The Creole case was an incident in American history that began in 1841 on board a brig named Creole while it was transporting 135 slaves between Hampton Roads and New Orleans. The transportation of slaves in the coastwise slave trade flourished for about one-half of a century, or longer. Nineteen of the 135 slaves on board the Creole revolted and killed the captain of the ship, then directed that the ship be taken to Nassau, New Providence.

The Creole case generated some diplomatic tension between Great Britain and the United States, and some political rumblings within the United States, itself. Secretary of State Daniel Webster explained that the slaves were legally property, and demanded their return. The British ignored him.

In the House of Representatives (US), Joshua R. Giddings of Ohio introduced a series of nine resolutions which provoked frigid emotions towards him, and which led the House to censure him, after which he promptly resigned from that body. The voters of Ohio reelected him, soon afterwards.

At the discussions which produced the Webster-Ashburton Treaty, neither nation mentioned the incident, though the possibility had existed. The British had arrested and incarcerated the rebellious slaves, nineteen in all, and held them on a charge of murder. The arrest of the conspirators may have placated the Americans, sufficiently. Other issues were vastly more important in August, 1842.

A similar incident had taken place on the high seas in 1839 on board the Amistad.

The Giddings Resolutions

1. Resolved, That, prior to the Adoption of the Federal Constitution, each of the several States composing this Union exercised full and exclusive jurisdiction over the subject of slavery within its own territory, and possessed full power to continue or abolish it at pleasure.

2. Resolved, That, by adopting the Constitution, no part of the aforesaid powers were delegated to the Federal Government, but were reserved by and still pertain to each of the several States.

3. Resolved, That, by the 8th section of the 1st article of the Constitution, each of the several States surrendered to the Federal Government all jurisdiction over the subjects of commerce and navigation upon the high seas.

4. Resolved. That slavery, being an abridgment of the natural rights of man, can exist only by force of positive municipal law, and is necessarily confined to the territorial jurisdiction of the power creating it.

5. Resolved, That when a ship belonging to the citizens of any State of the Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and therefore are governed in their relations to each other by, and are amenable to, the laws of the United States.

6. Resolved, That when the brig Creole, on her late passage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of thar State ceased to have jurisdiction over the persons on board such brig, and such persons became amenable only to the laws of the United States.

7. Resolved, That the persons on board the said ship, in resuming their natural rights of personal liberty, violated no law of the United States, incurred no legal responsibility, and are justly liable to no punishment.

8. Resolved, That all attempts to regain possession of or to re-enslave said persons are unauthorized by the Constitution or laws of the United States, and are incompatible with our national honor.

9. Resolved, That all attempts to exert our national influence in favor of the coastwise slave trade, or to place this nation in the attitude of maintaining a "commerce in human beings," are subversive to the rights and injurious to the feelings of the free States, are unauthorized by the Constitution, and prejudicial to our national character.