The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-27


all he wanted was gi0 which had been promised him 10
take the ship home that II they would pay that sum ne
na M s IN nv rH a. ne
he had better Mr. Gordon if he wished to go rfat~
that Capt York had promised not to take mate which
should not meet his appreciation and that he would re
gousy keep that PROMISE The Consul not being in he
remained there for the purpose Of seeing him. and re-
Mr. Mure sent the letter to my Office late in the alter
noon which was not delivered to Capt York until next
morning in consequence OF the great distance OF the
barque, and this Mr.. Mure calls smuggling Capt. York
on board. r
AgainI should like to know where MIR. Mure finds
authority for debating and interfering with the Cap
tain Of the British vessel in selecting mate to sup
ply the place OF one who had, with the consent OF H. b.
NJ Consul been discharged for misconduct there being
no such power vested IN the Consult in ordinary cases 1t
is to be presumed that he did not attempt to usurp It.
The allegation Of Mr.. Me tat"Ihe very first act OF
Capt Turner and adft the whole from the I'd
mate to the cabin boy thus at the very outset violating
the the terms on which he was permitted again to
is untrue in all its parts CabfaiXork did not say
word TO either except notify Mr. of the settlement
latter lett the ship visited the tonsus Office and return
their duty the whole time until the departure of the bark
going 70 sea in Her. Not from the second mate to
the cabin boy, was dismissed requested to 60 on
shore. Mr.. Turner had been recognized by him
belonging the Adebaran, and Scott had been dis
charged long Before Had it been otherwise, would not
such fact have been urged in the petition for the libel
in the argument thereon would it not have been mat
ter of complaint by Mr. Mure in his conversation with
Mr. Robinson or Mr. Moor on the als and especially SO
with me the 22d in all which con Intersections he de-
cared that the whole affair." far he and the British
government concerned on this side Of the Atlantic,
had been settled that he had washed his hands of the
whole matter manesting the utmost satisfaction at the
result when if the he undertakes to des
cribe justification for his conduct had taken place,
would he not have made them subject Of loud com.
plant and particularly the evening Of the 2lst a
oath Of the had
undertaken at his instance and request is impossible
to believe but what the Consul would have mentioned in
his conversation with Mr.. Moore at the Merchants Ex-
change that night such wanton act of bad faith the
part Of Capt York If il had existed and he would have
held the aforesaid conversation with me- if there had
been any authority therefor.
Neither Capt. York myself saw Mr.. Mure or Mr..
Chiffon the afternoon OF the 2st after the delivery of
the letter, until the proceedings in Admiralty had
been instituted No demand had been made on Captain
had not been any refusal This treacherous act Il com
mittedby Capt York, must have been conceived and
lows that this story has been got up for the OCCASION in
the hope of justifying that, which without excuse
cation still further induces me to believe that the Con-
suls mind must be unsettled cannot yet believe him
to be so depraved as to have concocted the story in his
cooler and reflective moments.
We have the confession in part of Mr. Nures letter
that Capt York had been permitted again assume the
command Of the Aldebaran.
Why then call his doing So being smuggledn on
board Why talk about compromise suggested" if it
had been agreed to, and Captain York permitted to
the command pursuant the terms of that
mise
we now come to the proceedings in Admiralty Mr.,
this court are invoked herein at the instance and
guest of the said William Mure representing the British
government at the said port Of New Orleans
Mr. Winthrop swears-" That Mr.. Mure, the Cor H.
was at his office Monday evening, (2lst); that Mr.
Chiffon also there that Mr. Mure in express
consented and advised the institution of this suit
Mr.. Mure, in his letter before me, says =" Upon
Mr. Chiffon being apprzed of this wanton breach of faith
Cunning adrift the whole crew from tho second mate to
hU MT nnNoo ind IN htc 81
vice. who recommended him to libel the vessel in the
United States Court, and my consent being asked to
those proceedings was OF course, at once given
How to reconcile these varanccs is some hat diff
cult had the Consul not done than he sets forth it
would not have been very Objectionable provided, his
consent necessary to sustain the suit give u-
rsdiction to the Court ii expressly agreed that
Mr. Chiffon should be at liberty to pursue whatever
course he thought properhe Consul perfect
neutrality this side of the Atlantic. Has he in the
language Of his second letter to Captain York OF the
2lst April remained passive in the matter? No one who
shall take the trouble to read the history this affair will
accord to Mr. Mure the character Of having acted pas
sively" in the matter
Britannia Majesty's Consul's consent necessary to
sustain the suit or to give jurisdiction to the Cou,tl
slightest degree affect the question The question is
did the Consul preserve entire neutrality His UNMARRIED
and untirng persecution of Capt York. which continued
through the whole affair, answers this question As
soon as could get copy Of the process'in Admiralty
called the Consul with early the morning of the
fully calculating Mr. Mures disavowng having
authorized such OF his name and Office not then
believing he had authorized it. HaN
His allowing the suit to go in his name, is ratifca
ton of the oath Of Mr. Chiltonas much II he him.
SELF had taken that oath and again. the testimony Of
Colonel winthrop the Proctor nails him to the counte
and them his refusal to endorse SCOTS discharge
the ships articles. his erasing SCOTS from the
could not be read his inserting that of Captain Turner in
place thereof and in clearing her out under the command
ala Of gog so 70 GGS and with
vessels and finally procuring the steamboat (and going
in her to the vessep which took her to All, ali
forbid the idea Of his having preserved his neutrality or
Mr. Murcs other charges against Captain York are
In his letter to of the 18th April he INDUCES some
general expressions, in reply to which he is notified by
my reply ofthe da>p Of Captain Yors readiness
brought forward before competent tribunal to pass on
the matter and although they subsequently brought Capt
particle of proof adduced in relation thereto on the con-
ary the most satisfactory proof had been adduced of
his sobriey exemplary conduct and capable attentive
and peaceable department as ship master
And as to the Records Of the Court in the suit Of "scott
York., for the recovery of five pounds claimed for
pair Of pistols and money alleged to have been lent
furnishing proof of perjuiyno such proof is exhibited
judgment rendered for the on the testi-
mony oft steward, "a man whose feelings very
much embttered against Captain York. who had found
necessary to pursue rigorous towards hm)
and two sailors who testified toaving heard
York.
ITO shipmaster in foreign land who had been
harmssed in the law by drunken sailors, aided by a
lawyer, Of perjury, because the magistrate rendered
Judgment against him the testimony of three sailors
the suit not defended by Counsel, and the justice OF
which claim the Defendant denied oath-is rather
severe! And are to understand that Her Britannia
Maestys Consul considers this the right way defend
the honor Of British ship masters who visit foreign
countries and as usual imposed by their sailors
they can get spirtuous liquors
After all the proceedings and the Judgment rendered
by the United States Court the Rule in the Libel
case the Proctor therefor proposed to me- il Capt York
would yield the command and return with free passage
to Hull he should be furnished with letters from Messrs
Mure and Chiffon to the and agents of the Aide
baran recommending them to overlook all that had
ccurred and to renstae him in the command; this was
promptly rejected there not having been thing done
by Capt York to overlook, and because he could not
without dishoner yield the command. lie might we'll
be asked to put in the plea oguty to all their unfounded
allegations
What Mr.. Mure means, when he speaks Of my signal
defeat, cannot imagine | had the satisfaction to
drive them out Of Court In all three of the suits they
instituted And in the Rule for contempt they resorted
10 The nlea TO-