The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-03-28
From the BOSTON, i'"'''
THE CREOLE CASE.

force Of his reasoning to prove that the D..'''n sr
eminent is bound to make restitution W Wy ~ ~
Of the property An attempt IS made 10 ihisieau .'e
nuhc mind from the main question IN THIS case, py
INSISTING Thai the slaves had right To recover ther
liberty and that this precisely Ike that oil he
Amistad But whether the slaves IN tins case were
unsuitable or not in recovering their liberty by any
means in their power, is not question between the
American and British Governments; and between
the cases of the Creole and Amlsad not the slightest
similarity exists. As an abstract principle, we ad-
nit that slaves have right under any circumstances
to recover their liberty for being natural rlght
liberty cannot be rightly invaded excepting as pun
shment for crime and therefore, when the right IS
taken away il may be recovered again py any means
necessary for the purpose Such was the doctrine
of those who achieved the American reVolution' anu
such is the doctrine proclaimed in the Declaration OF
Independence, and in all the constitutions OF uhe
Union, State and Federal But as another aps'racs
principle we insist that each nation independent "a
all other nations, and, consequently, that eao may
establish its own laws, good or bad, Without Doing
accountable to any other nation, or to any oer pow
er than the Supreme Ruler OF all nations fiehce,
while we admit slavery to be wrong, we ueny ,ia'
it is a wrong in US which Britain has right 10
Slave has right to recover his liberty by force, Br
fish authorities have right to aid HIM IN the at
tempt, while the two countries are proiessedly AT
peace If the abstract right to liberty ana the an
stract right to national independence seem TO CONNECT
in our case we remove the difficulty by saying that
nations are accountable to God for their government
and not TO each other and we add that while as SONS
of free New England, we of Massachusetts, abhor
slavery in all FORMS will not as citizens OF TINS
Union permit foreigners to We ns
much for natural right, and insist upon thus much for
national independence
We admit that, under the laws oil nations, persons
committing crimes in country and flying to an
other are safe in the country where they seek an
asylum Such country is not bound to deliver them
to the country which they have offended, unless
treaty for such purpose exists between them thus,
if ships crew at Albany should murder the ohcers
while the ship was at the wharf, escape in boat and
find their way the Bahama Islands, they would be
entitled to the protection Of British laws and British
authorities would not be obliged to deliver them on
demand Of our Government. Their crime Is murder,
and against the laws Of New York or the United
States, and not piracy crime against the laws OF
nations The British authorities would not modest
them because they have committed no crime against
British laws, the laws OF nations, but merely
crime against the municipal laws OF foreign coun-
try crime of which British authorities can take no
cognizance Their crime is accomplished and per-
fected in foreign country, and they are on BRUSH
territory as fugiives, and not as criminals But u
they should commit the same crime on the high seas,
and seek the same asylum, British authorizes would
not only be obliged to deliver them, on demand, to
American authorities, but would have the right to
punish them according To British laws for their crime
is piracy, crime against the laws OF nations, and
which all nations have a right to punish 30 ~ they
the nation where the crime is perfected Is hound TO
deliver them TO the nation in which the crime y com
menced Az this distinction may not be lnteilgibie
to all of our readers will illustrate II 10y case
ships crew overpower their officers at wharf IN
Boston, carry the ship to Nassau, and there detain
the officers prisoners murder them, and plumber
the cargo They began their crime on American
and continued or perfected il British territory
Admitting, for a moment, that they not plIates
we insist that they are criminals against British as
well as American laws and may either be punished
according to British laws delivered 10 American
authorities according to the comfy though not the
laws Of nations. But if their crime be piracy as we
insist that it is tie right of British authorities to
punish or surrender them at the option of such au
thortes, is still stronger.
To which Of these categories does the case of the
Creole beong2 We say, to the last for the mutt
neers not only committed piracy the high seas, but
continued their crime in British port. They arc
not merely fugtives from the country whose laws they
have violated but they criminals against the laws
of the country in which they seek an asylum. Upon
this ground the British authorities may not only arrest
them under British laws criminals in British port,
but are bound to arrest them nnasF h 9fSn
tie abstract 1t Is not but in this case the act il far
bidden by the laws of the United States as n;racv
and as they are an independent nation other naions
are pound to respect their laws and have no right 10
look beyond them. Therefore while tho Rrtsb ;, -
thortes might have no right TO punish ,bom az n;,aa
against the natural law of nations they would have
right 10 punish them as pirates against the conyen
nonai laws OF nations, and to aid the United States in
Furnishing them rather in delivering tbem 10 nn
lshmeht, Tor violating American laws. Detesabie as
slavery Is, all European nations have recopnized and
pracsed ~ and made its enforcement part Of their
conventional laws OF nations; and although one or
hore VI tiese NATIONS may repudiate the abomnable
nsttutlon they are bound respect as part of these
'ery conventional laws of nations the laws Of obe
lauons winch still retain it, Thus slavery was once
part OF the laws of nations between Britain and the
Jnlted States. Britain has abolished it. Therefore.
in fraa .rx.,,th a. r. =.
o consider slavery as part of the laws of nations
.iil existing between them. And under this Law,
'ritain IS bound to regard as pirates all American
layes who, on the high SEAS oyerpower their masters
w W. .'on ana Their vessels into British port
ne natural right to liberty, and the wrong of saye,
y, which we freely admit, 10 not affect be on.st;
etween the two countries f1o'''o"
We are told that the cases of the Creole ana ,ho
mlslad are similar They are totally different The
fricans Of the Creole recovered their liberty a;t
nation which toerates slavery and Rr;ta;n 3 ;ts q
tercourse with this nation, is bound to resnect tic c
WIS, ana nave no right to inquire beyond them or /
lerpose between the law and its subjects r. chi or
long, slavery an American law, and Britain. in n
ealihg win the United States is bound by it. But
e Amistad Africans cere moi shines b, H. - : ii
mn or any other country, and therefore in recoy o
ing their liberty, had right to immunity from ~ is
slton by any nation. We are told that orr conrt fl
~ r,sn' 20 inquire into the laws of Spain. But
was tne very question presented by the claimants
the spanish Government. The former claimed al
m as slaves before an American court and re- &C
'sted 1t to deliver them OF course the court an
lied to- and demanded the only legal evidence of tbe
I'M 'he laws of Spain. They not recognizing the of
10y u nalve Africans and declaring criminal the of
act by which these Africans got upon Spanish go
FNory' the claim was not supported, and the n
nants and edimees, being equally foreigners and sid
ependent of each other, were equally entitled 10
P pro-, Of American laws. So the Spanish yo
is'er, VINO claimed them before an American pr,
RI, as criminals against the laws of Sna;n mns,
', wnat' laws OF Spain they had violated. As he
IA snow none, and hey showed tney had been
; ;sh IN violation OF the laws of Spain, they es
,shed their constitutional right to liberty against
ne world, the violation of this right through : VI.
ION Q, spanish laws, and consequently iastfca- Isl
OF the act by which their liberty was recovered inn
Two cases are totally diferent-the Amstad tina
cans were slaves by no laws, and the Creole Oh