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BY WILLIAM S. JONES.
&c.
THE WEEKLY
CHRONICLE AND SENTINEL
Is Published every Wednesday,
at two dollars per annum
IN ADVANCE.
TO CLUBS or INDIVIDUALS sending us Ten
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L'HE CHRONICLE AND SENTINEL
DAILY AND TRI-WEEKLY,
> Ate also published at this office, and mailed to sub
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Daily Paper 810 per annum.
lat-WgaaLT Papbb 5 “ “
TERMS OF ADVERTISING.
Is Wbbkly.—Seventy-five cents per square (12 j
lines or less) for the first insertion, and Fifty cents
for each subsequent insertion.
Jror Sale.
Valuable Real Estate.
ADMINISTRATOR’S Sale.— Will be sold,
on the first Tuesday in December next, at the
Market-house in the town of Louisville, Jefferson
county, the following described lands, situate in said
county, and sold tinder an order of the honorable the
Inferior Court of Richmond county, when, sitting for
ordinary purposes, for the benefit of the heirs and
creditor* cf Hani Fitzsimmons, deceased! < •*- '
TOWN PLANTATION.
That well known, extnasbe end valuable estate,
/ eor»*sin;r«g 4742 ac.c*, u. which 2900 are open and
under good fences, situate on Dry and Spring Creeks,
bounded westwardly by the Ogeechee river, six
miles above where it is crossed by the Central Rail
road. The improvements are of a substantial kind,
and in good repair, embracing al! that is necessary
and usual, on a large and well ordered plantation,
among which is a water power occupied by a cotton
gin, a grist mill and a saw mill; the latter convenient
to an adequate supply of pine timber.
This plantation and lands will be subdivided, and
if desirable, offered in three portions. The same can
be examined atony time upon application to the pre
sent occupant, Mr. Owen P. Fitzsimmons, or it
absent, to his Overseer.
ALSO—THE GREENE PLACE,
Contiguous to Old Town, containing 600 acres of
pine land, well timbered and convenient to the Saw
Mill.
ALSO—THREE LOTS,
Containing together 551 acres of Pine Land, on the
opposite side of the river; known as a portion of the
Foray th five bounty tracts, and by Nos. 4, 5 and 14,
in the sub-division made in 1345.
ALSO—THREE LOTS,
Containing together 457 acres of Pine Land, conti
guous to the foregoing, and known as part of the Tur
ner place, on Boggy Gut, Nos. 22, 23 and 24.
Terms—One-third cash, balance with interest from
date on the Ist January, 1851, approved notes and
► mortgage on the property.
ROBERT F. POE, )
WILLIAM J EVE, \ Adra’rs.
GEORGE W. CRAWFORD, )
The papers in Savannah, Macon and Milledgeville,
will publish the above weekly until day of sale, and
forward accounts to this office.
/ October 2, 1849
FOR SALE.
THAT WELL KNOWN and
valuable SETTLEMENT OF LAND,
““the residence oft he late William Gar-
METT, deceased, of Walton county, situated about—
• three miles from Social Circle, and six from Monroe,
on the Alcovy River, containing nne thousand acres
. of land, at least four hundred of which is wood land
and well timbered ; a considerable quantity of fine
river low-grounds. There are upen the premises a
most excellent spring of pure water, Dwelling House
and all necessary farm buildings, large Gin House,
Packing Screw, and good Orchards.
The above lands arc offered at the very low price
of Four Thousand Dollars ; one-half cash, the balance
on a credit until the let January, 1851.
JOHN SCOTT,
BENJAMIN T. RUSSELL.
Social Circle. au2-wtf
LAND AND NEGROES FOR SALE?
M THE SUBSCRIBER offers for
Sale the tract of Land on which he re-X£»
Columbia county, containing Five Hundred
and Sixteen Acres, with a good farm and comfortable
residence, and the necessary out-buildings. He will
also sell with the laud his Plantation Negroes, con
sisting of men, women and children, most of them
very iikelv and valuable. Terms will be liberal.
Persons desiring to purchase will please call and ex
amine the property. PETER WRIGHT.
au 7 wt NI
VALUABLE LAND FOR SALE.
THE SUBSCRIBER offers for
Hijjj sak 150 ACRES OF LAND, adjoining
and forming a part of the Village of So- -A
eia! Circle. Sixty acres improved with a good two
’ s’nry Dwelling, (»« town) new Kitchen and Smoke,
House, and other comfortable buildings. A barg&in
r will be sold in the premises.
. V. H. CRAWLEY.
Social Circle, March 5, 1849. wtf
r Valuable Lands for Sale,
THE SUBSCRIBERS offer for sale a
<MS VALUABLE PLANTATION in Putnam
-A- county, between Warren’s and Little’s Ferries
on the Oconee River, known as Wilson Bird’s, Esq.,
and formerly owned by the late Joel Hurt.
s. The above Plantation contains 2,100 acres, and
lies on the Oconee River, the River making a fence
to one-fourth of it. It has 159 or 200 acres of rich
bottom land, lying above all ordinary high water, and
in a high sta‘e of cultivation. It also contains 600
acres of heavily timbered Oak and Hickory Land,
well interspersed over the tracts. The entire trac?.
under a good fence, and the open land in a fine state
of cultivation. The place has a good Dwelling house,
a large new Gin house and Screw ; also good Negro
L houses, sufficient to accommodate 75 or 80 negroes,
[ good Cribs and Stables, everything complete to make
a crop. All of which we will sell low, and on terms
easy to the purchaser. We deem it to be one of the
most desirable plantations in this part of Georgia.—
Any person wishing to examine the land will call on
Mr. Broom, living on the place, who will show it.
All communications addressed to either of the sub
scribers al Sputa, will meet with prompt attention.
JAMES B. RANSONE,
a26‘Wtf JAMES B. EDWARDS.
FOR SALE,
ATONE-THIRD LESS than it originally
cost, a first rate Breast or Pitch-back WATER
WHEEL. It has only been run about two and a
half years, and is calculated, with a ten fool head and
fall, to drive a factory ol 2,000 spindles and 40 looms.
It w.is built by a first rate workman, and is so ar
ranged that it can all be taken to pieces, without in
jury. It is furnished with a Segment Wheel and
Pinion, lor driving an upright shaft. For fur her
f particulars, inquire of the subscriber, at Newton Fac
tory, Ga. JOHN WEBB.
| 524 wlamtf
VALUABLE LAND FOR SALE.
STHE VNDKRSIGNKD wIU
sell the body of Lend on which ho
resides, situate two and n half inilea
Southwestern Railroad Depot, west of Flint
river, Macon county, Georgia—containing between
1,100 and 1,800 acres.
Accenting to'he best judges, a portion of thisplan-
♦ tat ion, the present season, crop not yet being
gathered) without the aid of manure and amidst
the most tremendous floods of rain ever known to
fall, will produce from 70 to $U bushels of com per
acre. The average yield of the place will be at
least 40 bushels per acre—cotton equally good. A
Grist Mill, with two runs of stone, a bountiful sup
ply of the beat spring together with a depo
rite of lime and to manure the place
Tengih of time, are some of its advan
-pX**,'‘ngei». As no one would be likely to purchase with
out looking and fudging for himself, a further de
scription is deemed useless.
»22-w?t» J. C. HF.LVENSTON,
hotels.
COHUTTA SPRINGS.
THE PROPRIETOR of thiade
■jd Hghtful WATERING PLACE, would
I*'* respectfully anmxmce to the poblic, -**•*«-
that he w now prepared to accommodate from one
hundred to one hundred and fifty visitors, in as com
fortable and complete a style as any similar estab
lishment in Upper Georgia.
The Springe aro located in the county of Murray,
at the base of the Cohutta Mountain, about twenty
inilee from Dalton.
an3LwS WILLIAM WORLEY.
HOWARD HOUSE,
MARIETTAGEORGIA.
WK ARK GRATIFIED to inform the
■i'.g P«btie, and especially travellers from the low
country, that the HOWARD HOUSE having
passed intoour agency, we are determined to do away
with the complaints that Marietta doe* not afford the
requisite conveniences by which visitors would be
induced to sojourn in this delightful locality.
The Howard House is now renovated, and accom
modations prepared which cannot fait to please.—
The chambers arc pleasant and conveniently fur
nished* The table will be amply supplied with every
luxury the country affords. Attentive servants ate
engaged. In short, ts agreeable quarters, a well spread
table, cleanliness and attention, joined with moderate
ebarges, can please, we assure our patrons that they
will bo found at the HOWARD HOUSE.
sl-w4 DIN FLETCHER.
MARIETTA HOTEL.
W.ff' THE UNDERSIGNED begs leave to
inform the public and his friends, that he has
taken a lease of this establishment and will open it
for the reception id* boarders and visitors the first of
September next, when he hopes by his prompt atten
tion to the business, and his anxiety to render his
guests comfortable, to secure a liberal patronage.
•nlB-Wtf J. F. ARNOLD.
WASHINGTON HALIT,
« atlasth GKOROI.V,
BREAKFAST AND DINNER HOUSE FOR PAS
SENGERS.
ZWK MEALS always in due season fcr the de-
Kffi parl.irv of the cars, A sh’-nj of public putr.xi-
SBX a g. « respectfully solicited.
•y3O-wly HOLCOMBE* RICE.
~ HOTEL !~
E MRS. W. J. JONES araih herself of
the opportunity to announce to the friends and
fauna, oi her 1.-.te husband (W. J. Jox«s\ and the
c feoerwllv, that she iatemis keeping open the
H«»i kept by fcjm ,i APPLING- nod w
"”*• a eoMMoance oft he patronage hitherto bestowed
Ul * boaw. She hopes by her unremiued eaer
attention to the duties of her station to merit
th. arftt.Utu.a ot thorn who may favor her wnh a
*_. n V- 9
SA?-? I ‘n O11 !' September
dtWS u Cbartoeton will bn one doL’o- er
bale. .V W. J. MAGRaTH,
OFFICIAL PAPERS
RELATING TO THE DIPLOMATIC
MISUNDERSTANDING BETWEEN THE
GOVERNMENT OF THE UNITED STATES
AND THE MINISTER OF FRANCE TO
THIS COUNTRY.
I Translation of a note from the Minister Plenipo
tentiary of France.
Legation of France in the U. States, ?
Washington. Feb. 7, 1849. )
Str.* The Minister of Foreign Affairs has
■ submitted to me a claim, brought by a French
man. established in Mexico named M. A. Port,
for indemnification for damages sustained by
him from the acts of certain agents of the Army
of the United States, in consequence of the sale
of five hundred bales of tobacco, which had
been adjudged to him. A Court of Equi'y as
setnbled at Puebla, has already pronounced
upon this affair, and the decision of this court
has been approved and considered as definitive
by General Scott. General Butler, who suc
ceeded the latter in the command, did not. how
ever, wish to deprive Mr. Port of the faculty
of appealing to a higher authority, and he gave
orders to Colonel Childs, the Commandant of
’ the city of Puebla, to lay all the circumstances
| of this claim immediately before the Secretary
of War of the United States.
From what has been said above, it appears
that the Government of the United States has
already taken up the matter, which I am charg
ed to prosecute here. 1 pray you, sir, to do
me the favor to inform me what issue your
Government intends to give to the claim of
Mr. Port.
I embrace this occasion to assure you, sir, of
my high consideration.
Guillaume Tell Poussin.
To the Hon. J. Buchanan, Secret: y of State.
Note from M. Poussin to the Secretary of State.
Washington, March 23, 1849.
M. Poussin presents his compliments to Mr.
Clayton, and would be happy to know of a fa
vorabie decision on M. A. Port’s claims sub
mined to the honorable the Secretary on Sat
urday, the 17th.
M. A. Port is waiting anxiously for the issue
of his just claim previous to leaving for Pue
bla, in Mexico, where he is established.
Note from M. Poussin to Mr. Clayton.
Washington, March 28, 1849.
The undersigned presents his compliments to
Mr. Clayton, and respectfully begs to be in
formed whether, as it was promised, M. Port’s
claim is under his consideration ; this gentle
man’s presence at Washington, to the great
disadvantage of his business in Mexico, being
entirely depending upon the issue of his claim.
The undersigned avails himself of this oppor
tunity to renew to Mr. Clayton the expression
ofhis high consideration.
Guillaume Tell Poussin.
Hon. J. M. Clayton.
Letter from Mr. Clayton, Secretary of State, to
M. Poussin.
Department of State, March 28,1849.
Sir: I have to acknowledge the receipt of
your note of the 7th ultimo upon the subject of
the claim of Mr. A. Port, a French citizen do
miciled in Mexico, arising from his having been
deprived by orders of the United States Gene
ral in command at Puebla of 500 bales of to
bacco which he had purchased at a public sale
under the authority of Colonel Childs, who
previously commanded at the same place
Your note having been referred to the Secre
tary of War for information, I have the honor
to communicate a copy ofhis reply under date
of the Ist instant and of the documents by
which it was accompanied.
After a careful consideration of these papers,
in connexion with those which accompanied
your note, I have come to the conclusion that
Mr. Port had no just cause to be dissatisfied
with the award of the Military Court of Inqui
ry which was convened at Puebla for the pur
pose of examining ihe conflicting claims to the
tobacco in controversy. Under these circum
stances no sufficient reason is perceived for dis
turbing the decision of that Court.
I avail myself of this occasion to offer to you
renewed assurances of my very distinguished
consideration. John M. Clayton.
Translation of a note from the Minister Pleni
potentiary of France.
Legation of France, ?
Washington, March 30. 1849. J
To the Hon. J. M. Clayton, Secretary of State.
Sir: I received on the2Bth instant the letter
with which you honored me, in answer to
mine, requesting your attention to tire demand
of Mr. z\. Port, a French citizen, residing in
Mexico, in appeal from a decision, given at
Puebla on the 20th of November. 1847, by a
military court. The claimant does not now
attack the whole effect of this decision; five
hundred bales of tobacco, which had been sold
to him by the American authorities, have been
taken from him by those same authorities.
Mr. Port does not ask that these orders, long
since executed, should be declared void ; but
as, in consequence of the annulment of the
sale thus made to him, his interests have been
really damaged, he claims a fair indemnification
for his losses.
in support of this claim, I shall present the
following summary of the circumstances on
which tris founded.
' On tTO 16th of October, 1847, Captain Web
ster caused a notice, to the following effect, to
be posted up in the principal streets and squares
of the city us Puebla:
** notice.
“ October 16. 1847.—0 n the 19th instant, at
3 o’clock in the afternoon, will be sold at auc
tion, at the Barracks of San Jose, 500 bales of
tobacco.”
Mr. Port appeared as a bidder ; and the to
bacco was assigned to him, as the purchaser of
fering the highest price. Mr. Port bought it at
twenty-four dollars the bale; on the 27th of
October he sold it to M. Abadie at thirty three
dollars; and on the 13ih of November M. Aba
die sold it to Musquiso, the agent of Messrs.
Gamin & Co. Meanwhile Mr. Port received
from Captain Webster a letter, dated October
3U:h. in the following terms:
“ Sir: Be so kind as to suspend for a moment
the sale of the tobacco which you purchased
from me ; you perhaps know that it is all claim
ed by M. Domereq ”
M. Port was in fact not ignorant thatM. Do
mereq had said that he was the owner of the
tobacco on the day before; but as he hadal
ready sold the merchandise, and considered
himself entitled to regard the sale made to him
by the American authorities good and solid, he
answered as follows on the3lst ofOctober :
“To Captain Webster. Sir: I have the
honor to answer your letter of the 30th instant;
and I inform you that I sold the five hundred
bales of tobacco to M. Abadio on the 27th of
this month.”
It was not until the 29th of October that M.
Domereq addressed his claim to Brigadier Gen
eral Lane; he established his title to the own
ership of the tobacco ; he proved that the to
bacco had been sold to him on the 6th of June,
by the orders of Major General Worth; and
on the 20th of November a military court de
creed that the merchandise should be restored
to him, in despite of the contract afterwards
made with M. Port. On the 30th November
an officer and eight soldiers of the American
army, charged with effecting the restitution,
broke open the doors of the store house, where
M. Port had deposited the tobacco, and he was
deprived of it.
M. Port had in the interval resold the mer
chandise of which he was thus stripped, and
had cleared $4,500 net upon the operation ; for
he bought at $12,000 and sold at $16,500.
This sum was paid to him at Puebla on the
sth of November. 1847 : and he was thus to be
forced to give it back, as the annulment of the
sale which had been made to him involved the
annulment of the sale which he himself had
made; and he thereby lost $4,500, which, af
ter entering legitimately and positively into
his possession, was to be taken from him by
the act of the American authorities. This is
not all. M. Abadie, on his part, had realized
a profit of SI,OOO nn the tobacco, as he had
sold for $17,500 what he bought al $16,500.
This profit he lost in consequence of the an
nulment of the sale ; and, availing himself of
his remedy agaiiwtthe seller, he summoned M.
Port to restore to him the sum of $ 1,000, which,
added to the $4,500 already lost by M. Port,
raised the entire loss of the latter to $5,500.
This is the amount now claimed by M. Port.
These facts speak clearly enough of them
selves; too clearly to require any longer ob
servations upon them. What, then, are the
objections made to them?
Here, sir, 1 am led to examine the documents
which accompanied your answer of the 28th
instant. You there’ inform me. very briefly,
and without even indicating the reasons on
which your decision rests, that alter comparing
the documents sent to me with those which I
had presented to you. you have been led to the
conclusion that M Port has no right to be
dissatisfied with the decision given against
him.
What are these document which, when com
pared with those furnished by M- Port are in
your opinion calculated to invalidate our
claim ? Allow me. sir, to examine them in an
order different from that in which you present
them to me.
I find, in the first place, a letter from Capt.
Webster to the Secretary of War. dated Feb.
25. 1849; and. after attentively reading it. eo
far from finding any new tacts, it only corrobo
rates, in my judgement. the statements ofM
Port. It is therefore not this letter which could
have dictated your decision.
I find, in the second place, two letters, dated
the 7th of March, 1848, one from Major Gen
era! Buller to the Secretary of War. the other
from -Mr. Lay to Col. Childs. Tho first letter
informs the Government of th* United States
that Col. Childs has received orders to address
directly to Washington a detailed report of the
affair ofM. Port; the second letter contains
this order, sent to Col. Childs by Mr. Lav in
the name of Major General Butler. The order
seems to have been entirely forgotten by Col.
Childs. Without insisting upon this, howev
er, I merely establish here that these letters
do not in any way affect the affirmations ofM.
Port.
1 will say the same of a voluminous paper
containing the details of the proceedings be
fore a mihtary conrt assembled at Puebla on
the 9ih ot May, 184c*. Thedecieiou of this
court, which estabi abea the ownership ot M.
Domereq. is utterly foreign to our claim, as our
clann is not against the right of M. Domereq
to the ownership of the tobacco, but it is simply
a demand for indemnification for the losses
'sustained by M. Port in coMennence of the
violent seizure of that properly from him.
1 come at last, Mr. Secretary of State, to two
documents, the only ones which could have led
vou to refuse to admit the claim presented to
you by me. These are two letters from Col.
Childs to the Secretary of War, the one dated
February 23, 1848. the other February 23.1849.
These two letters azree well enough with each
other ; they both impute fraudulent manoeu
vres to M. Port, and accuse him of of collusion
with M. Wengierski, the Secretary and inter
preter of Col. Childs.
The accusation, sir, is one of such a charac
ter that it should not be made on light grounds.
If Col. Childs can furnish the proof of what he
advances as a fact, he ought to do so ; or,
rather, he should have done so on the day when
he ventured to appear as an accuser. The ve
ry words of the deposition made by Col.
Childs on the 19th of November, 1847, before
the military court at Puebla deserve to be here
i quoted. ‘‘The witness is of opinion,” says
I the deposition, “that M. Port was in collusion
j with his secretary ; that they had a criminal un
derstanding with each other to speculate in the
i tobacco, to the injury of the first purchaser,
Domercq. His reason for this opinion is. that
so large a quantity of tobacco could not have
been sold in Puebla without the fact being
known to all the tobacco dealers. Col Child’s
secretary died a short time after the sale made
by the Quartermaster. Col. Childs has every
reason to believe that his secretary was to re
ceive two dollars per bale from the last purcha
ser, M. Port, and he has been informed that one
thousands dollars were due to the estate of
Wengierski by M. which he had not
thought proper to coftecribforeihe termination
of the ease at Puebla.”
Now, what do we find iu this evidence ?
Two allegations, 1. that M. Port has been guilty
ofcollusiou with the secretary of Col. Childs;
2. that, in consequence of speculation made
in concert with M. Wengierski, M. Port owes
the latter person SI,OOO.
In order to establish the fact of collusion Col.
Childs reasons thus: The sale made to M.
Domercq was public, and it is, therefore, im
possible that all the tobacco dealers at Puebla
should not have been informed of it.
To this reasoning I have five objections to
offer : 1. M. Port is not a tobacco dealer; 2
M. Port was absent from Puebla on the 20th
of May, 1847, the day on which the sale ofthe
tobacco was ordered by Major Gen. Worth;
he was also absent on the 25th of May, when
thg sale was made by Capt. Allen to Mr. Har
gous: and he was moreover absent on the 12th
of June, when the tobacco was sold and deliv
ered to M. Domercq. M. Port thus might well
have been ignorant of the two sales made by or
der of Gen. Worth. 3 M. Port affirms that
lie never had any private relations with M.
Wengierski, and no proof is brought a
gainst this affirmation ; 4 M. Port, who re
turned to Puebla in the beginning of August,
and who, since that time, rendered more than
one service to the American army, quitted Pue
bla again on the 10th of September, 1847, and
did not return until the 16th of October, 1847
The sale of the tobacco was advertised on the
16th of October, the day after M. Pori’s return,
and he could, therefore, have had only a few
hours to enter into any arrangements as to this
sale with Col Child’s secretary. 5. One ofthe
documents which you, sir, sent to me on the
28th of March, the letter from Gapt Webster to
the Secretary of War, dated Feb. 25, 1849,
proves that Col. Child’s secretary, M. Wen
gierski, addressed Capt. Webster, and declared
to him that he would himself purchase the to
bacco at $22 the bale. M. Port brought it at
$24; and there could, in consequence, have
been no collusion between M. Port and Col.
Child’ secretary, because they were both bid
ders, and the one overbid the other. It is not
ea«y to discover what could have been the ob
ject of such a manoeuvre in the case in question
To Colonel Child’s second allegation, that
M. Port owed $1,006 to M. Wengierskiat the
lime ofthe death of the latter. I answer, in M
Ports name, bf a formal denial; and Colonel
Child’s is summoned to demand that sum ofM.
Port, provided that he can establish the indebt
edness of M Port to M. Wengier&ki.
Such, Mr. Secretary, are on the one hand,
the allegations of Col. Childs, and, on the oth
er, the answers which we make to them.
Allow me, sir, in concluding, to remark up
on the strangeness of the position assumed by
Col. Childs. The Legation of France can
not and will not make itself the echo of the re
ports, more or less well founded, which have
been current with regard to Col. Child’s con
duct in this affair ; nor will it press certain facts
imputed against him, which it would be per
haps easier to prove than he could prove
the charges brought by himself. The Legation
ofFrance has no concern with these allegations
divested of proof, against the honor of a man
whose good faith should not be questioned.—
It would, however, be very easy at any time
to get rid of a contract and to put down just
claims, if nothing more were necessary for the
purpose than to reply to the claimant by insult
and defamation.
I venture, Mr. Secretary of State, to hope,
while I pray you again to examine this case,
that vou will obtain from the Government of
the United States a determination more favor
able than that which you have announced in
your letter of the 29th of March, 1849.
Accept sir, 1 pray you, the assurances of my
very high consideration.
Guillaume Tell Pousin.
The Secretary of State to M. Poussin.
Department of State,>
Washington, April 10, 1849. J
Sir: I have had the honor to receive your
note of the 30th ultimo, in reply to that of the
28th, addressed to you by this Department, on
the subject of the claim of Mr. A. Port, a
French citizen, against the Government of the
United States. You are correct in saying that
I did not set forthat length the reasons which
led me to the conclusions communicated in
that note. This, however, must be imputed
to no doubt on my part as to the adequacy of
those reasons, but to a presumption that you
would necessarily arrive at the same conclu
sion if you bestowed upon the documents a
full examination. In the correctness of most
of the facts stated in your breviate of the case
1 entirely concur, but yon mention one which
lean nowhere find substantiated by the evi
dence, and to which it is important I should at
the outset invite your attention. Yon observe,
“Mr Port was in fact not ignorant that Mr. Do
mercq had said that lie was the owner of the to
bacco on the day before,” [29lh October.]
Not being able lo find any proof of this state
ment, I must be allowed to ascribe it either to
anoversighton your part, or to a design to
convey an impression that Mr. Port was not
aware that Domercq was the owner of the to
bacco until that time. No such impression is
warranted by the testimony. On the trial of
the case before the military court at Puebla,
Mr. Domercq, al Mr. Port's own request, was
examined as a witness in his behalf. The fol
lowing is a material part of his examination :
‘•Question. Did I not, on several occasions,
inform you that I intended to buy the tobacco.
Answer. The first time I ever heard any thing
on the subject was one day when Port called
in my hearing on the son of the Spanish Con
sul and asked him if he did not wish to join him
in the purchase of the tobacco ? The reply
to which was, No ; for it is the property of
a friend, and yon will make yourself liable to a
reclamation. Some day or two after Port told
witness he had purceased 500 bales of the to
bacco, and asked him if he did not wi«h to join
him in the purchase, to which he replied in the
negative, for he did not wish to buy hi* own
property. Port answered- that made no differ
ence, that he could always interpose his
claims.”’
Nuw, it seems to me, sir, that this establishes
in the most positive, and irrefragable manner
the fact that, prior to the sale ot the tobacco to
him, under the authority of the United States.
M. Port was aware that the tobacco was pri
vate property, and that the sale was about to be
made in ignorance of that fact. This testi
mony is confirmed by circumstances mention
ed in the testimony of Col. Childs in his exam
ination before the same court. Sensible, ap
parently, of the importance of showing that
Mr. Port, when the tobacco was sold to him,
did not know that thfc United States were with
out title to it, you endeavor to invalidate the
testimony of Colonel Childs, by asserting
that Mr. Port could have had no knowledge of
the previous sales of the tobacco, because he
was not in Puebla at the time of the sale to
Mr. Hargous or to Mr. Domercq ; that he left
that city on the 10th September. 1847, and
did not return until the 15th October, the day
before the advertisement of the sale at which
tie purchased. Supposing these allegations
to he true, (and 1 do not question that you be
lieve them,) it is strange that no proof of them
was adduced before the military court at Pue
bla. Had this been done, it cannot be doubted
that due weight would have been allowed to
them. Inasmuch, however, as they now rest
on the statement of a witness, in considering
the testimony 1 am under the necessity of re
jecting them entirely.*
You also deny the assertion of Col. Childs
that Mr. Port was a tobacco dealer. By this
you doubtless intend to repel the presumption
that he could not have taken such an interest in
the transactions in that article at Puebla as must
necessarily have led to a knowledge of the pre
vious sales of the tobacco. It may be that trading
in tobacco was not M r. P’s sole business,but the
very fact of his purchase and sale in this in
stance is a sufficient answer to the unqualified
statement that he was not a tobacco dealer.
If. therefore, the legal testimony only in the
case as it stands be regarded, I must deem it
incontestable that Mr. Port, at the time he
made the purchase, was privy to the fact that
the tobacco was private property. Now. it is
presumed that you would not claim on his be
half from the United Slates more than the
Mexican courts would have awarded to him,
supposing that he had knowingly bought the
property of an individual which the seller, also
an individual, had sold without being aware of
the true owner, and which property was subse
quently restored to the true owner by process
of law. If lam correctly informed, the Mex
ican law declares that in such a case the pur
chaser shall not only not recover damages of
the seller, but shall not even be entitled to a re
turn of the purchase money.
These, sir. are the grounds for my opinion
that the military court at Puebla, in decreeing
to Mr. Port a restitution of the money which
he had paid for tbe tobacco with interest there
on. had rendered him substantial justice, and
that it was no part of their duty, nor is it now
•la fact, however, tbe sale did not take place until
the 21st, which afforded Mr. Port ample leisure to
make such arraugemenis and acquire such inform*-
ik® as he might have deemed necessary for his inte
rests.
AUGUSTA, GA., WEDNESDAY MORNING, OCTOBER 3. 1849.
the duty of this Government, to guaranty the
speculations made by him in an article purchas
ed under such circumstances. This opinion is
I not, in my judgment, shaken by the remarks
I contained in your note.
I avail myself of this opportunity to renew
to yon, sir, the assurance of my high considera
l*on* J. M. Clayton.
To Win Tel! Poussin.
Translation of a Note from the Minister Pleni
potentiary of France.
Legation of France. ?
Washington, April —, 1849. 5
To the Hon. John M. Clayton, Secretary.
Sir: I received on the 10th instant the letter
which you did me the honor to address to me,
in answer to one wherein I presented the prin
cipal reasons which should, in my opinion, in
duce you to admit the claim of M. A. Port.
You endeavor to establish in that letter that
M. Port knew, at the moment when he became
the purchaser of the tobacco, that it was the
property of iM. Dorrnercq, and not of the Uni
ted States; then, proceeding upon this hypo
thesis, you go on to say that M Port, so far
from being entitled to reimbursement of the
sums lost by him in consequence of the annul
ment of the sale made by him to M. Abadie,
did not even deserve to have restored to him
the sums which he had paid into the hands of
Quartermaster Webster as the price of what
he had bought from the United States.
Permit me, Mr. Secretary of State, to ob
serve to you that in reasoning thus, you go,
rather singularly, beyond the decision of the
court martial held at Puebla on the 17th of No
vember, 1847.
This military court which permitted Col.
Childs to carry out, without interruption, his
string of calumnies incredible, was certainly
by no means over favorable to M. Port, yet it
refused to recognise in M. Port that bad faith
which, in your opinion, might relieve the Uni
ted States Government from the charge of re
turning to this Frenchman the sums paid by
him into the American coffers, and employed
for the sapport of the army.
It is among the evidence given before this
court, which did not admit of bad faith, that
you seek for proofs of tnat bad faith. You cite
with this object the questions addressed by M.
Port to M. Dormereq, and the answers given
by the latter. It would be easy, Mr. Secretary
of State, for me, by examining each word of
this portion of the inquiries, to establish be
yond question that, so fur from its being against
us, it serves effectually to overthrow the alle
gations of Col. Childs; but I shall limit my
self to an account of the explanations given
on this subject by M. Dormereq himself to the
Legation of France, on the 12th of April,
1849. M. Dorrnercq then declared—
1. That, while in Puebla, he gave no notice
whatsoever, in* a direct manner, to M. Port,
before the day of the sale of the five hundred
bales of tobacco.
2. That, while at Puebla, he did not, except
on the 19th of October, address to Col. Child's
secretary his claims, which, from reasons that
we do notand wish not to learn, remained with
out effect.
3. That the conversation between M. Port
and the sou of the Spanish Consul, to which
allusion was made in the court at Puebla, may
have related, not to the five hundred bales of
tobacco already bought by M. Port, but to the
other lots of the same tobacco which were af
terwards to be sold at the same place.
These declarations, sir, are in support of
those <f M. Port. I do not, therefore, hesi
late to believe that, taking into consideration
the different proofs which favor M. Port, and
admitting, on the other hand, that a man should
always be considered as acting in good faith
until the contrary be proved, you will acknowl
edge the good faith of M. Port.
I have yet, sir, to answer two objections
which you have made to the reasoning con
tained in my letter of the 30th.
When I told you that M Port is not a tobac
co dealer, I meant this in answer to the depo
sition of Col. Childs, when he uses these words:
“ Witness is of opinion that M. Port has ren
dered himself guilty of collusion with his secre
tary; that they had a criminal understanding
with each other, to speculate in the tobacco to
the injury of the first purchaser. Domercq.
His reason for this opinion is, that so large
aquantity of tobaccocould not have been sold in
Puebla without the fact being known to all the
tobacco dealers.”
My reasoning was this: A man not habitu
ally engaged in the tobacco trade, but who en
tered into it once only when seduced by op
portunity, may very fairly be supposed to be
ignorant of the special operations of that busi
ness, which tobacco dealers alone are interest
ed in learning; but, even if M. Port were a
tobacco dealer, does it necessarily follow, as
Col. Childs concludes, that he must have en
gaged in a criminal understanding with M.
Wingierski, and have rendered himself guilty
of collusion? Really, sir, if there is in ail this
an unqualified assertion, it is not mine, but that
of Col. Childs, which you have not hesitated
to endorse.
Finally, Mr. Secretary of State, I said, Iff
my note of the 30th, that M. Port quitted Puebla
on the 10th of September, and did not return
until the 15lh of October, 1847. You answer,
thatthis assertion of mine is nut supported by any
evidence, and you therefore consider yourself
justified iu rejecting it entirely. I shall there
fore annex to this letter some documents, the
mere reading us which should convince you
of the reality of the statement made by me ;
and you will also see that the Legation of
France, which would never consent to become
the organ of a criminal accusation without
proofs, does not venture, without proofs, to
advance an assertion of a fact of the most in
nocent nature.
Allow me to hope, Mr. Secretary of State,
that this letter may be the last of a correspon
deuce which h:is been already too long, on an
affair so clear. [The Government of the
United States must be convinced that it is
more honorable to acquit fairly a debt con
tracted during war, under the pressure of ne
cessity, than to avoid its payment by endeavor
ing to brand the character of an honest man ]*
Accept, I pray you, sir, the assurance of my
high consideration.
Guillaume Tell Poussin.
Documents accompanying the letter from the
French Minister of April —. 1849.
No. 1— Headquarters of the Commandant Gene
ral of the Free Stale qf Patbla, Atlixco, Octo
ber 13, 1847.
I, the Commandant General of Division, command
ing the Slate of Puebla, grant a safe conduct lo the
French citizen Alexis Port, who goes to Puebla on
private business. In virtue thereof, tbe men under
my command are forbidden to oppose his passage, or
to injure him in any way. Juan Alvarez.
Alejcican Washington, April 18, 1849
I certify that the above is Ihe signature of the Com
mandant of the Slate of Puebla.
Luis De La Rosa.
No. 2. Atlixco, May, 3G, 1847.
To M Alexis Port, At the Milts of Chietla—
My Dear Friend : M. Santiago Ixiress doesine the
favor to allow his son, Don Juanito, to go and assist
you at the mill, whilst lam kept in bed. * * *
1 cannot be at tbe mill for eight da/s. Compliments
to our friends, &c. Fuentes De Maria.
No- 3. Puebla, October 3, 1347.
To M. Alexis Port, At Atlixco— My Dear Sir:
I have just received a letter from Abadie, in which I
find enclosed another for you, (addressed to Puebla,)
which I hasten to send you. * ♦ ♦
1 hope to see you on Tuesday or Wednesday next.
Meanwhile I send you my compliments, »&c Your
friend, A. Lataprb.
.Vo. 4. Chietlx, October 12,1847.
To M. Alexis Port, At Atlixco— My Dear Friend:
It is only fnan forgetfulness that 1 have not before
answered your letter of the Ist of September last,
containing your account. On this subject I must ob
serve to you. • • • *
Do not fail to write me all the news, which yoa may
hear from certain sources. I am, &c.
J. Fuentes De Moria.
Department of State, )
Washington, April 21, 1849. )
Sir : On the afternoon of the 18th instant, a com
munication from you, dated Washington, April —,
1349, (without showing the day on which it was
written,) was received at this office, relative to tlie
claim of Mr. Port on the Government of the United
States, and, having just had occasion to address you
a private note, 1 learn, through tbe messenger who
was dispatched to deliver it, that you have been, for
tbe last two weeks, absent from Washington, and
that the period of yourieturn hither from New York
was quite uncertain.
Under these circumstances, after a perusal of your
note, which was laid before me this morning, 1 lose
not a moment in requesting you to repair to this city
without unnecessary delay.
I have the honor to be. verv respectfully, sir, your
obedient servant, JOHN M. CLAYTON.
Mr. Wm. Tell Poussin.
Translation of a letter from the Minister Pleni
poti'itiary of France.
Legation of France in the U. States, )
Washington, May 12, 1549. 5
Sir: I have just received from the Minister of
Foreign Affairs a report which had been addressed
to the Min’sler of Marine by M. Lavallee, the act
ing Consol of the Republic at Vera Cruz, from
which it appears that Mr. Carpender the comman
der of the American war-steamer Iris, after hasten
ing to the assistance of the French ship Eugenie, of
Havre, which had struck on tbe bank of the Riso,
near the anchorage of Anton Lizardo, advanced
claims wholly inadmissible on account of remunera
tion for his services, and. to secure their acquittal,
he detained the Eugenie (a mis embargo sur CEu
genie) tr two or three days. In consequence of the
energetic remonstrances of M. Lavallee, and tbe
hoakirable intervention of the Consul ot the United
Steles at Vera Cruz, Commander Carpender desis
ted from his pretensions.
The Minister of Foreign Affairs requests me to
address to the Cabinet of Washington the most ser
ous observations on the abuse of authority commit
ted by this officer, in illegally detaining the ship Eu
genie.
You will easily comprehend, Mr. Secretary of
Stat®, how important it is that such occurrences
should not be repeated ; and that severe blame at
least, should be laid on who thus considered
: themselves empowered to substitute arbitrary mea
sures for justice ; and I doubt not that you wdl.
: without delay, give satisfaction to the just complaints
of the French Republic.
1 embrace this occasion, Mr. Secretary of Slate,
to renew the assurance of my high consideration.
Guillaume Tell Poussin.
To the Hoo. J. M. Clayton, Secretary of State.
T\e Secretary of State to M. Poussin.
Department op State, 7
Washington, May 28, 1349. )
Sir; I have received the note which you did me
the honor *o address to me on the 12th inst., relative
to tbe conduct of Commander Carpender. of tbe U.
States Navy, who, it is alleged, after hastening to
tbe assistance of the French ship “Eugenie,” of
i • The passage in the above letter included with
in brackets is 'that whieh was subsequently with
drawn by Mr. Poussia. ]
Havre, which had struck on the bank of Riso,
near the anchorage of Anton Lizardo, advanced
claims on account of remuneration for his services
wholly inadmissible, and to secure the soquittal of
which be detained the “Eugenie” for two or three
days ; but in consequence of the remonstrances of
M. Lavallee, the acting Consol of France at Vera
Cruz, and the intervention of the Consul of the U.
States at that port, desisted his pretensions.
The Secretary of the Nary, to whom a translation
of your note wassent, lias communicated to this De
partment Commander Carpcndcr’s explanation of
the circumstances attending bis rescue of the “ Eu
genie ” a copy of which explanation I have the hon
or herewith to enclose to you ; and trust that it will
remove any apprehension which may exist on the
part of the French Government relative to his con
duct on the occasion in question.
I have the honor to be with distinguished consider
ation your obedient servant,
J J. M. Clayton.
Mr. William Tell Poussin, *c.
-The Secretary °J State to M. Poussin.
Dbyabthznt or State, )
Washington, June 5, 1849. )
Sir: The note which you addressed to me on
the 30th ultimo, acknowledging the receipt of
rny letter to you of the 28th, transmitting Com
mander Carpender’s explanation ofthe circumstances
attending the rescue of the French ship “Eugenie,”
of Havre, was duly received, and will be communi
cated, together with the rest of the correspondence
between you and this Department on the subject, to
the Minister of the United Suites in France, with in
structions to submit it tn the consideration of the
French Government.
1 have the honor to be, very rc.-pectfully, your
obedient servant. Clayton.
Mr. Win. Tell Poussin, &c.
Legation or Fbance, ?
Washington, May 30, 1849. )
Sir ; I received on the 28thoi May the note which
you did roe the honor to address to me on the same
day, in answer to mine calling upon the Government
of the United States to disavow the canduct of Com
mander Carpender, of the American
towards the French ship Eugenio, ’» Ha— ‘e, which
hadron task of RisCf*. ncUi de .uchoi-ngc
of Anton LizJrdo. ■'
The explanations given by Commander Carpender
are not of a nature, Mr. Secretary of State, such as
to dispel the discontent which Iris proceedings have
caused to mv Government.
He considered, as be says, and still considers, that
the case was one of salvage ; that the rights acquired
by him as the saver of the vessel Saved, empowered
him to keep possession of her until his extravagant
pretensions were fully satisfied ; but his opinions have
little interest in our eyes, when we have occasion to
condemn his conduct.
I called on the Cabinet at Washington, Mr. Sec
retary of State, in the name ofthe French Govern
ment, to address a severe reproof to that officer of the
American navy, in order that the error which he has
committed, on a point involving the dignity of your
national marine, mightjiiot be repeated hereafter.
From your answer, Mr. Secretary of State, I am
unfortunately induced to believe that your Govern
ment subscribes to the strange doctrines pro fessed by
Commander Carpender, of the war steamer Iris; and
I have only to protest, in the name of my Government,
against these doctrines.
I have the honor to be, with distinguished consid
eration, your most obedient servant,
GUILLAUME TELL POUSSIN.
Hon. J. M. Clayton. Secretary of State.
The Secretary of State to the Minister of the
United States at Paris.
Department of State, ?
Washington, June 5, 1849. >
Sir: You will receive with this dispatch a
copy of a correspondence that has recently
passed between this Department and M. Pous
sin, the tone of which, on the Minister’s part,
is regarded as offensive to the American Gov
ernment, and cannot, it is presumed, meet the
approbation of the Government of the Repub
lic which he represents.
From these papers you will learn that, in
October of last year, Commander Carpender.
ofthe United States Navy, commanding the
United States war steamer “ Iris,” had the good
fortune to rescue the French barque “Euge
nie,” of Havre, which had struck on the bank
of Riso, near the anchorage of Anton Lizardo,
on the coast of Mexico. Under the belief that
the case was one which justly entitled his offi
cers nn J men to salvage, the commander caus
ed the rescued vessel to be moored in safety
near the “ Iris” until he could communicate
with the consignee, Senor Gomez, at Vera
Cruz; but. after waiting thirty hours, and re
ceiving no answer from the consignee, he de
termined to deliver, and did deliver,the barque
over to the charge of her captain. In the opin
ion he entertained respecting the right to sal
vage, Commander Carpender was supported
by Mr. Clifford, our Minister in Mexico, and
his whole conduct was approved by that Min
ister.
On the 12th ultimo, M. Poussin, under in
structions from his Government, addressed a
representation of this subject in a note to this
Department, complaining, in strong terms, of
what he considers to be arbitrary and illegal
conduct on the part of the corwutander of tbe
Iris; suggesting that that ofliocyr*should be se
verely blamed, and asking that speedy satisfac
tion should bo give** to the juai complaints of
the French Republic.
The Department lost no in placing, in
M. I’oussin‘s ffflfeSesfttotU* oi
Commander Carpender, which had been ob
tained from the Navy Department; and. in
communicating them, the hope was expressed
that they would remove all misapprehension
on the part of the French Government in re
gard to the conduct of the American officer.
Commander Carpender and his crew had ac
tually saved the French barque and her crew
from imminent peril, if not certain destruction ;
and for this signal service Commander Car
pender has received, not merited thanks, but
censure and indignant animadversion from
the Minister of the nation to which the vessel
belongs.
But M. Poussin himself was not satisfied with
the explanations furnished, and without con
descending to refer the matter to his Govern
ment, and await their instructions, he declared
the explanations to be not of a nature calcula
ted to dispel the discontent of his Government.
Having also failed to bring upon Commander
Carpender the severe reproof of this Govern
ment for an alleged error “ committed,” as M.
Poussin rashly asserts. “ on a point involving
the dignity of your [our] national marine,”
the Minister taunts the Government ofthe Uni
ted States with subscribing to the erroneous
“doctrines” of the commander, against which
doctrines he therefore proceeds to protest in
the name of his Government.
The attention of this Government wou’d not,
perhaps, have been so strongly attracted to the
tone and temper of M. Poussin, exceptionable
as they are. had not that Minister, on a previ
ous occasion, and that quite recently, made use
of highly insulting language, in a note he ad
dressed to this Government under date of the
18th April last, the offensive portions of
which he was afterwards indulgently suffered
to withdraw. In resolving to overlook this
mark of disrespect the Department was guided
by a sincere d sire to omit nothing which would
tend to promote the fr.endly and harmonious
relations of the two Governments. But. at
the same time, not feeling disposed to counte
nance communications from any quarter which
question or impugn the honor and dignity of
the American Government, the President has
deemed it proper to direct me to transmit to
you the accompanying correspondence, which
he wishes you to submit to the French Govern
ment. You will readily perceive that the lan
guage objected to, and the temper which M.
Poussin has not been able to conceal, must
necessarily tend to obstruct diplomatic inter
course, and are essentially calculated to embar
rass rather than to promote a friendly discus
sion of questions that concern the honor and
interests of the two Republics.
1 am, sir, respectfully, your obedient ser
vant. John M. Clayton.
Richard Rush, Esq., &c.
The Attorney General to Mr. Clayton
Attorney General’s Office, ?
June 20, 1849 )
Sir: In compliance with the request of your
note of the 11 th instant, I proceed to give you
a more formal opinion than I have heretofore
done upon the question some time since sub
mitted to this office, in th j ease of the salvage
claim, at one time made by Captain Carpen
der, of the United States steamer Iris, in behalf
of himself, officers, and cr w. for saving the
French ship Eu ,enie, off Vera Cruz, whilst on
the rock ot El Riso, near the anchorage of An
ton Lizardo, in 1848.
I do not understand that it is denied that the
services rendered entitled the parties rendering
it to salvage, except upon the ground that
themselves and their vessel constituted a por
tion of the naval marine of the United States.
Nor could such a demal have been in ide. The
property saved was in the most imminent peril,
and its destruction certain, but for the aid of
Captain Carpender and his men. It had every
element of a salvage case, and, upon general
principles, independent of the official charac
ter of the salvors, their title to such an allow
ance would have been perfectly clear. The
single objection then to the claim was, and is,
that they were a part of the naval marine of
the United States Is this a valid objection?
I think not; and I propose to examine it brief
ly. first upon authority, and second, upon prin
ciple.
Unless there be, upon some ground of reci
procity, a different rule upon this subject, in
relation to French vessels and property rescued
from danger, under circumstances entitling to
salvage, than exists in relation to American and
other vessels and properly, it will be found,
upon authority, to be a perfectly plain ques
tion.
How is the law in England ? Does there
exist there any distinction between salvage ser
vice rendered" by a public and a private vessel,
or lo a domestic and a foreign vessel 1 There
does not. This will be plain iron* the citation
of a few cases First : That the service is ren
dered bv a public vessel- 1“ the case of the
Gage,(K Rob. 273,) civil and military salvage
were both decreed, and in the Lord Nelson. (1
Edwards 79.) civil salvage; ip each, the ser
vice being rendered by English men-of-war.
and the property saved being also English.
No objection was intimated by the bar or bench
to the claim because of the official character of
the salvors—an omission utterly inconsistent
with the existence there of a distinction in such
cases between public and private vessels ren
dering salvage service. Second. Is the rule
there a different one when the vessel and pro
perty saved are foreign, and not domestic !
Clearly not. , _ ,
In the case of the Pensammto Fehz. (Ed
wards 115.) the vessel «Y«d was Portuguese,
and the claim actually made by the salvors was
resisted, not upon that ground, or upon the
ground of the public character of the salvors,
bat because the service was not of a military
kind entitling to military salvage. In answer
©uv picture ©allcvn,—No. 24.
O - -
Embracing Portraits of Distinguished Authors, Statesmen, Gene
rals, and others, with “Portraits ofthe People,” &c.
o- ■
\ \ T 4 i'
HON. ABBOTT LAWRENCE.
UNITED STATES MINIS TER TO GREAT BRITAIN,
HON. ABBOTT LAWRENCE.
“Abbott Lawrence,” says a writer in the
Boston Weekly Museum, “ was born in the
town of Groton, in the slate of Massachusetts,
on the 15th of December, 1792. He was the
son of Deacon Samuel Lawrence, a worthy
farmer, and a man of irreproachable life. Du
ring the winter months ofhis boyhood, he attend
ed a district school in Groton: and this, with the
exception of a few months passed ut the acude
my, was the only opportunity he had of ac
quiring knowledge in his youth.”
In the autumn of the year 1808, Mr. Law
rence left his native town, and repaired to Bos
ton. “A poor, unknown and friendless boy”
—we use his own language —he entered the
city which since that time his own enterprise
has done so much to elevate, and his own mu
nificence to adorn; and the first employment
he was engaged in, he often told us, was that
of a porter to his brother. “ And many a heavy
load,” said he, “ I often wheeled through the
streets in a hsnd cart.” But this was by no
means a singular vocation for a New England
lad; and, whoever will take upon himself the
trouble of inquiring, will find that most of the
wealthy and influential citizens of New Eng
land have’*co mine need life by adopting the
humblest vocations.
Mr. Lawrence, on attaining his majority,
became a partner with his brother Ainos, a
dealer in dry goods, and who was already es
tablished ; and success attending their united
efforts, they soon after became extensive im
porters; and. after the close of the war o! 1812,
the subject of this brief memoir resided some
time in England. After his return to the Uni
ted States, he devoted himself exclusively to
the pursuits of a merchant, and. until :he year
1824, did not engage in political dissensions.
At that period, however, the mass of the peo
ple of Massachusetts were the advocates of
free trade, and a low tariff*; and, when, in
that year, or in the year 1825, they met in
Faneuil Hall, and were addressed by Mr. Web
ster, in opposition to restriction* on trade, Mr
Lawrence was present and enacted the part of
secretary. He was then opposed to a tariff
that would benefit the few, and impoverish the
many ; and, from that day to this, though he is
now called an ultraist, in connection with the
doctrine of protection, he has not changed his
opinions.
In the year 1829. Mr. Lawrence married
Miss Catharine Bigelow, daughter of the cele
brated Timotny Bigelow; and is the father of
a numerous progeny. Till 1834, Mr. Law
rewrt i»»»d io nolu>e«.
He had heen interested in the political affairs
of his own state and city, and had ever pro
fessed those principles with which his name is
now so clearly identified. The peculiar exi
gencies of those times, in the opinion of the
whigs of the Suffolk district, called for a mer
chant in the national House of Representatives;
and the voice of his party named Mr. Law
rence as the man eminently fitted for the occa
sion. He did not, however, accept the place
without great reluctance ; “distrusting,” as he
had himself said, “ his ability to fulfil the rea
sonable expectations of his friends ” He was
to this, Sir William Scott said: “ Now, sup
posing it were clear that there was really no
salvage of war, the effect of this objection
would only be that I should put the parties to
the expense of a new proceeding in the In
stance Court. There is no doubt that a Court of
Admiralty has a general jurisdiction to reward
seroices of this nature, and that the party would
recover by action in the Instance Court."
He evidently considered the claim as per
fectly clear, doubting only as to the character
ofthe salvage to be awarded; that is, whether
it should be military or civil. But the right to
it, notwithstanding the salvors belonged to the
naval service of England, and the property
saved was foreign, was esteemed too plain for
question.
I could multiply English cases if I thought it
necessary. The objection, indeed, is nowhere,
that I have been able to discover, suggested
either in any English or American case, or by
any English or American commentator. Nor
is it necessary to cite but one American case—
The United Slates vs. the Amistad, 15 Peters,
518. The facts, as far as this question is con
cerned, were these: The Amistad, a Spanish
schooner, on the 27th June, 1839, cleared
from Havana, in Cuba, for Puerto Principe in
the same island, having on board Capt. Ferrer,
and Ruiz and Montez, Spanish subjects, and
fifty-four negroes. During the voyage the ne
groes rose, killed the captain and took posses- .
sion of the vessel. They spared the lives of Ruiz j
and Montez, on their engaging to aid in steer !
ing the schooner for Africa, or to a place where |
negro slavery did not exist. The negroes
were, however, in this deceived, and the vessel I
steered for the United States, where she arrived |
off Long Island on the 26ih of August, and
anchored within half a mile of the shore. In ■
this condition she was discovered by Me United •
States bng Washington, Lieutenant Gedney. ■
With the assistance of his officers and crew
he took possession of her and of the negroes,
and brought them into the district of Connec
ticut, and there libelled vessel, cargo, and ne
groes for salvage. The Spanish owners of a
part of the cargo filed their claim lo it. and
denied salvage. The District Court decreed it
to Lieut. Gedney. his officers, and crew, to the
amount of one third of the value of vessel and
cargo, rejecting it for the negroes, and the
owners of the cargo appealed to the Circuit
Court. That Court affirmed pro forma the
decree, and the case was brought to the Su
preme Court of the United Slates. There
were many other questions, growing out of
facts which I have not seated, because they
have no bearing upon the one I am consider
ing. It will be seen that, as far as that ques
tion is involved, the case is directly in point.
The property saved, vessel and cargo, were
foreign, and the salvors a portion of the naval
marine of the United States, on board a public
vessel of the United States. It was even
stronger in this, that there the United States
themselves intervened, maintaining that it was
their duty, under the treaty with Spain of the
27th October, 1795, as continued in 1819 and
1821, to have the property delivered entire to
the Spanish owners, without any abatement
for salvage, or any other claim. The then At
torney General, Mr. Gilpin, concludes his
opening argument by savins that “ the Court !
below has erred, because it has not decreed any
part of the property to be delivered entire, &c.
From the vessel and cargo it has deducted the
salvage, diminishing them by that amount. But
neither in the Courl above nor below was the
title to salvage contested, except upon the
ground of the supposed treaty obligation to re
store Spanish property in the condition in
which this was found. It was not pretended
that any objection to it existed in the public
character of the salvors or of their vessel, in j
giving the opinion of the Supreme Court. Mr. :
Justice Slorv says: •* No question has been
here made as to the proprietary interests in the
vessel and cargo. It is admitted that they be
long to Spanish suljects, and that they ought to
be restored. The only point on this head is.
whether the restitution ought to be on the pay
ment of salvage or not"— (ls Peters, 592 ) |
And, after examining the other questions which
the case presented, he concludes the point of I
salvage in these words: “ As to the claim of
Lieut. Gedney for his salvage service, it is un
derstood that the United States do not now
desire to interpose any obstacle to the allow- i
ance of it, if it is deemed reasonable by the
Court. It was a highly meritorious and useful '
service to the proprietors of the ship and car "
go, and such as by the general principles of
maritime law is always deemed a just founda
tion for salvage. The rate allowed by the
Court (being, as stated, one third tbe value)
does not seem to us to have been beyond the
exercise of a sound discretion, under the very
peculiar and embarrassing circumstances of
the case.” And the decree as to that was ac
cordingly affirmed. This must be held to be
conclusive upon the proposition. The point
was distinctly made, and distinctly decided. It
is not, therefore, with us an open question,
nor indeed, upon the pretensions upon which I
understand it to be resisted in the case of Cap
tain Carpender, (the pablic ehara« ter of the
salvors,) was it, in England or the United States,
I ever doubted. In the case of the Amistad that
elected by twenty five hundred majority over
all competitors.
Mr. Lawrence took his seat in the House of
Representatives on the 7th of December. 1835-
He had not been long in Washington, before
his commanding influence was felt and ac
knowledged. He did not speak often, but
whenever he addressed the House, no one re
ceived more general attention, or produced
greatereffect. He was appointed a member of
the Committee of Ways and Means, for which
his knowledge of finance and of manufactu
ring interests well fitted him. In the second
session of Congress, Mr. Cambreling, then
one of the representatives from this city, intro
duced a bill which proposed the speedy reduc
tion of the protective duties to that minimum
which, by the compromise act of 1833, it was
determined they should attain in 1842- Mr.
Lawrence, regarding this measure as inimical
to American manufactures, opposed it in a
speech which has been imperfectly preserved,
but which was considered very able by those
who heard it.
At the close of the term for which Mr. Law
rence had been chosen, he declined a re-elec
tion, and once more retired to the duties of the
mercantile profession. He was not. however,
long permitted to remain in private life. A
vacancy having occurred in the Massachusetts
congressional delegation, by the resignation of
the Boston representative, the Hon. Richard
Fletcher, Mr. Lawrence was again urged to
return to Washington Such was Iris own per
sonal engagements, however, that he at first
declined the honor that was extended to him,
and it was not without great reluctance that he
finally consented to accept. He was elected by
a large majority in November, 1829, ai.d the
following month he repaired to Washington.
Ilis presence in the national councils gave re
newed confidence to his political friends
throughout the country. But their hopes were
soon darkened. The typhus fever was very
prevalent in Washington during this session of
Congress and iu March, 1830, the malady at
tacked Mr. Lawrence with great violence. For
some lime his recovery was doubtful; but, af
ter many weeks of sickness, he was restored
partially to health. He remained so feeble,
however, that he deemed it his duty to resign
his seat in Congress.
After having encountered all the evils of de
bility, originating in protracted and virulent
disease for many months, he made a voyage to
Europe, for the benefit of his health; and,
fina'ly returned, perfectly restored and rejuve
nated.
At the opening of the late Presidential cam
paign, Mr. Lawrence took a decided and ani
mated stand in favor of General Taylor. In
deed he espoused the cause of that celebrated
soldier immediately after the opening of the
Mexican war,and “never changed or faltered.”
hi the Philadelphia convention, he received a
bv.ivy vole as a candidate for the. Vice Presi
dency ; but was subsequently, a' wis own re
quest, withdrawn in favor of Mr. Millard Fill
more.
On the organization of General Taylor’s ad
ministration, he was offered the post of Secre
tary of the Navy; and promptly refused it.
Il was supposed in advance that the seals of the
Treasury office would be tendered him, inas
much as his fitness for that station was prover
bial throughout the Union. Subsequently, the
mission lo England was tendered, and accepted,
upon the duties of which he is just about to
enter.
character existed, as also the foreign ownership
of the saved property ; and it was in relation to
service so rendered, to property so owned, that
the Court said it was ‘ such as by the general
principles of maritime law is always deemed a
just foundation for salvage."
The doctrine upon the subject is therefore
obviously (he same with us as in England, or,
to use the language of Story, in his edition of
Abbot on Shipping, page 379, No. 1, “the
general principles as to the allowance of salvage
are the same in American as in English juris
prudence.”
The only point, therefore, that could possi
bly arise in the present case is, whether we have
a different rule in regard to the salvage of
French properly. I can find none stated or
intimated any where. The rule I hold, then,
to be universal in the United Slates, that
salvage service rendered by the naval marine
of tbe United States is to be compensated in
like manner as that rendered by the private ma
rine.
And this brings me to inquire, secondly.
How should the rule be upon principle?
That tiie public policy of all nations should
encourage a service of this description is man
ifest. Safety of life and property demand it,
and the experience of the commercial world
recommends it to universal adoption. It is
the end to be attained which entitles it to and
secures to it public favor, irrespective of the
character of the means by which it is accom
plished. The former addresses itself with per
suasive influence to all. That end, as life and
property are dear, is, if possible, to he secured,
and all fair and lawful means to effect it are
consequently to be encouraged. Why, then,
is it that the officers of public armed vessels are
not to have the same incentive to exertions ne
cessary lo the end with others? Are they un
der any other special obligation to do such
deeds of kindness and humanity? The officer
and the citizen are alike impelled to such ser
vice by general considerations of social duly.
But the law has deemed it wise to add to the
incentive of mere duty that of pecuniary re
ward. The service is often attended with great
peril, and the experience of the world has
proved that it should be stimulated by the pros
pect of pecuniary compensation. In the lan
guage of Sir William Scott, in tbe case of the
Louisa Dodson, 318, “ and, though it is cer
iainly the duly of the King’s ships to afford as
sistance to all his Majesty’s subjects whom they
may meet with in distress, yet I do not know
that it is incumbent upon them, at the hazard
perhaps of their lives, and without any pros
pect of reward, to take charge of a ship in a
sinking state. Any hesitation in affording as
sistance might be of dangerous consequence to
the property of persons so eircuaistanced, and
it is therefore proper, for the encouragement
of prompt and signal exertions on the part of
the King’s officersand men to hold outto them
the prospect of reward.”
The whole doctrine rests, jn truth, upon an
enlarged policy, and from its very nature must
be irrespective of the private or public charac
ter of the salvors. In the words of Chief Jus
tice Marshall, in the case of Mason, et.al., vs.
Ship Blaircau. 2 Cranch,240 — a French vessel,
by the-by. rescued from danger by the claim
ants of salvage—“the allowance of a very am
ple compensation for these services (one very
much exceeding the mere risk encountered and
labor employed in assisting them) is intended
as an inducement to render them, which it is
for the public interests and for the general in
terests of humanity to hold forth to those who
navigate the ocean.”
If such considerations be well founded —and
who can doubt it?—it might prove a perilous
experiment for France to adopt the rule, and
obtain its recognition by the ocher nations ot
j tbe world, that no salvage shall be allowed
: those who might rescue French life and pro
perty upon the ocean from impending destruc-
I lion.
There is, however, no such rule now existing,
and I am therefore very clear in the opinion
that the case before me was one for salvage.
1 have the honor to be, &c ,
Reverdy Johnson.
! Hon. John M. Clavton. Secretary of State.
The Minister of the Vailed Slates in France to
the Secretary of State.
Legation of the United States, <
Paris, August 13, 1849. J
Sir: I acknowledged in my number9 ’yonr
number 36 ofthe s’.h of June, covering a copy
ofthe correspondence (and documents belong
ing to it) between the Department and Mr.
Poussin, French Minister, at Washington, grow
ing out of the claim to salvage by Command
er Carpender, of the United States war steam
er Iris, for rescuing the French bark “Eu
genie,” when she had struck on the bank of
Riso : and of another case, in which the Minis
ter preferred a claim to indemnity on behalf of
a French merchant, for an alleged grievance
suffered when our amy was in Mexico; the
tone of which correspondence on the part of
the French Minister was deemed offensive to
oar Government. t
My number 98 next informed you that I had
submitxd the correspondence to the Freach
Government, with an explanatory note, dated
VOL.LXIII—NEW SERIES VOL.XHI-NO. 40.
the 7ih of last motnh, a copy of which 1 trans
mitted.
I have now the honor to enclose a copy of
the answer from the Minister of Foreign Af
fairs. It bears date the 9th instant, and was re
ceived yesterday.
As your instructions of the sth of June sim
ply charged me to submit the correspondence
to the French Government, I do not feel that I
have any warrant to discuss the answer of the
Minister of Foreign Affairs.
My duty, as it seems to me, will be fulfilled
by hastening to enclose it to you for the Presi
dent’s consideration.
This despatch will go by the British mail
steamer that leaves Liverpool on Saturday, and
a duplicate of it will follow by the American
mail steamer Washington, from Southampton,
on Monday.
I have the honor to remain, with great re
spect, your obedient servant,
Richard Rush.
The Hon. John M. Clayton, Secretary of State.
Mr. de Tocqueville to Mr. Rush.
[Translation.]
Paris, August, 9, 1849.
Sir: I have received with the letter which
you did me the honor to write to me on the 7th
of last month the copy of the correspondence
which has taken place between the Secretary
of Slate for Foreign Affairs of the United
States and the Minister of France at Washing
ton, upon the subject of two claims, which the
latter had been charged to present to the Fede
ral Government: one against the irregular de
tention ofthe French ship I’Eugenie, by Com
modore Carpender, of Vera Cruz; and the
other for the purpose of asking for an indem
nification in favor of Mr. Port, a French mer
chant, for the abrogation of the sale of a certain
quantity of tabocco struck off to him by the
commander of the American forces at Puebla.
These two affairs, having hitherto been dis
cussed at Washington, where they are lobe
concluded, it is not my province lo examine
their merits. Besides, lam too certain of the
integri*y of the Government of the Union to
doubt that it will ultimately acknowledge every
claim founded in right; and, on its part, it can
not think that the Frauen Government allows
itself to be drawn by the desire of protecting its
subjects to support pretensions the justice of
which has not been demonstrated to it.
These sentiments of reciprocal confidence
being of a nature to avert and prevent, in the
d : scussions of private interests, those suscep
tibilities and misunderstandings which cannot
fail to complicate them, we have seen with as
much astonishment as regret the turn which
the communications exchanged between our
Envoy and Mr. Clayton have taken. Even be
fore I had received the letter which you have
written me to call my attention to them, M.
Poussin had transmitted copies of them to me.
I had been painfully impressed to find in that
correspondence a tone of acerbity and harsh
ness very little conformable to the friendly re
lations between the two countries ; but I ought
to say, without entering into useless recrimina
tions, without seeking (br the side whence the
first injuries proceeded, it had appeared to me
that this observation was riot alone applicable
to the letters written by the Minister of France.
M. Poussin, doubtless misconstruing some
expressions in those which have been address
ed to him by the Secretary of State, believed
he saw in them a want of respect, for which
he may have manifested his resentment with
too much spirit; but if a passage of his letter
o f the —of April may have hurt Mr. Clayton,
it seems to me that there is no longer any
ground to take advantage of it against him after
he has consented to withdraw it; and he has
given a pretty signal proof of his conciliatory
spirit in abstaining from animadversion upon
an expression in the answer addressed to him
by that Minister on the 21st of April, which,
estimated with a certain degree of susceptibili
ty, might have seemed to be rather an impe
rious summons than a diplomatic invitation.
Furthermore, sir, it is not necessary for me
to tell you that I entirely concur in the opinion
which you express upon not deviating in nego
tiations from the observances and forms of a
benevolent courtesy.
I invite M. Poussin never to forget this rule
in his intercourse with the Government of the
United Stales, and I am sure that, if it be reci
procated, the observance of it will be rendered
easy to him,
Receive, sir, the assurance of the high consi
deration with which I have the honor to be,
your humble and very obedient servant.
Alexis de Tocqueville.
The Secretary State of the United States to the
Minister of Foreign Affairs of France.
Department of State, ?
Washington, September 8, 1849. )
M. Alexis de Tocqueville, Minister of Fo
reign Affairs of the French Republic—Sir: I
have received a despatch from Mr. Rush, the
American Minister in Paris, of the 13th of Au
gust, covering a note from you to him,
dated the 19th of that month. Both nave been
submitted to the Pfosideul. with the correspon
dence to which they relate. As “Mr. Rush is
returning home, and Mr. Rives, who has been
appointed to succeed him as Minister of France,
has probably not yet arrived in Paris, I hasten
to avail myself of the only means of communi
cation between the Governments we repre
sent, by addressing you directly on the subject
of your note
You acknowledge the receipt of the corres
pondence “which took place between the Se
cretary of State for Foreign Affairs of the
United States and the Minister of France at
Washington,” from which it must have been
obvious to your mind that the latter had re
peatedlyand gratuitously addressed communi
cations to this Government highly offensive and
discourteous, both in manner and in substance.
That correspondence was submitted simply
to enable your Government to decide upon
the proper course to be taken in regard to its
own Minister. Yqu appear to have consider
ed the occasion as one which called upon you
to construct an apology for that Minister, by
indiscriminately censuring both parlies to the
correspondency. You were not invited to de
cide as an arbi»er upon the mode in which the
American Government conducted that corres
pondence, which was not only courteous and
respectful in terms, but entirely unexception
able in spirit; and you could not have failed
to observe that this Department had not, in any
instance, descended to recrimination, whether
useless or otherwise, with Mr. Poussin.
Should the correspondence of any Minister
of this Republic prove insulting to the friendly
Government of France, lhat Government is
too confident of our desire to maintain kind
relations with it to doubt that the President of
the United States would feel it to be a high
duly to examine the complaint, and to render
a prompt and proper atonement for the injury.
But the issue presented in the correspondence
of Mr. Poussin cannot be evaded by any charge
of recriminations. If that charge can be made
with any shadow of truth, let it be separately
presented, and it will be promptly and most
respectfully considered.
The President instructs me to say to your
Excellency lhat, as from the whole tone of your
communication to Mr. Rush, which has struck
him with much surprise, it would seem that the
disrespectful language of the French Minister
at Washington has been received with indul
gence, and held worthy of palliation by the
distinguished Minister of Foreign Affairs of
France, who has manifested no disposition to
redress the wrong, he, as the Chief Magistrate
ofthe United States, feels himself now at per
fect liberty, and in fact constrained, with a view
to preclude opportunities which might be again
abused, to perform, without any further delay,
an unpleasant duty, from which he had hoped
his friendly appeal to the French Government
would have relieved him.
This Government is the guardian of its own
honor, and, as on all occasions it seeks to avoid
giving cause of offence, so will it never sub
mit to intentional disrespect. By the time this
letter reaches your Excellency, Mr. Poussin
will have been informed lhat no further corres
pondence will be held with hirn by the Execu
tive ofthe United Slates, and that every pro
per facility will be afforded him should he
desire to return to France.
The Presidentfurther instructs me to express
to your excellency the friendly sentiments of
himself and of this Government for the Presi
dent, the Government, and the People of
France. He does not doubt that these kind
sentiments are reciprocated by them, and he
anticipates, with lively satisfaction, the arrival
of Mr. Poussin’s successor, with whom it will
be the study of this Government to cultivate
agreeable and friendly intercourse, in the terms
and the spirit of mutual courtesy, which will
be equally honorable to both the sister Re
publics. •
In the mean time prompt and respectful at
tention will be given to any communications
touching the interests of our respective coun
tries which may be made through any other di
plomatic agent whom the French Government
may see fit to select
I avail rnyself of this opportunity to offer to
your Excellency the assurance of my most dis
tinguished con»idera-ion. N y CLAYTON .
Deyartmest or St>te,
Washinotoy, September 14, 1849.
Sir: The President has devolved upon me
the duly ofannouncing to you that the Govern
ment ofthe United States will hold no further
correspondence with you as the Minister of
France; and that the necessity which has impel
led him to take this step at the present moment
has been made known to your Government. In
communicating the President’s determination
in regard to yourself personally, I avail myself
of the occasion to add that due attention will
be cheerfully given to any communications
from the Government of France, affecting the
interests of oar respective Republics, which
may reach this Department through any other
channel. Your own Government will be able
to explain to you the reasons which have influ
enced the American Executive in delaying
the present communication until this period.
The President has instructed me further to
say, that every proper facility for quitting the
United States will be promptly given, at any
moment when you may be pleased to signify
that it isyonr desire lo return to France.
I am, sir, very respectfully, your most obe
dient servant, John M. Claytox.
Mr. William Tell Povssts, &c.
Navy Derartmest, May 24, 1849.
Sir : I have the honor to transmit herewith
copies of communications received by the De
partment from Commander Carpender, of the
I Navy, explaining the circumstance, attending
I his re«:ue ofthe French ship “ Eugenie.”
Ver, respectfully. sir, your obedient servant,
rr Inr m Wm. Ballard Prestos.
Hon. J. M. Clayton, Secretary of State.
United States Steamer “ Iris,” >
New Orleans, Nov. 16,1848. $
Sir: Some mention having been made in
the papers, as I understand, of the rescue of
the French barque “Eugenie” from the reefs
of Anton Lizardo by the officers and crew of
this vessel, and my courso having been scanda
lized in some of the Mexican prints, I deem it
to be my duty to employ my first leisure in put
ting the Department in possession of the facts
of the case, Forthis purposel enclose acopy
of the statement which was drawn up at the
time for the information of our Vice Consul at
Vera Cruz, Mr. J. M. Pommares, who was au
thorized to conduct the inquiryinto the case as
one of salvage. My own impression was that
it was a clear case of salvage.
Accordingly, when I had rescued the barque
I anchored her at my anchorage at Sacrificios
until Icould communicate with the consignee,
Senor Gomez y Gomez, at Vera Cruz; but
Mr. Gomez being dilatory in answering my
letter, and the barque having already been de
tained thirty hours by me, I determined to let
her proceed to port, and accordingly gave her
upto the charge of her captain. Just at this
moment I received a letter from Mr. Gomez
stating that he could notact as consignee nntil
the vessel came into port. For two or three
days I was flattered with the expectation of re
ceiving salvage ; but by the laws of Mexico, as
I was at length assured by Mr. Pommares. sal
vage can only accrue where the vessel is
wrecked, bilged, or broken; and, as the majori
ty seemed to be of opinion that it was not a
case of salvage, I ceased to pursue the matter. . <
and requested Mr. Pommares to let it be drop- f
ped. Meanwhile, intelligence of what had oc- I
curred reached the city of Mexico, where it II
produced quite a sensation; but so soon as fl
Mr. Clifford could look into it, moved oi j
jUo'icc to me and the honor of his ceuntiy ll]
tide was turned, as he clearly proved to the II
French Minister, as others well acquainted with II
the laws of commerce had already tried to do, IS
that it was an undoubted case of salvage, and
that we were fully entitled to all that is usually
allowed in such cases. Mr. Clifford was glad,
however, that I had adopted the course stated
above, and promptly ceased to urge a question
of doubt, particularly as I was on duty connect.
ed with him. I have no doubt that all the
French were affected in their opinions by the
distress of the Captain of the Eugenie, who
saw, in the penalty he had incurred of salvage,
a probable termination of his career with the
underwriters. A glance at the chartwill show
you how inexcusable was his conduct in run
ning his vessel from the south side of Amgoda S
Fuera directly for Anton Lizardo.
I have the honor to be, very respectfully, I
your obedient servant, E. W. Careknder. I
Hon. J. Y. Mason, Secretary of the Navy, I
Washington.
Navy Department, Nov. 28, 1848. I»
Sir: Your communication of the 16th inst.,
respecting the French barque “ Eugenie,” with
its enclosures, has been received, and will be
placed on file.
Your course in the matter is approved by
the Department.
I am, respectfully, your obedient servant,
J. Y. Mason.
Commander E. W. Carpender, Commander
U. S. Steamer “Iris,” expected at Norfolk.
Navy Yard, New York, May 19,1849.
Sir: I have the honor to acknowledge the
receipt of your letter of the 17th inst.
In order to understand the case of the “ Eu
genie” fully, I beg leave respectfully to refer
you to my letter to the Navy Department of
the 16th of last November, and the ac
companying “ Statement.” drawn up for the
guidance and assistance of Mr. Pommares, our
Vice Consul at Vera Cruz, the original of
which, certified to by Acting Master Reilly and
Third Assistant Engineer Maury, formerly a
Midshipman, is in my hands.
The Captain of the “Eugenie” having, as
you will perceive, given up the charge of his
vessel to me, while she was on the reef, alter
getting her offl towed her up to my anchorage
at the island of Sacrificios, and addressed a note
to the consignee, informing him that, as I
thought the “ Eugenie” was a case of salvage,
I had detained her until I could hear from him
on the subject. Thirty hours having elapsed
without receiving an answer, I had already re
solved to let the Captain resume the charge of
her, when I received a note from the consignee,
saying that he could not act in the matter, as
the vessel was not yet in port; and at the
same moment, the Captain of the “ Eugenie"
coming on board, I returned the vessel to
him.
As regards the “ remonstrances” of Mr. La
vallee, and the *1 intervention” of the Ameri
can Consul, I never received or heard of any
ofthe former; and, while I would not wish to
implicate Mr. Pommares. I could show that he
entirely approved of the detention of the “ Eu
genie/ tnougn he immediately afterwards made
arrangements with the Collector lor securing
the cargo, that the vessel might come to town,
so that if salvage were awarded we should re
ceive the full amount.
Mr. Clifford, our Minister in Mexico, was of
opinion that I was right in supposing it a case
of salvage; and I presume it had not occurred
to him, or to the Navy Department, judging
from my conversations with him, and their an
swer to my letter, thatl had acted exceptiona
bly on the occasion.
My own opinion then was, and still is, that
it was a case of salvage. The vessel was utter
ly powerless to help herself, had sought our as
sistance, and was in a position where, if the
prevailing wind of the season had sprung up,
of which there were some of the usual signs,
she must have been entirely lost. Os course,
under such circumstances, I urged my officers
and men to the promptest and most energetic
exertions, and was willing, afterwards, as a
measure of policy as well as justice, to obtain
salvage for them My only object, in detain
ing the ‘ Eugenie" was to confer with the con
sigee, and as far as possible settle the prelimi
naries ; but when I found that there was a dif
ference of opinion on shore as to whether it
was a case of salvage, and that the merchants
were very impatient of their freight, on account
of a Fair which was to take place, the articles
lor which were on board the Eugenie. I hasten
ed to restore her to the Captain, and assisted
him to get her to town.
I have the honor to be, very respectfully,
your obedient servant, E. W. Carpender.
Hon. Win. Ballard Preston, Secretary of
the Navy, Washington.
Statement of services rendered to the Barque
“ Eugenie ” by the Officers and Crew of the
United Slates steamer “ Iris. ”
In the first place, on the 15th of October, a
boat came alongside of the Iris, with* the mate
and two passengers of the Eugenie, represent
ing that the vessel was ashore on the south of
Amgoda Fuera ; that she had the anchors out,
but that she had not the means of heaving off,
and requesting to know if we could supply
them. I instantly ordered steam to be raised
and the Iris unmoored, and with all possible
expedition got under weigh and proceeded in
the direction to Amgoda Fuera, intending to
remain outside of the reef during the night, and
in the morning to endeavor to rescue the
barque. When we were near enough to the
reef to see it from aloft, we found that the Eu
genie was no longer there, and a few minutes
afterwards discovered her standing in towards
Anton Lizardo, directly in the way of the oth
er reefs off that point. It was too late in the
evening, the sun being nearly down, for me to
venture in the direction of the barque to inform
her of the danger she ran from steering that
course, and besides I had no pilot on board.—
The wind was from the eastward. I returned
to my anchorage at SacrifiCios, about 8 o’clock
in the evening. In the morning, as I had very
much feared, and so expressed myself, the Eu
genie was seen to be again ashore, in the di
rection of Salmadina, but the precise point we
could no determine at the distance we were
from her. Several of her sails were loose from
the yards, as they continued to be, until we
eventually went on board of her and furled
them, and she had a signal of distress flying
from her jib boom.
Between nine and ten o’clock the mate, who,
on our return to our anchorage the evening
before, had gone up to the town, came on board
of us, telling ns (what, indeed, we already
knew) that the Eugenie was again ashore, and
asking our assistance. Unwilling to go among
the reefs with my steamer I sent the master to
town to inform our Consul of the situation of
the Eugenie, to say that we had been applied
to for assistance, and to tell him, if he could get
a launch or any other suitable vessel, that I
would send her down, in charge of the master,
with as many of our best men as could be
spared from the steamer. Half my seamen
were away, watering, in an indifferent hired
launch, assisted by the cutter, so that I had but
few suitable hands left on board for such an
undertaking.
Between 12 and 1 o’clock I saw a schooner
under weigh, with a boat in tow, which I
judged to be a vessel procured by the master,
and. fearing that she could not get down in
time to render important assistance to the Eu
genie. I determined to unmoor and get under
weigh again. Accordingly I did so, and, hav
ing gone up nearly to town and got my water
ing boats in tow, I discharged them and fol
lowed down, after the master, whom I over
took and took in tow, near the Blanquilla reef.
At about half an hour before sundown, I an
chored off the Island of Salmadina. By this
time we could plainly see the Eugenie was high
up on the north side of the reef El Rizo. The
master came on board from the schooner and
informed me that the schooner was hired by
our Consul, Mr. Pomrnares. at twenty dollars
a day, to assist in getting off the Eugenie, but
that the Captain of her was unwilling to risk
his vessel outside of the reef that night, as he
feared a norther, in which event he would have
’o run for Alvarado. I then ordered the mas
ter to take the hired launch and the cutler, as
sisted by the boat from the Eugenie, in which
was the mate, to get our stream anchor and ca
ble in the launch and go to the assistance of the
Eugenie. I directed him, when he got on board,
to ask the Captain if he resigned the charge of
the vessel to him, and, if so, to use every exer
tion to save her, and if he could not save her,
to save as much as possible of the cargo. If
the Captain declined placing bis vessel in his
charge, to ask him what assistance he wished
rendered, and be governed entirely by his di
rections. In either case, he might depend up
on my sending the schooner round at day
light in the morning, and of coming myself