Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-09-19
CORRESPONDENCE
WITH BRITISH SPECIAL MISSION.
CASE or THE t. CREOLE
Mr. Webster 10 Lsrd Ashbsrtes.
DsrARrnEsr on STATE. I

tee seeuriiy oi vessels of lAe United States, wher
NEE ing With disasters IN passing betweea the u. s
nnd tho Bahama Islands, and driven, by such dsss
ter,. into British ports. This is a subject which j,
deemed TO be OF great Importance aud which canno,
Oh the present occasion. be overlooked.
Your losdship 10 aware that several cases have
oscuored within the last few years which have caused
much complaint In some OF those cases componsa-
ton has been made by the English Government for
the interfsreoee OF the local authorities with Amsr
can vessels hsv ng slaves on board, by which inter
ference these slaves were set free In other csse',
such compensation has been refused. IL appears TO
the President to be for the in,eres, of both countries
that the recuuencs Of similar cases IN future should
b. prevented as far as possible.
Your lordship has beea acqu ainicd with the case
Of the "Creole," vessel carried into tho port OF
Nassau last winter by persons who had risen upon
the lawful authority Of the vesse, and in the accom-
plishmen; Of their purpose, had eommiIted murder
on person on board.
Thc 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,
were well considered, and are entertained with en-
tire confidence. The facts in the particular cf
the Creole controverted; positive and offcious
interference by the colonial authorities to set the
slaves free being alleged on one side, and denied on
the other.
IL 10 not my purpose to discuss the difference OF
opinion TO the evidence in this case, as Il A. pre-
sent exists, because the rights OF individuals having
rendered necessary more thorough and judicial in
vestigation Of facts and circumstances attending the
transaction, such investigation is understood TO be
now in progress, and its result, when known, will
render mo more able than at TINS moment 10 present
&c the British Government a full and accurate view
of the whole case. But il is my purpose, and nv
duty, TO invite your iofushlps auenNoh 20 INC gen
efai soplect, anu your se'ous " SUNG
prseocsi means Q, sisus seou'ny " 'no eossuns
and interruption along this point Of their shore
ne oAnana is'auo' appio.I" sae 800" y, 'v',ua
VIM ave" 'eagu s", ~. ~, ~ .o"S
au 49, III ,aI" a,.J .nd H. n.~;ra,;o, ds;
'i, "a I, -, ~ ~ ,h.s. .r.o,U,s b.,
wv a'u :, ~, rs 10y 90 - - s;tI ~
W." Nre r ~ '"' ;I.,, -. 80 -. g.
.uie s s.s.;, .on,,sis vc,ssis n ,hc II,;,.d
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- - -; ,hs -. cr ,b.s. ;sI,nds AI,rc
- .. r. A,I,a,;. St,,.s nod ;ot.,conrss
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"Iu ue - -. =. a.. IL, 81 ~, 80
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AateT.o" VI 20 -. =; ~; dss,;n,,ion - Inc
= 49, -, go - ~. :. o,Id
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80" ~ 49,. colon;.i ou,ho,,s, ,r;,h tbe vs.seI for
" VIZ ~ h; ,h sns;';", - .b;.h it,
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.u nc ,na ~ us -, ,ha -,
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- So 49, II Iii tsS, ,ha, ,sro. vi, h
80 ~ - $3.50, 80. =. h.nds .s CO.,
80, ,,.Oa;na 81. T,n,;l;os ~ ,hs;r ovn.,. q, So-
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.Lo pua ~ " ~. 80. 80 ~; 49,. -, ~,
VIZ. 80, ~ r.,..n. ~ ,s;s d...,;n,;on On ho.,d
-. T. -. r. ~" -. .",r;cJ la, 49,
'u CO.. 80 AL uo,,s ~. TTa;,sd g..
".s. ~. i,,.oJ.,;o,, os - .;nc;rIn ;r, ,h.
ropvse u;e y; tnI M w
80, L-sr.o os ~ :; ;t -, - 80 H., - as -,
ds,s,ood snS nr.c,;scd ~ modem t;n,ss - va
Your lordship observes thnt | have spoken only o.
American vessels driven into British ports by tn;
disasters of the seas, o. carried in by unlawful force
conhne my remarks to these cases, becouse lhsy
are the common cases, and because they are the ca
scs which the law ol nations most emphaucaliy ex-
empis from interference. The maritime law is full Of
instances OF the application Of that great and prac,
cal rule, which declares that that which Is the clea
resultot necessity ought to draw after It no penalty
and no hazard. Ii ship be driven by stress G
weather, INTO prohoNed port, or INTO an ope
port, with prohibited articles on board, IN neithe
cnsc Is any forfeiture incurred. And what may
considered still stronger case, it has been decide
by eminent Eoslsh authority, and that decision Ia
received general appreciation, that u vessel b
driven, by necessity, INTO port strictly bockaded
this necessity is good defence, and exempts her from
penalty.
vessel on The hish seas, oeyord the distance G
marine league nom The shoTe, rs resaiusc as pai
oi the territory OF the nation to Witch she belongs
and SUBJECTED, exclusively 10 The JURISDICTION OF ths
nation. II, against the will OF her master, or owne
she be driven or carried nearer to the land or eNe
INTO port those who have, or ought to have, con
over her struggling all the whle 10 Eesp her upoi
the high SEAS and so within the exclusive JurIsdle
tion oil her own Government, what reason or Justic
IS there IN creating distinction between her right
ana immunilies, IN position, thus the result OF ab
soluie necessity, and the same rights and lmmuni
ties before superior power had forced her out OF he
voluntary coursel
But, my lord, the rule oil law, and the comfy an'
practice OF nations s &c eSen 10 m.,cbsn, ys.ss
comtny inro any onen no,, NJ no,b.r conr,,y yoln
tariiv f,r ,br nyrnosesof lo,vf,I t,ode n ;, lei
her. and k.ep over her IN verv ronsias,ote cY sn
the iuri,dicon ard authority Of tho lnv.os bsr
country.
A shin saw the nubcis,s tho, a, anchor IN forse,
harbor' preserves its jurisdiction and IFS laws
IS natural 10 consider the vessels of nation as mari
offs territory though at sea as the State retains IN
jurisdiction over them: and according 10 the com,
monty received custom this iursdc,io5 Is preservee
over The vessels even in pnrs of the ssa snbsct r.
n f,reen dominion.
This il The doctrioe Of the law Of Nations el,,rv
laid down by writer's Of received authority, and en-
iirey conformabe as il is supposed, with the pTac
tees Of modern nations.
II murder be committed on board Of an Amer
can vessel, by one OF the crew upon another, OF
upon passenger, or by passenger on one Of the
crew or another passenger while such vessel is lying
IN port within Inc jurisdiction OF foreign State
or so'erelgniy, the ohsrce 70 cognzible and punish
oOe Oy me proper court OF me Onied States, m the