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

| taken place between him and his client, Captain
YORK on one side, and Mr.. Mure, British Consul at
New Orleans, Mr.. Chiffon, &c on the other. Mr.,
BARKER IN addition TO the article referred to, has
also drawn up prvcis OF the course of litigation, in
pamphlet form, but at present we have barely
room TO glance at the facts which, in the opinion of
the writer, go to convict the British Consul oa dis
regard for a dgnifed impartiality, breach OF
tain, and an arrogant assumption of power, which
his consular functions do not invest him with The
facts are these
Capt York, of theiBritish barque Adebaran, from
Liverpool to New Orleans, suspended his first mate
Tor insolence and refractory conduct. On making
her destination, Scott exered himselfto reverse the
Captains decision, and for tina, purpose made in
iiuence with Mr.. Chiffon who is relation, and
represented himself as the agent for the owners OF
the vessel-lIolderness, Chiffon IL Co., OF Liver
pool This person assumed the authority OF writing
to Captain York, to consider himself removed,
and leave the ship Captain York, strong in his
title 10 command, encouraged by most explicit
letter ofnstruction from the owners, in which nota
single word Of reference made to this pretended
agent, Chiffon, naturally condemned his order-con
shifted with rhe consignees Of the vessel, Messrs.
Gordon a. Co., and manfully kept command Of the
ship whereupon Chiffon, at the instance, as it APP
pears, of the British Consul, appealed TO the Third
Municipality Court of New Orleans, and charged
upon oath Captain York with violence. The captain
was arrested and put into prison. released on bail to
appear before the court, which he did, and through
his lawyer, Mr.. Barker, defeated Chiffon who
failed entirely to show his agency right to inter-
iere. Baffed in this attempt, an application for a
libel against the vessel was made by the same par
ties, the ground that the owners were suffering
by the delay consequent the alteration, and that
pending the final adjustment of differences, the
court should nterpose, and cause the vessel to be
loaded and cleared for sea- In this actiou allega-
tons of gross misconduct were alleged against the
commander of the Adebaran, as ground for the
courts interference but the decision of his honor
the Judge so adverse on some material points to
Chiffon, that he withdrew the action and paid costs
Thus far, Captain York was triumphant, but ruse
of the vanquished, and one, which to reader ofthe
pamphlet now before us must be termed most I'M
fair, secured the object they had in view, to Gust
Captain York from the vessel. They applied to
Court to order that the vessel should be delivered to
the proper agents of the owners and the clerk Of
the court, for some reason best known to himself
and the plaintiffs who had access to him, ordered
the vessel to be delivered to Chiton-who, accord
ing the lan7uage Of the Judge had entirely failed
to show his legal agency. The end of the matter
was-that, with all haste, another Captain called
Turner, was put board, and the ship clandestine-
ly towed and sent to sea, with the sanction of the
British Consul who went and personally supervised
the operation
Mr.. Barker, In review Of the whole case, charges
the Consul with IMPROPERLY first, in being the prime
mover Of an appeal TO the u s. Courts, and then sta
ting in his address before the Court that he not
in any degree under the restriction CONTROL dlrec
ton of the United States authorities, and had abb
solute right to remove Captains of British vessels
without assigning any reason or explanation. Sc
condly-in promising Captain York to give his con-
sent, (Which was necessarily to the removal of the
mate, Scott, and afterwards refusing to do So
making it likely that the apology made by Captain
York, for harsh language he used towards the Con-
sui, was the object the latter had in view in making
this promise. Thirdly his stating on various occa-
sions, that he would wash his hands Of the matter,
and dissuade Mr.. Chiffon from proceeding with suits
at law-and yet cooperating with Chiffon to the last
moment, not resting until the Aldebaran was, by
trick sent sea- far out of the reach of Capt York.
her legitimate commander. These and several other
points seem clearly made out in the pamphlet, TO
which we cannot further refer
CONFIRMATION OF McCrRRy DY BISHOP EccLE-
son, AT BALTiMoRE.-The atrocious murderer, Nc
Curry, who, according to his own story, is one OF
the unmltigated villains that ever existed has
been made the subject of religious ceremonies of
the Catholic Bishop OF Baltimore, and is now put
forward to the world the verge of entering the
Kingdom of Heaven by hop-skip-and-u as it
were.
This is another example of that false sympathy
for criminals which is now so rife in this commune
ty, and which entirely overlooks the poor, the
wretched, and tle ignorant-a those classes indeed
who really merit the regard of enlightened benevo-
lence. The confirmation of the criminal in the
case now before u.s. is certainly not little singular.
Ifthe principle be corrective do not see why Bishop
Eccleson, or any other Bishop Of the Church may
not, with much proprey, perform the rite of con-
irmation on the Devil himself, provided he would
come the shape of murderer with his tail hid
in his coat pocket, and his horns laid aside for the
| time in order to impose upon the man of God.
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THE RAILROAD TO TIE PACIFlc.-Mr Whitney,
who has made some noise about his project of a
railroad to the Pacific, appears to be good deal Of
visionary. He says elf we can build one mile
we can build fifty" This logic is about as good as
if he had sad-''if we can jump two feet high, we
can jump to the moon" This whole project is r.
diculous and absurd. Centuries hence it will be
time enough TO talk of such railroad.
FROM ST. DoauNGo.-Wc learn from Capt Wade.
of the brig Pocahontae, arrived last night in 81 days
from the city Of ST. Domingo, that every thing was
quiet there when he left, but that there was consde-
fable fighting going in the Hayden part of the
Island Spanish brig-ot-war arrived at St Do
mingo the night previous to the sailing of the p,
| which, after taking board some soldiers sailed
| again in the course of the night
MILITARY WORCESTERSHIRE Secretary Of War.
accompanied by Gen. Wool, Midshipman Marcy,
Col. Alcott, Mr. Crosswell, and Gen. Towson, ar
rived yesterday morning from Albany, at the me-
rican Hotel.