The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-02-24


into the kingdom" have only to remark upon this
that the Government of the United States
ground tor any distinction founded alteration of
British law in the colonies. We do consider that
the question depends at all the state of British law
II is not that In such cases the active agency Of sh
law is invoked and refused is that unfriendly in
reference is deprecated and those good offices and
friendly assstances expected which Government
usually affords to citizens of friendly Power when
instances of disaster and distress. All that the
nited States require, in these cases, they would
pect In the ports of England well as in those of her
colonies Surely, the influence Of local law cannot
affect the relations of nations in any such matter
this Suppose an American vessel, with slaves law
fully on board be captured by British cruiser
as belonging to some bellgerent, while the United
States were at peace suppose such prize carried into
England, and the neutrality of the vessel fully made
out in the proceedings in Admiralty, and restoration
consequently decreed-n such case, must not the
slaves be restored exactly in the condition in which
they were when the capture made w uld any
contead that the fact of their having been carried
into England by force set them free2
! No alteration Of her own local laws either in
crease diminish, any way affect, the duty of the
English Government and its colonial authorities in
such cases, as such duty exists according to the law,
the comfy, and the usages of nations The persons
on board the Creole" could only have been regard
ed as Americans passing nom part of the United
States to another, within the reach of British auho
rity only for the moment and this only by force and
violence To seek to give either to persons pro-
perty thus brought within reach an English charac-
ter, or to impart to either English privileges to
subject either to English burdens or liabilities can
not, in the opinion Of the Government of the United
States, be justified Suppose that by the law of Eng
land all blacks were slaves, and incapable of any
other condition if persons of that color free in the
United States, should in attempting to pass from
port to another in their country, be thrown by
stress of weather within British jurisdiction, and
there detained for an hour day, would be rea-
sonabe that British authority should be made to act
I'M heir apd to 10 clio Or
suppose that article of merchandise opium for in
stance should be declared by the laws of the United
States to be nuisance, poison, thing in which
property could lawfully exist or be asserted and
board bound from one English port to another, should
be driven by stress OF weather, by mutiny of the
crew. into the ports of the United States would it be
held just and reasonable that such cargo should
ceive its character from American law, and be
thrown overheard and destroyed by the American
authorities 1t is in vain that any attempt is made
to answer these suggestions by appealing to general
principles Of humanity. This is point in regard to
which nations must be permitted to act upon differ
ent views, if they entertain different views, under
their actually existing condition, and yet hold COM
mercial intercourse with another, not hold
any such intercourse at all. 1t may be added that
all attempts by the Government of nation to force
the influence Of its laws that of another for any
object whichever, generally defeat their own pur-
poses, by producing dissatisfaction, resentment, and
evaporation. Better is it, far better in all respects,
that each nation should be left without interference
or annoyance direct or indirect, to its undoubted
right of exercising its own judgment in regard to all
things belonging to its domestic interests and domes-
tic duties.
There are two general considerations, of the highest
practical Importance, to which you will in the proper
manner invite the attention of Her Maiestys Gov
ernmen
The first is, that civilization has made progress
in the world, the intercourse of nations has become
more and more Independent of different forms of gov
eminent and different systems of law and religion
1t is not now, it in ancient times, that every
foreigner Is considered therefore an enemy and
that, as soon as he comes into the country, he may be
lawfully treated q slave; nor is the modern inter-
course OF States carried on mainly, or at ALL for the
purpose OF imposing, by one nation on another,
forms Of civil government, new rules of property
new modes of domestic regulation. The great
mnnities of The world regarded wholly indepen-
dent, each entitled to maintain its system of law
and Government while ALL in their mutual inter-
course, are understood to submit to the established
rules and principles governing such intercourse And
the perectng of this system of communication among
nations requires the strctest application of the doc
trine of non-interventon of any with the domestic
concerns of others.
The other is, that the United States and England
now by far the two greatest commercial nations the
world touch each other by sea and land at almost in
Vulnerable points, and with systems of general urs-
prudence essentially alike, yet differing in the ms
of their Government and in their laws respecting per-
sonal servitude; and that SO widely does the last
mentioned difference extend its influence that with
out the exercise to the fullest extent of he doctrine of
noninteerence and mutual abstinence from any thing
affecting each others domestic regulations the peace
of the countries and therefore the peace Of the
world always will be in danger
The Bahamas (BlitIsh possessons) push them
selves near to the shores of the United States and
thus lie almost directly in the track of that great part
of their coastwse traffic. which, doubling the Cane of
Florida, connects the cities of the Atlantic with the
ports and harbors tie Gulf of Mexico and the
orr m on he ba
seas in which these British possessions situated
are seas OF shallow water full of reefs and kars sub
Ject to violent action of the winds and to the apita
tons caused by the Gulf Stream. They must always.
therefore. be OF dangerous navigation, and accidents
must be expected frequently to occur, such as will
cause American vessels to be wrecked on British
islands, or compel them to seek shelter in British
ports. 1t is quite essential that the in which
such vessels, their crews and cargoes, in whatever
such cargoes consist, to be treated in these cases
of misfortune and Distress should be clearly and fully
known.
You acquainted with the correspondence which
took place a few years ago, between the American
and English Governments, respecting the of the
Enterprise, the Comet, and the Encomium. | call
your attention to the Journal of the Senate Of the
United States, containing resolutions unanimously
adopted by that body respecting those These
resolutions believe have already been brought to
the notice of Her Majesty's Government but it may
be well that both the resolutions themselves and the
debates upon them should be again adverted to. You
VIII nnd the resolutions, OF course, among the docu-
ments regularly transmitted to the Legation and the
debates in the newspapers with which it has been sup
piled from this Department
You will avail yourself of an early opportunity of
communicating to Lord Aberdeen, in the manner
which you may deem most expedient, the substance
Of this despatch and you will receive further ms
lions respecting the of the Creole, unless it
shall become the subject of discussion al Washington
In all your communications with Her Maesty's
Government, you will seek to impress it with full
conviction of the dangerous Importance to the peace
of the two countries of occurrences of this kind,
and the delicate nature of the questions to which they
give .ise