New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-26
Cose Of the Creole.

The Nassau ROYAL Gazette of April 30, con
tains note of the judgment pronounced by the
Chief Justice ordering the liberation of the
Creole negroes. Ii was furnished by the Chief
Justice himself for publication.
The grounds of his decision are set forth by the
Chief Justice as follows:
That whether the circumstances under which the HON
eide alleged have been committed ON boare the Creole
when she tax possession OF by the slaves, constituted
the OF murder not the Court could not inquire as
BRUSH Court could Try foreigner tor an offence com
mited against foreigner the high seas except
tor thu crime OF piracy for prate' beng deemed epeIhs
OF all mankind. could be trled by any nation having coh
That piracy ,Ich robbery depreciation on
the high es 1t II had been coslmued on ssre' "ouid
have amounted 10 felOsyor IN DINER words larceny sp
United the Tina, larceny consists IN The taking ani
conveying the property OF another WIN the intention
of deiraudng the OF H. and OF converting II To tue
use the ,sker TINT there must therefore be proved ~
minus frand or original intention Of stealing and tie IN
Ell causa intention OF deraudng the owner OF IT, AMI s
pyirg the profit OF the thet-tha u, for example,
takes horse from stable and rides II certain ds
lance and then abaDdOn H. this no larceny because NJ
did take the horse NTH the intention o stealing H. but
merely tor the purpose OF conveyance, and dd BOT 'uoe
quenlly convert II TO his own use.
That nothing be clear than that the laws OF one
country or Justly bind the subjects OF anoueI
indie pendent country aud that therefore Tie 500.
ects OF the one are captured and held 10 bondage pl e
sublects OF the other, such persons have natural ad h
feasible right their liberty when they have ne
power OF doing The slaves board the Creole were
thus situated, and could only regain Their liberty py sAnE
the vessel, ana having ~
possession OF her II appears 10y facts which lave come 10
knowledge. and by the examinations when hhNe peen
TAKEN that they intended 10 make 10 artser use 81 her han
convey themselves Ia British settlement 70 p'dce us
selves under the protection o the British laws that there
being then nal intention Of stealing and no ultimate
eprVns the of their vessel or Of convert
ing lucr causa, their this would mol nave
amounted 10 larceny shore aud consequently mol 10
piracy at
That the American Consul having stated that he hadb,en
unable to obtain evidence against the prisoners rom lne
persons resident Nassau who were on board at lhr
The akpur
having therefore requested that the uls might ne D'beu
I'LL he could communicate with his government IN order 70
Nassau the crsw and passengers OF the
Creole. the Court had read auen'ey tht etahihduul,
Of the said and passenger upon which he Consul
grounded this applica ana wishing TO comply WIN any
request made by that gentleman, would certainly have
granted IT, could they have entertained any reasonable sup
position that credible evidence could be brought TO convict
the prisoners Of piracy but that IN only one oil she etand
tons that OF Mr.. Lghtner did there appear any evidence
whatever OF any praea proceeding on TIA" part OF 'he
Mr. Lghtnsr states that be had them break open
trunk aud take out some money anu tAAr also wearing az
pare but IN the trs place, mai ehauhsuoh wa In"
q parte by the theu American Consul neither M Me pre-
srnce OF British magistrate nor IN me presence 81 'r
cners. that Mr. Lghiner states Only ual some o ue ut
goes did this without attempting % lay ie csarge 70 any
Of the prisoners those concerned IN the capture o. W
vessel and thirdly tina, the exarnnant Wa, one "ho sse
the protest OF the 7lh OF December lat, al Neworesns
protest notorious To every one IN ths community Tor u
cro.s msa,emeni OF facts. that under these circumstance
a. il appeared % the Court that II very doubtful
whether named by the Consul would bc sent
here AT ALL and that they the prisoners could
slOners refuse compliance with that gentleman ,
wishes. they did not think they could With any degree OF
Justice consest TO commit the prisoner, 10 any iiher con
fnement. and therefore order them to be discharged
TIE DEATH ORA BIRD-One of the admired
nghtingales spoke few days ago OF having
been invited to hear sang itself to death. one Or
two mornings since. The two were in separate
cages, suspended one in the porch the other IN an
adjacent room. They appeared 10 be engaged N
a trial of their musical powers, and were eHerl'hs
all their strength, rafting their wings, ruiin te',
feathers, jumping about their cages, varying am
swelling their songs. until the whole AR seemed
6lIed with the sweet volume. they uttered. ms
,b.v continued for some time when one OF them
tainted away and died. His little heart seemed
:. have swellsd with the spirit Of song antil 1t
bur.ted, and hi. soul passed away 1t vas truly
touchin. 20 see the sweet warbler die thus, in the
ID, OF his .ong-and il was not wholly unnatu-