The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-03-18


more than half century, it has been the known p
law of England, and published the whole e
civilized world, that the moment slave from t
almost any whatever, touches British soil, 4
his condition is instantly changed, and he be- Is
comes, by their laws, ipso facto freeman Now,
ever since the celebrated of the negro Somner-
set, we have known, and all the world has known
that slaves even cast upon their shores by wind and
waves, by any of the accidents of life, are pro-
nounced freemen, in all countries in which British
laws prevail and questions the British per
feet right to establish such law within her own do
minons. Nor does Britain pretend to question our
right establish entirely different law within our
dominions The two rights perfectly equal and
unquestionabe. If this be a case, the slaves were
ipso facto freemen, the very instant they came with
in the fauces of the British island they So just
much when on board of the Creole, as if they had
been landed-and just much though the American
flag waved over them, if they had all been COM
fortably housed shore Doubtless the intention of
the American consul was to obtain protection-but
the arm of the crii, well of the military, was
.ought-an investigation of Judicial nature took
place; the maineers were imprisoned, but to await
further orderand the rest were permitted to escape
Now, does this materially differ from the doctrine IN
Sommerset's case The innocent portion of the
slaves absolutely and at once free by the Br
fish law settled in that the guilty were
criminal only by the american law, for the crime
committed by them offended law of England,
| though it murder and mutiny. England, in
deed has similar law, but the law that violated
was the American aw-whch is local. having
ira territorial operation whatever, was settled in
l Henry Blackstone, p. 1913, 1876; c. Maui s. Sell
win, p. 49, The State of Massachusetts, VS.. Green,
| II Mass. Rep. 5l4, $40; Scoville Garfield, IA
Johnson's New York Rep. 1885, and hundred 9TH
| ers Now, again--If confidence were reposed by
the American Consul, and violated by the British
thortes, that confidence to have been very
explicitly stated and if grossly violated
as it probably was still it could have other opera
ton than give additional strength to the conceded
claim to indemty-we say conceded, because first the
British in the exercise of their undoubted right of
| considering all free within their own domin-
ions, (and hence not property in their view, have no
right to make their law ertra territorial and destroy
the property rights of others II is not sufficient,
| therefore for Britain, in such this, to say
that because slaves not property with them, they
shall be regarded as property in those whose
laws have made them property Britain indeed,
may free them whenever found within their domin-
ons-and if found there mere volunteers, claim
would arise for indemnity but if there, in any de-
/ gree IN inritn, claim to full indemnifcation
cessarily arises And secondly regard this as con-
ceded, because Britain has often, since Somerset's
case, admitted them to be property under our laws
and such TO be paid for, whenever she would pay
for any other goods and chatels in any way appro-
priaed to her Hence, even during the last war,
whenever Britain would pay for provisions, or other
things taken by them she made no exception in the
of sares but respected laws and dealt with them
as chattels. And where liberated within he's
own dominions (under any circumstances of mitiga-
tion, in the Bermuda, in those Of the Enco-
MUM, the Comet case, &C., she regarded slaves pro-
perry, and indemnified, and would indemnify their
| owners and so, doubtless, she will voluntarily do in
the of the slaves of the Creole. The writer is
tenderly alive to the decacy of this question: which
he has endeavored to discuss fearessy and candidls
and with no partalty to Britain the least of pre- u
dice against slavery. He is one Of those who has
carefully examined the scripture authority respect
to slavery--and truly believes that find in
those sacred volumes any warrant for lis condemna-
ton as an institution of socety-and that, Const
taond right, it is mpregnabe, and should admit of no
discussion chaterer With this firm conviction and also
as to the evil tendencies Of the Abolition principles in
epytorm ohderer the writer nevertheless cannot close
his eyes to the evidences daily afforded, as to the
morbid sensveness of the South upon this subject
and the general tendency Of the nation large to be
excited, whenever this unhappy topic is in any way
connected with foreign or domestic policy Nations
like individuals, often led astray by feelings b,
specous arguments, by false issues by play upon
| Il y thpI rath thair
hence arises many idle dverses of opinion among
nations, similar to those which SO often figure with
great vehemence, among individuals Our train of
thought is largely fashioned by our laws our nsttu
tions religion, literature and finally by an infinite
variety of circumstances and it were as vain hope
to look for homogenty of thought upon such point
as that OF slavery as upon that of religion in general
All that have right to insist upon and ever shall
insist upon, is that nation shall ever interfere with
our domestic institution. SLAVERY is one of ours
| UNIVERSAL EMANCIPATION Is one of theirs-and each
IS right ritin the limits only of their respective domi-
Mons the moment it is made, by either party to
transcend those boundaries each does wrong and the
whole difficulty arises from the practical exercise of
the policies respectively of the two nations. So ma
ny Just causes of war apt to arise, from time to
time, not only with England, but with other nations
that should be careful not to grautously multiply
them. But should Britain dare, in any way to
interfere with our internal police as to slavery or
any thing else-shoud she insist upon the right of
search, beyond the doctrine contended for when at
peace, and she at war-should She ever again impress
our seamen, or now, under the garb of tdiion,
erclse the right of search for the maintenance of her
anti-savery policy-should She venture one step be-
You'd the matter in lnine Of merely ascertainng the
national identity of the vessel when upon the African
coastal such, and numerous other cases would
not fail to the patriotic indignation of every
American; and then let come, and let the sword
hn