Chapter XCVIII

CASE OF THE AMERICAN BRIG CREOLE, WITH SLAVES FOR NEW ORLEANS, CARRIED BY MUTINY INTO NASSAU, AND THE SLAVES LIBERATED.

At this time took place one of those liberations of slaves in voyages between our own ports, of which there had already been four instances; but no one under circumstances of such crime and outrage. Mutiny, piracy, and bloodshed accompanied this fifth instance of slaves liberated by British authorities while on the voyage from one American port to another. The brig Creole, of Richmond, Virginia, had sailed from Norfolk for New Orleans, among other cargo, having 135 slaves on board. When out a week, and near the Bahama Islands, a mutiny broke out among the slaves, or rather nineteen of them, in the night, manifesting itself instantly and unexpectedly upon the officers and crew of the brig, and the passengers. The mutineers, armed with knives and handspikes, rushed to the cabin, where the officers not on duty, the wife and children of the captain, and passengers were asleep. They were knocked down, stabbed and killed, except as they could save themselves in the dark. In a few minutes the mutineers were masters of the vessel, and proceeded to arrange things according to their mind. All the slaves except the 19 were confined in the hold, and great apprehensions entertained of them, as they had refused to join in the mutiny, many of them weeping and praying--some endeavoring to save their masters, and others hiding to save themselves. The living, among the officers, crew and passengers were hunted up, and their lives spared to work the ship. They first demanded that they should be carried to Liberia--a design which was relinquished upon representations that there was not water and provisions for a quarter of the voyage. They then demanded to go to a British island, and placing the muzzle of a musket against the breast of the severely wounded captain, menaced him with instant death if he did not comply with their demand. Of course he complied, and steered for Nassau, in the island of Providence. The lives of his wife and children were spared, and they, with other surviving whites, were ordered into the forward hold. Masters of the ship, the 19 mutineers took possession of the cabin--ate there--and had their consultations in that place. All the other slaves were rigorously confined in the hold, and fears expressed that they would rise on the mutineers. Not one joined them. The affidavits of the master and crew taken at Nassau, say:

"None but the 19 went into the cabin. They ate in the cabin,
and others ate on deck as they had done the whole voyage. The
19 were frequently closely engaged in secret conversation, but
the others took no part in it, and appeared not to share in
their confidence. The others were quiet and did not associate
with the mutineers. The only words that passed between the
others and the 19, were when the others asked them for water
_or grub_, or something of the kind. The others were kept under
as much as the whites were. The 19 drank liquor in the cabin
and invited the whites to join them, but not the other negroes.
Madison, the ring-leader, gave orders that the cooking for all
but the 19 should be as it was before, and appointed the same
cook for them. The nineteen said that all they had done was for
their freedom. The others said nothing about it. They were much
afraid of the nineteen. They remained forward of the mainmast.
The nineteen took possession of the after part of the brig, and
stayed there the whole time or were on watch. The only knives
found after the affray, were two sheath knives belonging to the
sailors. The captain's bowie knife and the jack knife. None of
the other negroes had any other knives. Madison sometimes had
the bowie knife, and sometimes Ben had it. No other negro was
seen with that knife. On Monday afternoon Madison got the pistol
from one of the nineteen, and said he did not wish them to have
any arms when they reached Nassau. The nineteen paraded the
deck armed, while the other negroes behaved precisely as they
had done before the mutiny. About 10 o'clock, P. M., on the 8th
day of November, 1841, they made the light of Abaco. Ben had
the gun. About 10 o'clock P. M. he fired at Stevens, who came
on deck as already stated. Merritt and Gifford (officers of the
vessel) alternately kept watch. Ben, Madison, Ruffin and Morris
(four principal mutineers) kept watch by turns, the whole time
up to their arrival at Nassau, with knives drawn. So close was
the watch, that it was impossible to rescue the brig. Neither
passengers, officers or sailors were allowed to communicate with
each other. The sailors performed their usual duties."

Arrived at Nassau, a pilot came on board--all the men in his boat being negroes. He and his men on coming on board, mingled with the slaves, and told them they were free men--that they should go on shore, and never be carried away from there. The regular quarantine officer then came on board, to whom Gifford, first mate of the vessel, related all the circumstances of the mutiny. Going ashore with the quarantine officer, Gifford related all the same circumstances to the Governor of the island, and to the American Consul at Nassau. The consul, in behalf of the vessel and all interested, requested that a guard should be sent on board to protect the vessel and cargo, and keep the slaves on board until it could be known what was to be done. The Governor did so--sending a guard of twenty-four negro soldiers in British uniform, with loaded muskets and fixed bayonets. The affidavits then say:

"From Tuesday the 10th, till Friday the 12th day of November,
they tied Ben Blacksmith, Addison, Ruffin, and Morris, put
them in the long boat, placed a sentry over them, and fed them
there. They mingled with the negroes, and told the women they
were free, and persuaded them to remain in the island. Capt.
Fitzgerald, commanding the company, told many of the slaves
owned by Thomas McCargo, in presence of many other of the
slaves, how foolish they were, that they had not, when they
rose, killed all the whites on board, and run the vessel ashore,
and then they would have been free, and there would have been
no more trouble about it. This was on Wednesday. Every day the
officers and soldiers were changed at 9 o'clock, A.M. There are
500 regular soldiers on the island, divided into four equal
companies, commanded by four officers, called captains. There
was a regular sentry stationed every night, and they put all the
men slaves below, except the four which were tied, and placed a
guard over the hatchway. They put them in the hold at sunset,
and let them out at sunrise. There were apparently from twelve
to thirteen thousand negroes in the town of Nassau and vicinity,
and about three or four thousand whites."

The next day the Queen's attorney-general for this part of her West Indian possessions, came on board the brig, attended by three magistrates and the United States consul, and took the depositions of all the white persons on board in relation to the mutiny. That being done, the attorney-general placed the 19 mutineers in the custody of the captain and his guard of 24 negro soldiers, and ordered them upon the quarter-deck. The affidavits then continue:

"There were about fifty boats lying round the brig, all filled
with men from the shore, armed with clubs, and subject to the
order of the attorney-general, and awaiting a signal from one
of the civil magistrates; a sloop was towed from the shore by
some of our boats, and anchored near the brig--this sloop was
also filled with men armed with clubs; all the men in the boats
were negroes. The fleet of boats was under the immediate command
of the pilot who piloted the brig into the harbor. This pilot,
partly before the signal was given by one of the magistrates,
said that he wished they would get through the business; that
they had their time and he wanted his.

"The attorney-general here stepped on the quarter-deck, and
addressing himself to all the persons except the nineteen who
were in custody, said, 'My friends, you have been detained a
short time on board the Creole for the purpose of ascertaining
the individuals who were concerned in this mutiny and murder.
They have been identified, and will be detained, and the rest
of you are free, and at liberty to go on shore, and wherever
you please.' Then addressing the prisoners he said: 'Men, there
are nineteen of you who have been identified as having been
engaged in the murder of Mr. Hewell, and in an attempt to kill
the captain and others. You will be detained and lodged in
prison for a time, in order that we may communicate with the
English government, and ascertain whether your trial shall take
place here or elsewhere.' At this time Mr. Gifford, the mate
of the vessel, then in command, the captain being on shore,
under the care of a physician, addressed the attorney-general
in the presence of the magistrates, protested against the boats
being permitted to come alongside of the vessel, or that the
negroes other than the mutineers should be put on shore. The
attorney-general replied that Mr. Gifford had better make no
objection, but let them go quietly on shore, for if he did,
there might be bloodshed. At this moment one of the magistrates
ordered Mr. Merritt, Mr. McCargo, and the other passengers, to
look to their money and effects, as he apprehended that the
cabin of the Creole would be sacked and robbed.

"The attorney-general with one of the magistrates, stepped into
his boat and withdrew into the stream, a short distance from
the brig, when they stopped. A magistrate on the deck of the
Creole gave the signal for the boats to approach instantly. With
a hurrah and a shout, a fleet of boats came alongside of the
brig, and the magistrates directed the men to remain on board
of their own boats, and commanded the slaves to leave the brig
and go on board the boats. They obeyed his orders, and passing
from the Creole into the boats, were assisted, many of them,
by this magistrate. During this proceeding, the soldiers and
officers were on the quarter-deck of the Creole, armed with
loaded muskets and bayonets fixed, and the attorney-general
with one of the magistrates in his boat, lay at a convenient
distance, looking on. After the negroes had embarked in the
boats, the attorney-general and magistrate pushed out their
boat, and mingled with the fleet, congratulating the slaves on
their escape, and shaking hands with them. Three cheers were
then given, and the boats went to the shore, where thousands
were waiting to receive them."

The 19 mutineers were then taken on shore, and lodged in prison, while many of the slaves--the greater part of them--who were proclaimed to be liberated, begged to be allowed to proceed with their masters to New Orleans, but were silenced by threats, and the captain told that his vessel should be forfeited if he attempted to carry any of them away. Only four, by hiding themselves, succeeded in getting off with their masters. The next day a proceeding took place in relation to what was called "the baggage of the passengers;" which is thus stated in the affidavits:

"On Monday following these events, being the 15th day of
November, the attorney-general wrote a letter to Captain Ensor,
informing him that the _passengers_ of the Creole, as he called
the slaves, had applied to him for assistance in obtaining their
baggage which was still on board the brig, and that he should
assist them in getting it on shore. To this letter, Gifford,
the officer in command of the vessel, replied that there was no
baggage on board belonging to the slaves that he was aware of,
as he considered them cargo, and the property of their owners,
and that if they had left any thing on board the brig, it was
the property also of their masters; and besides he could not
land any thing without a permit from the custom house, and an
order from the American consul. The attorney-general immediately
got a permit from the custom-house, but no order from the
American consul, and put an officer of the customs on board the
brig, and demanded the delivery of the baggage of the slaves
aforesaid to be landed in the brig's boat. The master of the
Creole, not feeling himself at liberty to refuse, permitted the
officer with his men to come on board and take such baggage and
property as they chose to consider as belonging to the slaves.
They went into the hold of the vessel, and took all the wearing
apparel, blankets, and other articles, as also one bale of
blankets, belonging to Mr. Lockett, which had not been opened.
These things were put on board of the boat of the officer of the
customs, and carried on shore."

The officers of the American brig earnestly demanded that the mutineers should be left with them to be carried into a port of the United States to be tried for their mutiny and murder; but this demand was positively refused--the attorney-general saying that they would take the orders of the British government as to the place. This was tantamount to an acquittal, and even justification of all they had done, as according to the British judicial decisions a slave has a right to kill his master to obtain his freedom. This outrage (the forcible liberation of the slaves, refusal to permit the mutineers to be brought to their own country for trial, and the abstraction of articles from the brig belonging to the captain and crew), produced much exasperation in the slave States. Coming so soon after four others of kindred character, and while the outrage on the Caroline was still unatoned for, it bespoke a contempt for the United States which was galling to the feelings of many besides the inhabitants of the States immediately interested. It was a subject for the attention both of the Executive government and the Congress; and accordingly received the notice of both. Early in the session of '41-'42, Mr. Calhoun submitted a call in the Senate, in which the President was requested to give information of what he had heard of the outrage, and what steps he had taken to obtain redress. He answered through the Secretary of State (Mr. Webster), showing that all the facts had been regularly communicated, and that he (the Secretary) had received instructions to draw up a despatch on the subject to the American minister in London (Mr. Edward Everett); which would be done without unnecessary delay. On receiving this message, Mr. Calhoun moved to refer it to the Committee on Foreign Relations--prefacing his motion with some remarks, and premising that the Secretary had answered well as to the facts of the case.

"As to the remaining portion of the resolution, that which asked
for information as to what steps had been taken to bring the
guilty in this bloody transaction to justice, and to redress
the wrong done to our citizens, and the indignity offered to
our flag, he regretted to say, the report of the Secretary is
very unsatisfactory. He, Mr. C., had supposed, in a case of
such gross outrage, that prompt measures for redress would have
been adopted. He had not doubted, but that a vessel had been
despatched, or some early opportunity seized for transmitting
directions to our minister at the court of St. James, to demand
that the criminals should be delivered to our government for
trial; more especially, as they were detained with the view of
abiding the decision of the government at home. But in all this
he had been in a mistake. Not a step has been yet taken--no
demand made for the surrender of the murderers, though the
Executive must have been in full possession of the facts for
more than a month. The only reply is, that he (the Secretary)
had received the orders of the President to prepare a despatch
for our minister in London, which would be 'prepared without
unnecessary delay.' He (Mr. Calhoun) spoke not in the spirit of
censure; he had no wish to find fault; but he thought it due to
the country, and more especially, of the portion that has so
profound an interest in this subject, that he should fearlessly
state the facts as they existed. He believed our right to demand
the surrender of the murderers clear, beyond doubt, and that,
if the case was fairly stated, the British government would be
compelled, from a sense of justice, to yield to our demand; and
hence his deep regret that there should have been such long
delay in making any demand. The apparent indifference which it
indicates on the part of the government, and the want of our
views on the subject, it is to be feared, would prompt to an
opposite decision, before any despatch can now be received by
our minister.

"He repeated that the case was clear. He knew that an effort
had been made, and he regretted to say, even in the South, and
through a newspaper in this District, but a morning or two
since, to confound the case with the ordinary one of a criminal
fleeing from the country where the crime was perpetrated, to
another. He admitted that it is a doubtful question whether,
by the laws of nations, in such a case, the nation to which he
fled, was bound to surrender him on the demand of the one where
the crime was committed. But that was not this case, nor was
there any analogy between them. This was mutiny and murder,
committed on the ocean, on board of one of our vessels, sailing
from one port to another on our own coast, in a regular voyage,
committed by slaves, who constituted a part of the cargo, and
forcing the officers and crew to steer the vessel into a port
of a friendly power. Now there was nothing more clear, than
that, according to the laws of nations, a vessel on the ocean
is regarded as a portion of the territory of the State to
which she belongs, and more emphatically so, if possible, in a
coasting voyage; and that if forced into a friendly port by an
unavoidable necessity, she loses none of the rights that belong
to her on the ocean. Contrary to these admitted principles, the
British authorities entered on board of the Creole, took the
criminals under their own jurisdiction, and that after they had
ascertained them to be guilty of mutiny and murder, instead
(as they ought to have done) of aiding the officers and crew
in confining them, to be conveyed to one of our ports, where
they would be amenable to our laws. The outrage would not have
been greater, nor more clearly contrary to the laws of nations,
if, instead of taking them from the Creole, they had entered
our territory, and forcibly taken them from one of our jails;
and such, he could scarcely doubt, would be the decision of
the British government itself, if the facts and reasons of the
case be fairly presented before its decision is made. It would
be clearly the course she would have adopted had the mutiny
and murder been perpetrated by a portion of the crew, and it
can scarcely be that she will regard it less criminal, or less
imperiously her duty, to surrender the criminals, because the
act was perpetrated by slaves. If so, it is time we should know
it."

The Secretary soon had his despatch ready and as soon as it was ready, it was called for at the instance of a friend of the Secretary, communicated to the Senate and published for general information, clearly to counteract the impressions which Mr. Calhoun's remarks had made. It gave great satisfaction in its mode of treating the subject, and in the intent it declared to demand redress:

"The British government cannot but see that this case, as
presented in these papers, is one calling loudly for redress.
The 'Creole' was passing from one port of the United States
to another, in a voyage perfectly lawful, with merchandise
on board, and also with slaves, or persons bound to service,
natives of America, and belonging to American citizens, and
which are recognized as property by the constitution of the
United States in those States in which slavery exists. In the
course of the voyage some of the slaves rose upon the master and
crew, subdued them, murdered one man, and caused the vessel to
be carried into Nassau. The vessel was thus taken to a British
port, not voluntarily, by those who had the lawful authority
over her, but forcibly and violently, against the master's will,
and with the consent of nobody but the mutineers and murderers:
for there is no evidence that these outrages were committed with
the concurrence of any of the slaves, except those actually
engaged in them. Under these circumstances, it would seem to
have been the plain and obvious duty of the authorities at
Nassau, the port of a friendly power, to assist the American
consul in putting an end to the captivity of the master and
crew, restoring to them the control of the vessel, and enabling
them to resume their voyage, and to take the mutineers and
murderers to their own country to answer for their crimes
before the proper tribunal. One cannot conceive how any other
course could justly be adopted, or how the duties imposed by
that part of the code regulating the intercourse of friendly
states, which is generally called the comity of nations, could
otherwise be fulfilled. Here was no violation of British law
attempted or intended on the part of the master of the 'Creole,'
nor any infringement of the principles of the law of nations.
The vessel was lawfully engaged in passing from port to port,
in the United States. By violence and crime she was carried,
against the master's will, out of her course, into the port
of a friendly power. All was the result of force. Certainly,
ordinary comity and hospitality entitled him to such assistance
from the authorities of the place as should enable him to resume
and prosecute his voyage and bring the offenders to justice.
But, instead of this, if the facts be as represented in these
papers, not only did the authorities give no aid for any such
purpose, but they did actually interfere to set free the slaves,
and to enable them to disperse themselves beyond the reach of
the master of the vessel or their owners. A proceeding like this
cannot but cause deep feeling in the United States."

Mr. Calhoun was so well satisfied with this despatch that, as soon as it was read, he stood up, and said:

"The letter which had been read was drawn up with great ability,
and covered the ground which had been assumed on this subject
by all parties in the Senate. He hoped that it would have a
beneficial effect, not only upon the United States, but Great
Britain. Coming from the quarter it did, this document would do
more good than in coming from any other quarter."

This was well said of the letter, but there was a paragraph in it which damped the expectations of some senators--a paragraph which referred to the known intention to send out a special minister (Lord Ashburton) to negotiate a general settlement of differences with Great Britain--and which expressed a wish that this special minister should be clothed with power to settle this case of the Creole. That looked like deferring it to a general settlement, which, in the opinion of some, was tantamount to giving it up.