The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-31
From the NJ Y Commercial advertiser.
THE cd EnI L. rASIs

THE CREOLE CASE.
We claim the readers special attention to the fol
lowing essay, from able and clear-mnded Jurist
the subject of the late instructions Of the Secre-
tary Of State to the American Minister in London
touching the Creole 1t the misfortune oil the
Secretary of State that he has present enemies, who
have so ndustrious msrepresented that despatch as
To create a widely disseminated erroneous opinion
both as to its doctrines and its claims An impression
is very generally entertained that Mr. Webster has
demanded surrender of the slaves, mutinous and
otherwise, who were ON board the Creole. But II Is
not So BY a careful study of that document and
perusal of the exegesis of our correspondent it will
be seen that the Secretary has only demanded ndem
MITIGATION, on the principle laid down by Lord Aber
deem himself, " full Investigation Of the case
shall appear that they liberated by the direct and
proper inte,position Of the British authorities.
THE CASE OF THE CREOLE.
To the Editors Of the Commercial Advertiser:
l believe II to be the undoubted right of every
American citizen to discuss fearlessly and freely the
measures of those who agents of the people, add
minister the Government of his country but hold 1t
the duty of every citizen who those mea-
sures, with view to the approval condemnation
of their authors, to understand first what the nlea-
sres really are have been led to make this remark
from the many observations have heard and read in
the newspapers upon the Instructions OF Mr. Webster
to MIR. Everett in the case OF the Creole. When
those instructions published in the Commercial,
| read them with that sort of attention which man
the close of very busy day, weared, and requir-
ing retirement and rest is apt to bestow upon long
newspaper article | laid them aside without a more
attentive study Of them, knowing that l should be
likely to understand fully the precise merits of the
question when the topics of the letter should become
matter of discussion between our Government and
that Of Great Britain. But | have heard many
opprobrious epithets, and such severe cast
upon the Secretary of State-a man for whose judg-
ment, ability, patriotism and love of liberty, had
long entertained high regard-for writing these in
structons, that, having little leisure on my hands,
determined TO read them carefully with view TO
ascertain really and truly what they contain. | have
executed that determination, and now sit down to
give you the results of deliberate perusa
First, then, l have to say that of the intelligent
Wings who have given their opinions very freely upon
these instructions, heaping with lavish hand censure
upon Mr. Webster, not one IN twenty can at this mo-
ment tell what they contain-they cannot give an ac-
curate outline of their contents they cannot state
what the facts of the Creole doubt whether
one in ten of the newspaper editors throughout the
country can do So have, of course other foun-
daton for these assertions than comparison between
the instructions now lying before me, and the re-
marks and observations which l have read and
heard.
g Is it possible" says one, 60 that Mr. Webster has
demanded that the slaves who killed their master on
board the Creole, should be given up for execution to
the authorities of this Government?' " No. has he ~
says the person questioned. YES" is the reply
and If they are not surrendered, we must go to
with England to protect the institution Of slavery
Webster? Great as he is he has fallen-sold HIM
self to the South o! o! o."
Now, Messrs Editors, it is utterly untrue that Mr.
Webster demands the surrender of the slaves who
killed their master, who killed board the
CreOle-Whether he was the owner of the slaves who
killed him does not appear from the dispatch But
what does the Secretary of State instruct Mr. Everett
to demand The following sentence contains the
instructions &c But request, nevertheless that you
lose time i'm calling Lord .aberdeens attention to it
N lerHL HDr,i
9are Of the transaction, such may be framed from the
papers communicated, Nth distinct deckration
THE FACTS TURN OUT AS STATED, thiS G0Uef1l-
1aeat thinks it CLEAR CASE FOR MDEMNIFIcATIoN."
What are the "facts stated % The " Creole
was bound from Richmond, Va, to New Orleans ha-
wing one hundred and thirty-fve slaves on board
nineteen of the slaves, the others not participating,
upon the of the vessel, murdered passen-
Gar named Hewell, who owned some of the negroes,
wounded the captain dangerously, and the first mate
and two of the crew severely the slaves obtained
complete possession of the brig, which, under their d.
recton, taken into Nassau, British colonial port
On the arrival Of the brig Nassau at the request of
the American Consul the Governor ordered guard
board to prevent the escape of the mutneers, and
with view to investigation of the circumstances of
the case; such investigation accordingly made
by two British magistrates and examination also
took place by the Consul report of the magistrates
nineteen of the slaves imprisoned by the local
authorities, having been concerned in the mutny
and murder The surrender of these nineteen persons
to the American Consul refused on the gIound
that the Government wished first communicate with
the Government in England on the subject Through
the interference Of the colonial authorities the greater
Der Of the remaining sares liberated and encouraged
to go beyond the potoer of the master Of the pessel the
.4nercan Consul by proceedings aohich neither Of them
could control
This, then, is not the Of slave going on shore
and escaping from the claims of his master, obtain
ing writ of habeas corpus, and thus availing him
self of the laws of the country where he actually
wasbut the local government interfered to set him
at liberty, and put him beyond the reach of his
ter. The rule ai2 down by Lord Palmerston him.
self is stated the despatch to be this those claim
ants must be entitled to compensation 1cho lar
fully in possession Of their sidres lUihin the British
territory and 1oho disturbed in their legal pos
session Of those sidpes by functonaries Of the Bril-
fish Government" "Ths admission, it is contend
ed by Mr.. Webster, "is broad enough to cover the
of the Creole if its circumstances correct
ly stated. 1t is, however, contende by Mr. Webster
that the rule should be laid down broader than this,
and he goes in series of remarks to show what
in his Judgment is the true ule. A review of these
remarks l shall not take, but be it remembered
that under the actual circumstances attending the
of the Creole and these circumstances clear
y stated and Constantly referred to throug hout the
despatch, there is no claim for surrender of the
slaves, but for remuneration and the claim the
under review is made to rest upon the fact that
the British authorities interered to them at ber
ty, and put them beyond the reach of the captain OF
the brig
Have the Wing newspapers eager to find accusa-
ton against Mr.. Webster, because he could see no
reason why the members OF President Tyler's Cabi-
net should voluntarily surrender their posts informed
their readers of these facts VIII they 2 No.
AN AMERICAN.