The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-02-24
MR.. WEBSTER TO MR.. EVERETT.
DEPARTMENT OF STATE,
January Doth. 1912.


OH regret to be Obliged to acquant you with
very serious occurrence, which recently took place
IN port OF one of the Bahama islands.
IL appears that the brig "Creole," of Richmond
virginia, lnsor master, bound to New Orleans, sailed
from Hampton Roads on the 9th of October last
with cargo Of merchandise principally tobacco,
and slaves, (about 1875 ia number y that ON the even
ing OF the 7th of November some Of the slaves rose
upon the crew of the vessel, murdered a passenger
named l1ewel who owned some of the negroes,
wounded the Captain dangerously and the first mate
and Two of the crew severely that the slaves soon
obtained complete possession of the brig which,
der their direction taken into the port of Mas
sau IN the island Of New Providence where she ar
rived on the morning of the 9th Of the month ;
that at the request of the American Consul in that
place the Governor ordered guard on board, to pre-
vent the escape of the mutneers, and with view 10
an investigation of the circumstances OF the case
that such investigation was accordingly made by two
British magistrates and that examination also took
place by the Consul that the report of the mags-
rates nineteen Of the slaves imprisoned by The
local authorities as having been concerned III the mu-
tiny and murder, and their surrender to the Consul,
to be sent to the United States for trial of these
crimes, was refused the ground that the Governor
wished first to communicate with the Government in
England on the subject that through the Interior
of the Colonial authorities and even before the
military guard was removed, the greater number OF
the remaining slaves were liberated, and encouraged
to go beyond the power of the master OF the vessel
the American Consul, by proceedings which neither
of them could control This is the substance of the
case, as stated in two protests one made at Nassau
and one at New Orleans, and the Consuls letters,
together with sundry dispositions taken by him, copies
of all which papers are herewith transmitted
The British Government cannot but that this
case presented in these papers is one calling loud
y for redress The " Creole was passing from one
port of the United States to another in voyage per-
fectly lawful, with merchandise on board, and also
with slaves persons bound to service, natives OF
America, and belonging to American citizens, and
which are recognised property by the Constitution
Of the United States in those Sta in which slavery
exists In the of the voyage some of the slaves
rose upon the master and crew, subdued them, muir
dered man and caused the vessel to be carried in
to Nassau. The vessel was thus taken to a British
port not voluntarily by those who had the lawful au
hory her, but forciby and violently, against the
masters viii and with the consent of nobody but the
mulineers and murderers for there is evidence
that these outrages committed with the concur
renee Of any dt the slaves except those actually en-
gagged in them Under these circumstances, il would
seem to have been the plain and obvious duty of the
authorities at Nassau the port of friendly Power,o
assist the American consul in putting an end to the
captivity of the master and crew restoring to them the
control of the vessel and enabling them to resume
their voyage, and to take the mutneers and murder
ers to their own country TO for their cranes be
fore the proper tribunal. One cannot conceive now
any other course could Justly be adopted or how the
duties imposed by that part of the code regulating the
intercourse of friendly States which is generally Call
ed the comfy of Nations could otherwise be fulfilled
Here was no violation Of British law attempted or IN
tended on the part of the master of the Creole nor
any infringement of The principles Of the law OF natl rs
The vessel was lawfully engaged in passing from port
to port in The United States BY violence and crane
she carried against the masters will out of h"r
course into thePor Of friendly Power All was the
result of force,
Certainly, ordinary comfy and hospitality entitled
him to such assistance from the authorities OF the
place as should enable him to resume and prosecute
his voyage, and bring the offenders to justice But,
instead of this the facts be represented IN these
papers, not only did the authorities give no and TOR
any such purpose but they did actually interfere to
set free the slaves, and to enable them to dispense
themselves beyond the reach of the master OF the
vessel or their owners. proceeding like this can
5 defp ep II yo United 81 en this
subject, in order that YOU might lay before the Co
vernmen 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 return of the packet precludes
the opportunity of going thus into the in this de-
spatch; and as Lord Ashburton may shortly be eX-
peeted here it may be better to enter fully into il
with him, II his powers shall be broad enough IT,
embrace it. Some knowledge of the case will have
reached England before his departure, and very pro-
badly his Government may have given him instruc-
tons But ! request, nevertheless that you lose no
time in calling Lord Aberdeen's attention to III
general manner, and giving him a narrative of the
now communicated, with distinct declaration that
1.-THE facts turn out as stated, this Government thinks
It clear case for mdemnitcation
You will see that in his letter Of the 18th January,
1897, TO MIR Stevenson, respecting the claim for com
pensation in the cases of tue sComet y 8 Encomi-
UNI, and Enterprise Lord Palmerston says that
" II NJ ; Government IS of opinion that the rule by
which these claims should be decided IS that those
claimants must be considered entitled To compensation
who We're lawfully in possession of their slaves with.
N the British territory, and who were disturbed IN
their legal possession OF those slaves by tunctonarle
OF the British Government This admission is
broad enough To cover the of the Creole, if its
circumstances correctly stated But it does not
extend to what we consider the true doctrine accord
ing TO the laws and usages OF nations and, therefore,
cannot be acqulesced in the exactly correct gene
raj rule. 1t appears to this Government that not
ly is lnriendly Interference by the local authori-
ties to be allowed but that aid and succor should be
extended IN these as in other Eases which may arise
affecting the interests of citizens of friendly States,
We know no ground on witch il Is lust to say thu
these coored people had come within, and were with
IN, British territory, IN such that the laws .
England affecting and regulating the conditions of
persons could properly act upon them AS has been
already said, they were not there voluntarily hu-
man beng belonging To the vessel was within British
territory OF his own accord, except the muneers.
There being no importation, intent of importa-
ton what right had the British authorities to inquire
into the cargo of the vessel or the condition of per-
on board These persons might be slaves for
life; they might be slaves for term of years under
system of apprenticeship; they might b. bound to
service by tier own voluntary act they might be in
confinement for crime. committed hey might be pri-
soners of war or they might be free How could
the BRUSH authorities look into and decide any of
these questions Or indeed whit duty or power,
according to the principles OF national intercourse
had they to inquire at all II indeed, without un-
friendly interference, and notwithstanding the fulfil
ment OF all their duties of comfy and assistance by
these authorities, the master of the vessel could not
retain the persons, nor prevent their escape, then it
would he different question altogether, whether re-
sort could be had British tribunals the power OF
the Government in any OF its branches, to compel
their apprehension and restoration No one com
plains that English law shall decide the condition OF
all persons actually incorporated with British popula
ton unless there be treaty stipulation making other
provision for special cases. But in the Of the
" Creole the colored persons were still on board