The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-12
hat English law or English jurisdiction can

that English law or English jurisdiction can
apply so as to divest the legal titles of American
citizens. We will suppose case which, how
ever unpalatalle the idea may be TO some of our
Northern brethren, stands nevertheless on ''four
feet" with the at issue. Let us imagine,
then, that the laws of Canada provided that
whenever stray cattle or horses shall 60 from
one farm to the other, they shall become the
property of the owner of the soil on which they
may be found Will it be pretended that if a
herd of horses, belonging to farmer in one of
the States adjoining to the British Provinces,
were to escape from their enclosure and get
over into Canada they would come under Brit
ish law, and that on pursuing them the American
owner not could claim them as his property. We
think not; and yet, as things stand, there would
be just as much propriety in such pretence as
in the notion that American sldues, having risen
against and murdered their masters and then
gone into British port with the ship in which
they were sailing, could stake advantage Of
their own aorOng," and claim the privileges OF
freemen. If such could be the case, all comfy
| between nations would be at an end, and the
internal laws of different soveregnies would be
OF no avail. Perhaps we shall be told that ne
groes are not brutes, and therefore cannot be
put on the same footing. 1t is true that negroes
are not brutes, but under the institutions of the
Southern States, sanctioned by the fisndamen-
tai law of our Union, they are property, and
can be transferred and disposed of, in all re-
spects, as personal chaltels. We are not dis.
posed to enter upon abstract dispositions, which
can in the present instance have no application
nor weight but take the case as il stands, under
existing institutions, be they good or bad. These
institutions, the results of hard necessity, have
been recognized in all their force in the compact
formed bv the several States of our Union, and
until they are changed by the voluntary act Of
the parties in aOhons the vested right erists, no
British authority should dare, with impuny,
to infringe them. Were we to be driven by
stress Of weather into port in England, the
constituted authorities of that country would
have just as much right to steal the watch we
carry in our pocket, and appropriate it to their
own purposes, as the authorities of the BAHIA
mas have to withhold the slaves in question:
Let the New York American think as it may,
we tell them that Mr.. Webster will be sus-
tanned.
THE CREOLE AFFAIR.
We have read with much interest and entire APP
probation the letter Of Mr.. Webster to Minister
at the Court of st. James, concerning the Creole af-
fair. We are happy to find in this case, that Mr..
Webster takes the side OF PATRIOTISM common sense,
| and common Justice We the particularly
pleased with his present course, his views of the
Mcleod had led us to fear that he might possibly
prove himsefon any emergency ready to sacrifice the
honor of his country to that of England. In the
| Mcleod case he unquestiOnably in the wrong,
and all the sophstry of his parsans will never be able
to make him right or wipe out the deep stain of his
letter ofinstructlons to the Attorney General, Mr..
CIittenden. But, in the present case, he has Ia
ken the ground, and assumed in regard 10 Eng
land, the attitude demanded by national honor and in
| dependence.
The circumstances of this case may be gathered
from the following extract which make from the
Secretarys letter:
"lt appears that the brig Creole, of Richmond, Vr-
gina, insor, master, bound to New Orleans, sailed
from Hampton Roads the 9th of October last,
with cargo Of merchandise, principally tobacco and
slaves (about 1876 in number) that on the evening of
the 7h Of November, of the slaves upon the
crew of the vessel, murdered passenger named Hew
ELL who owned some of the negroes, wounded the
Captain dangerously and the first mate and two of
the severely; that the slaves obtained com
pete possession of the brig which, under their direc
tion taken into the port of Nassau in the island
| of New Providence where she arrived on the morn
ing of the 9th of the same month that at the request
of the American Consul in that place, the Governor
ordered guard board TO prevent the escape of the
nutineers and with view to investigation of the
circumstances of the CASE that such investigation
accordingly made by two British magistrates, and
| that examination also took place by the consul
that the report of the nineteen of the
slaves imprisoned by the local authorities, ha-
wing been concerned in the muliny and MURDER and
their surrender to the Consul to be the Uni
ted States for trial for these crimes refused on
the ground that the Governor wished first to commu
nicate with the Government in England the sub
iect that through the interference of the Colonial
authorities and even before the military guard
moved the greater number OF the remaining slaves
were liberated and encouraged to 60 beyond the pow
er of the master of the vessel or the American Con-
sui by proceedings which neither ofthem could
troll"
Assuming the facts to be here stated the obvious
duty of the local authorities of Nassau to assist
the American Consul in putting end to the cap
tvity of the master and crew, restoring to them the
command of their vessel and enabling them TO resume
their voyage and to take the muneers and murdercr
to their country for their crimes before
the proper tribunal The complaint of our Govern
ment isl. That the local authorities refused this
active assistance q That they interposed to berate
the slaves board--and g. That they prevented the
Consul from sending to their country the mutt |
neers and murderers to be tried for their offences
Our Government is obviously in the right so far as
| it Is question between 1t and Great Britain. If an
| American vessel prosecuting lawful voyage having
| no slaves on board had by the mutiny of ME crew.
illegal violence, been forced into Nassau ques
ton could have arisen to the duty of the author
| ties at that port. The comfy of nations would make
it obligatory those authorities to assist the
| in recovering command of his vessel, and in TAX
ing the mutineers to their country be tried for
their offences. 1t is hard to what difference the
question o.. slavery make in the legal bearing of
the Ii may be very wrong for our Government,
| to hold slaves or to suffer men to be held to serv
tnde; but this is question for to settle-a ques-
ton to be discussed among ourselves not with Great
Britain. II is a question of muncipal law and not of