The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-07-25
| also admit, that the treaty contained no sltp'

also admit, that the treaty ycontained no stp
ulations in favor !ot the owners at the vessel Is
not any to prevent similar outrages in future
1t was an objection, and | admitted it to be Sc
in my speech in favor Of it, not sufficient one
to induce its rejection. But, although the trea
ty contained no stpulations to guard agains
like outrages thereafter, much nevertheless
was done in the negotiation to prevent them
and 10 place the south on much more elevated
ground in reference to the subject, than where
It stood, when the negotiation commenced.
70 understand how much was done towards
this, brief statement of facts. connected with
the case Of those reports, is necessary.
They were all coasting vessels having slaves
on board, and were all either stranded in their
voyage from The Atlantic ports to those on the
Gulf on the British possessions, Bermuda and
the Bahama I.lands, or forced to put into ports
by stress of weather TO save themselves from
shipwreck, or were carried in by rising Of the
slaves and taking the vessels into port. Their
fate was The same. The slaves were liberated,
under circumstances of more or less violence
and indgnity, by The local authority. The out.
rage was enormous, and the insult TO the Amer.
lean flag great. The first occurred as early as
the year 1880, and all under the administration
OF General Jackson or Mr.. Van Buren,, except
The Creole. Application was made 10 the Exc.
cuive by the owners for redress. After teebte
and tame negotiation of many years, the Brit.
ish Government agreed TO compensate the own.
ers in the case OF the Comet and Encomium,
but refused 10 make any in that OF the Enter
prise, OIL the ground, that the two first occur
red before her act of abolishing slavery had
gone into operation, and the other alter 1t had.
The Administration (Mr. Van Buren's) accep.
ted the compensation and ac1uiesced in the
refusal, in the case OF the Enterprise, without
remonstrance or protest, and thus waived our
right and admitted the absurd and dangerous
principle, on which the refusal was placed.
What the Administration shamefullY omitted
to do, | resolved to do through the Senate, il
possible, and with that view, and in order TO
perpetuate our claim of right ! moved in The
Senate, in 1910, the three following resolutions,
and succeeded in passing them by unanimous
vote, with some slight amendment, Col. Benton
voting for them, but not standing by me, as he
saws, for he never uttered word in their sup
port:
"Resolred, That ship or vessel on the high
seas, in time of peace, engaged in lawful voy-
age, is, according TO the laws OF nations, under
the exclusive jurisdiction of the State which
her flag belongs; as much SO as if constituting
a part Of its own domain.
Resolved, That if such ship or vessel should
be forced by stress Of weather, or other unavod.
able cause, into The port OF friendly power,
she would. under the same laws, lose none OF
thesrghts appertaiuing 10 her on The high seas;
but on the contrary, she and her cargo and
persons on board, with their property, and all
the right belonging to their personal relations,
as established by the laws Of the State TO which
they belong, would be placed under the protec.
t0n which the laws of nations extend 10 the un.
fortunate under such circumstances.
"Resolped, That the Brig Enterprize, which
was forced unavoidably by stress Of weather
into Port Hamilton, Bermuda Island, while
on lawful voyage on the high seas, from one
part Of the Union to another, comes within The
principle embraced in the foregoing resolutions;
and that the seizure and detention Of the ne.
groes on board by the local authority of the Is.
land, was an act in violation of the laws OF ma
tions, and highly unjust TO our own citizens to
whom they belong"
Such was the condition in which the admins.
tra,ion of Mr.. Van Buren, left these outrageous
cases. They never were brought TO The notice
of the public, and The principle first commended
for was surrendered; and that maintained by
Great Britain in the case of the Enterprise &C.
quesced in; and, ofcourse all claiI:s oil compen-
salion on the part ofthc owners rendered hope.
less. The following Administration had nothing
to stand on, bu, my resolutions and the vote OF
Senate in their favor. If then "lhe i'll tated
owners" were sacrificed, it was not by inc.
Their case was rendered hopeless by the pre-
cedng administration, with which Mr.. Benton
was intimately associated, and in which ne &C.
quiesced; for he never raised his voice in their
favor, in the long period of ten years. during all
which time his voice might have been potential
turn now to explain what was done in refer.
ence to this subject by the negotiation, which
ended in the AshbIron treaty, and how much
the South, which he accuses me as having a.
bandoned, has gained by it. For that purpose
| insert an extract from my speech on The trea'
ty.
"Such was the state of the facts, when The
negotiations commenced in reference 10 those
cases; and it remains now 10 be shown in wha,
state it has left them. In the first place, the
broad principle of the law Of nations, on which
Iplaced our right, in my resolutions. have been
clearly stated and conclusively vindicaled in the
very able letter of the Secretary Of State, which
has strengthened our cause no, little. as well
from its intrinsic merit, as the quarter from
which it comes. In the next place, we have
an explicit recognition olthe principles for which
we contend, in the answer of Lord Ashburton
who expressly says that, "On the great general
principles, affecting This case" rhe Creole,
"lhey do not differ; and that is followed by 'sr
engagement that instructions shall be given to
the Governors of her Majesly's Colonies, on
tho Southern borders ofthe United States to ex
ecutc their own laws with careful attention tc
the wishes of their government to maintain