Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-07


sense OF the contract fully enjoyed her protecti
on. AT valparaiso we likewise received her g. d.
rettof, IN the friendly advice Of Com. Stewart
1t will not be denied that all American ships in the
wide extent OF the Pacific coast, have been protect
ed, however distant they may have been by tho
force of the Franklin II would lly anne nj from
statements that have been made, that the ship Ane-
RIGA had received regular convoy from the Franklin
The plain truth is, we sailed from New-York six
days before that ship, met her by casualty at
Rio dc Janero, whence she sailed near two weeks
before US. For the second and last tin,e we saw
her at Valparaiso. lay off and on for night, wen.
shore, heard the news, the intelligence
oil the law just passed for the nou-exportation of
bread stuffS, received the friendly advice of Con-.
stewart, nd proceeded to Lima, without tOuc-
ing at San Juan Fernandez. 1t will be seen from
TINS PLAIN statement, what the convoy was and how
absurd the insinuaton, that Com. Stewart should
have received, or thought of receiving, any thing
his care. Another important fact is disclosed which
was worth At least $4,000 to the voyage, the im-
portant news ut Valparaiso. Had we not gone in
there, which Dekoven opposed, and threatened he
would not do, till referred him to his private IN
structions, should have lost that very inportan.
advice which saved from being the dupes of those
few at Lima, who arrival had learned the i'm
tellgencc, and kept it close for the purpose of spe
cuaton.
With regard to the U. States stores shipped on
board the America, they had been actually shipped
some time before the contract was signed, which
was made to embrace them, for the purpose no doubt
of destroying the legality of the agreement and Civ
ing to what was really fair shipment by the gov
crnment, an odiOus appearance, by making it ar
pear on the face of the contract that had UNDER
taken to promise to ship United States stores on
board the ship America, thing utterly beyond MO
power but which at the period of signing the con.
tract had already been done by an order from tina
Navy Commission Office. To the language of the
contract on this subject, have only say, my r-
tention never other than state the simple fact
of my holding commission, and having those stores
under my charge, which would of course induce a
respectful decorous treatment, from persons board
ing us under any authority. Nwould appear how
ever, thatI was performing double duty, from the
circumstance of those stores of considerable value
being placed under my especial care. ANY unfayo-
rablc impression made at first sight is easily remov-
ed by the statement, that Com. Stewart knew me
well, that was going out in the ship where they
were, and deemed it safe and prudent to place them
under my care, with directions how to bestow them
at Callao. Had 1t. Weaver not been on board the
America, or not known to Conn., Stewart, it is GER
tain the Captain would have had similar directions
and advice.
To prove to the public the predetermined disposi
ton OF those whom have served so cfectually to
render this contract subscrvent the intention Of
cvadng what was solemnly bargaincd to be paid
me, il be observed the contract is dated back
| to the 24th day of August well as the memoran.
dun of agreement referred to, WREN it was in re-
atty signed on the night of the Sd of October, the
night only before sailed. That have been
| wrong in Intention, that would receive a bribc
for doing my duty, the public hope will acquit me
| as freely as my own heart does; but that i have
erred, that was imposed on, that was scd,,ced
by the wealth and standing of those Thought homo
rable men, to sign an agreement, that may be even
distorted to bear an improper constructions bitterly
lament: but 1t is some consolation to me to know,
that my eminent Counsel, and many honest Ner-
chants of New-York, view the ransa cton diiicrent<
| ly from the Chancellor Of the State Of New-York
The defendants themselves have raised the aues-
ton Of legality, the instrument of their own, die
tation-the contract worded by themselves. How
we'll they have succeeded in their rlan the op;nion
of the Chancellor sufficiently proclaims but thoYe
was no other means of warding deeper obliouy
than an answer to the bill, and investigation of
the facts would have exposed the false charge
OF insurance, underhand shipments consigned TO the
| Captain and Mate. Debenture obtained on Cam
(for suit OF sails) landed. These it was
hoped to screen from, the public gaze. To the Ocean
insurance Company refer for the proof of the over
charge of II per cent: To their own confession for
the underhand shipments To the Custom House
| for the drawback on canvass, which was made up
into sails on the voyage, and which mere accident
has brought to light. All this, however, hardly e.
quais the round about propositions, repeated by two
respectable gentlemen of the first ward, ,,o,o since
the decision of the Chancellor is known, to settle
with me on equitable terms, and pay me what may
be due me, and as an argument for me to do So
threatening prosecution for what was paid me az
Lima, being paid under the illegal contract
Were capable of coming to such terms md recei-
wing such moneys, should then indeed be the gull
~ thing the Chancellor would make me- and deserve
all his opprobrOus epithets but We're the sum fifty
times great. the ptiful fifteen sixteen hum
dred dollars, justly and fairly claimed, spurn Sc
the consequences with Indignation.
| have already trespassed solong on the patience
of the public, Roget the necessity of a single word
more. know it is industriotrsly ATTEMPTED TO he
madc.appear, that precpitaied this suit; that the
Defendants were willing for an adjustment. The
facts, waited ten months after my arrival. the in
termcdiate time employed in begging a settlement:
that wrote them statement of my claims, and
placed it in the hands of Mr. Hoyt, entyeatinc in
the event of their not being able adjust it, that
1T might be left to arbitration. Mr.. Hoyt always
professed to be willing, and believe he was sim
cerc My letter TO that effect written the 31st
| January, 1898, about four months before the COM
mencement Of the suit, to which never received
written reply. The answer Of MIR. Tii,bets in his
own Office was, "Maf mas already paid more Na,
fought TO hare, and might seek redress .cere could
find ill., Yet did not preciptate my appeal to a
court OF Equity. | waited the arrival of the Anne
| RIGA from Canton, gave them afterwards rcasona-
BILE time. Seeing chance of settlements directed
l Mr.. Pierre G. Van Wyck to address them note
stipposing they would then that was in earn
est but after frequent erGsions the part of Whit
i,ey and Tibbets. the young gentleman who bore
| language.
have bni ore farther observation 20 rnake,wlIicf
is simply this, that if the doctrine Of the Cfianre-
Tor Is to- be received would part with one con-
stItutiona right possess American citizen, ia
hold one hour that commission heretofore my pride
| and glory to become the disfranchsed thing, the
walking antomatou, he makes the Navy Officer.
should hold myself cheaper than ihc Turkish slave
who never knew what freedom was. | had vet to-
1 10 frnrYs IN, At