The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-26
From tho Baltimore American.
THE CREOLE CASE.

respecting the surrender of fugitiyes the oher con-
corning compensation for property me >. a
be regarded already disposed OF since y NJ
upon any claim of right but merely OF coui'o'y. w
exaction could be made; il was entirely oPuohai
with the British Government 70 comply " nH'' 90
they saw fit and they have seen nj mol 10 comply,
The other question that remains res's upon
emf ground; and it simply resolves itself INTO this
shal English or American law be applied to the car
90 Of the Creole regulate the disposal Of the same
The American law gives right of property In the
slaves on board that vessel the English law recog-
nizes no such right
If the Creole had gone into the port OF Nassau by
the voluntary act Of her captain, by direction oil
the owner, there would be no question IN the case
The English law would apply forthwith; the slaves
could not have been reclaimed. The inference would
have been fair that the vessel was conducted INTO the
port with the full knowledge of the laws OF he Pace
and with fair understanding Of the effect OF theH
application.
But the case presents very different aspect under
the actual circumstances which characterize H. Inc
vessel went into British port not by the voluntary
act of any who had lawful authority over her, Dut
against their WILL and without their power to prevent
it. The lawess force, which, operating through mu-
tiny drove the vessel into British harbor, was as
little under the control of the rightu master OF the
ship as the violence of the elements would have been
Now the point ofnquiIy is not what are the British
local laws at Nassau, affecting the property on board
the Creole. If on that island there dweit savage
race they would of course follow their own customs
and usages, no matter what they might be and mo-
thing better could be expected But civilized peo
pie supposed to be capable Of acts OF comfy OF
respect for the laws of other counties when the same
are not in violation of the laws of nations. 1t is
pected of them, also, that under certain circum-
stances they will withhold the operation Of their own
particular laws, when the application Of them would
work injustice to the citizens OF other countries who,
against their own WILL had, by force accident, be-
come subject thereto In the case Of the Creole 1t
was to be supposed that the kind Offices which are
due from one friendly power to the citizens OF another
in of disaster and distress would have been ex
tended; that the American consul at Nassau would
have been assisted in suppressng the muny on board,
in restoring the vessel to her rghtful MASTER and in
supplying her with such were needed to en-
able her to continue voyage which had suffered un-
timely interruption.
1t is evident that the circumstances of the case,
they indicate voluntary an involuntary entrance
within foreign Jurisdiction, should determine the
extent to which the local laws of country should
be applicable against the laws of another friendly
power.
To illustrate this clearly, let it be supposed
that vessel sails to foreign port with contraband
articles on board-articles not contraband at home.
They seized and forfeted-and properly No
complaint can be made. But let it be supposed that
vessel with contraband articles on board is driven
by tempest into port where such articles liable
to forfeiture. She not bound for that port but
to another where her cargo might be lawfully enter
ed. Yet it is necessary to make repairs her cargo
is taken out for that purpose it is discovered to
be contraband and is seized. How unjust would
this be?
Mr.. WEBSTER, in his letter of instructions to Mr..
Everett has illustrated the point by very strong
analogy-thus
Suppose American vessel with slaves lawfully
board, to be captured by British cruiser as
belonging to some bellgerent while the United States
Were at peace suppose such prize carried into Eng
land and the neutrality of the vcs.ei fully made out
in the proceedings in Admiralty, and restoration
consequently decreed-in such case, must not the
slaves be restored exactly in the condition in
which they were when the capture was made 7
Would any contend that the fact Of their having
been carried into England by force set them free?
We have one other instance in point which is not a
supposed In 1881, it will be recoeced that GER
Jain jewels stolen from the Prince of Orange were
brought into this country by one POLAR, the thief or
the collector at New York as introduced in violation
of our revenue laws, and they Iibelled for
fsited While this property thus in the hands of
the officers of our Government the true owner APP
pears, makes known her title to it, and requests that
it may be condemned forfeited to the United
States but restored TO her from whom it stolen.
The opinion of Chief Justice fancy then Attor-
ney General, in view Of these facts was thus
pressed
"Taking this to be the state Of the case, it is,
think. very clear that the jewels not liable to
condemnation under the laws Of the United States.
The real owner has done act that can Tighlfuly
subject the property to forfeiture The party who
imported them into this country obtained the posses
sion fraudulently and without her knowledge, and
brought them here against her will. 1t not in
her power to prevent ii for she did not know who
had possession of them, where they were to be
found, until they were seized. And property thus
obtained and thus introduced against the consent of
the owner, stands the footing with that which
is upon shores by the violence of the winds
and waves and Is entitled to the protection 1t
is not liable to fer fixture in either case and the nno
will not be visited with that penalty for an
act which it was out of his power to prevent"
The principle here laid down with great clearness
and justice is exactly applicable to the of the
Creole Shall the British local laws be put in force
against foreign owners rights of property when that
property under the forfeiture of British law with
out the consent of the owners will, against his
sent, and without his power to prevent it The jewels
of the Princess Of Orange liable to forfeiture
der the revenue laws yet the operation of those laws
was suspended because the party who imported them
into this country obtained the possession fauduently
and without her knowledge, and brought them here
against her will" Let the circumstances under
which the Creole came into British port be consider
ed and it will be found that the prime piles which
regulated the other case, applicable in every
tia respect to this.
FLORIDA TRooPs-Yesterday noticed the arri-
val at Jefferson Barracks Of portion of the 9th Reg
iment of Infantry, but unable then to give a