Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-08-06

sve case snouio nave assumeo the aspect v0nt mas
We sincerely sorry that, by the advice Of injuc
sious friends, Mr. Clark, the late Mayor. has been
induced to throw it into the hands a the Bewspa-
Pers; because we were DESTROYS. his own account
not even to aIlude to the case il we could possibly
have avoidedit We have hitherto carefully abstan-
ed from even commenting upon the matter; although
we were aware Of the correspondence that has pass
ed upon the subject between Lord famerston, Lord
John Russell, Mr. Buchanan, the British Consul
here, and the British Minister at Washington.
Some Of these letters have been shown to us from
time to time as they transpired, with the answers
thereto; and although were aware that Mr..
Clark had acted anwisely, to the mildest term,
and think illegally, in the matter yet the high
respect we entertained for this gentleman in private
life, as well our personal preferences Tor him,
have hitherto made US hesitate to touch the subject
But as he has removed all our scruples upon this
point by his nudicous letter and publication in the
% Sunday Morning News" we have no longer the
least hesitation in going fully into the merits of this
case. And in order to give clear view Of the same,
we will "begn at the beginning"
About seven years since, Captain johnson, who
had served honorably captain Of a volunteer com
pany for eighteen years in Scotland, gave up large
farm in that country Edinburgh, and emigrated
to Upper Canada. He received grant of land from
Sir John Colborne, about Is miles from Toronto,
which he farmed for two years with profit and
credit, and then leased the same. He then bought
fine farm of 400 in Northumberland County,
Lake Ontario, U. c., where he resided with an
amiable wife and fine family for five years. respected
by all who knew him, as he had always been at
home before leaving his native country; and though
not a very wealthy man, was what is sometimes
called man well to do in the world;" paying his
way, perfectly independent, little high spirited,
fearing one, STOPPING to one, njuring no enc,
and doing to others he would be done by.
His father dying, he left his farm in Canada the
4th of May, 1888, for Scotland, to settle his affairs.
This done, he prepared to return, previous to which
he induced to enter into az agreement with the
Commissioners Of the Aims House of ST. Cuthbert
to take out with him, as indented apprentices, 8
sreng hearty boys Of from Is IS years Of age and
healthy girl Is years old, besides servants, all Of
whom he bound himself to provide properly for; and
in short, the whole affair was managed precisely in
the same way that the Commits soners Of the Aims
House in this city bind out children daily to
most respectable citizens. In this case of Captain
johnson the consent Of the parents obtained be-
fore any OF them left Scotland. 1t being towards the
end of October before the final arrangements were
made, il thought most prudent by Capt. Johnson
sail from Liverpool to New York, and thence take
his servants and apprentices by river and canal to
Buffalo; a ID thence direct to his farm in Canada
Through the misconduct of the shipping agents in
Liverpool, the barque Chictain," in which he took
passage did not leave until nearly the middle Of No
vember instead Of the 18th October as she was adj
vertised for, when Captain Johnson paid the passage
money for his people, amounting to SlS5 OO. Before
he left Liverpool he also paid So head 10 the firm
Of Hamilton, Brothers Co, shipping agents in Liv
erpoo for all his people, the communication fee, de-
handed by the ia,c Of this city, in order to reimburse
the New York Commis sioners Of the Aims House,
in case any emgrants became chargeable to the city
before they have been here two years. This
Capt Johnson paid, aud therefore fulfilled the very
letter Of laws, and had perfect right to bring
his people through this city his way TO his farm in
Canada
Through the delays in Liverpool, he did not reach
here till the beginning Of January this year, when
Navigation was closed. He had never been in New
York before, aRd therefore at loss how TO get
his people overland to Buffalo. Whilst engaged in
the city, effect this object, his people were taken
of the vessel by the Commissioners Of the Aims
House, and warrant was issued for his arrest He
was told that he had broken the law by not entering
the boys, and ordered to pay fine Of $500 Here
was an illegal proceeding in the onset; the proper
persons, as Mr.. Nixon, the Corporation Attorney,
and Mr. Buchanan, the Consul, informs for the
Commits soners or the Mayor to proceed against,
were the agents of the vessel here, the Captain 81
her. Captain johnson had paid his communication
fee, $50 for the whole Of them, and was in no way
ponsible even il the whsle became chargeabe to
the city directly. lie had complied with the terms
Of the law.
But instead OF proceeding against the proper per-
sons the MAYER, or the Commissioners, il matters
not which, (for they were acting in concert) pro-
ceeded TO- arragg try, and sentence Capt johnson to
pay fine of $500. lie offered to pay the commua-
ton fee over again rather than be delayed, for he
wished to take the boys ON TO his farm in Canada;
but he was told that he must take them all back to
Liverpool. This most unjust and illegal order he
properly refused TO comply with. lie had bound
himself to take them to Canada, and he able and
DESTROYS tn do so. lie was then desired by Mayor
Clark TO attend his office the 10th of January, and
the Mayor issued the following curious letter TO
Sparks and Hays, police officers:
GgsrLrMrs- -
not arre., Samuel johnson until further orders
4, IL. been Office &c the Co~iss'oner and proper
,a.gen,n are to be ysade a. at Office and
wi.h ,ou both o he then present there
(s,sn.d AARON CLsnS Mayor Of se city Of New Yofk.
JlSCsKY 9th, 1889.
Captain johnson attended as desired, and was al