opinion which he gave, under date of
NOV. 20, 1921, MIR. Writ conclusively maintain
cd the position that the absence of treaty sti-
pulation, neither the obligation nor the riuIt To
surrender by the President existed.
On the 10Th of April, 1888, Chief Justice Tan
ey' Qhen Attorney General Of the United States, y
alter having dis he says, atentively considered the
application made "by the Charge of the King of
Portugal for the delivery of TWO seam en- confined
IN Boston, whom he charges TO have committed
the offence OF piracy, on board the brig Triumpho"
declares his opinion that the Executive would not
De Justified in complying with his request. And
III accordance with these opinions has been the
uniform practice OF our Government under every
administration"
This, however, was not the ground of COM
plant assumed by Mr. Webster in his letter to
The American minister at London. 1t was that
the British authorities at Nassau, instead of in.
lerierlng as national comfy required, to nut the
rightiul commander of the Creole in possession
OF his vessel, directly and actively interposed
to prevent him from doing 50 by his own means
that they forcbly took the mu,ncers from the YES.
SELL and set at liberty the slaves not eliminated in
the nutiny. AS to the surrender of the mut,neers
now Tor punishment, Mr.. Webster placed very
little importance on it. The witnesses aoaipst
them were sealaring men, and might be scattered
over the globe before the criminals could he
brought TO trial. He was clear and explicit. how
ever IN his demand for indemnity for the slaves
l'berated--and this is the gst of the quarrel.
" The Morgantown (Va.) Republican, in
| I