The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-22

not Mr. Ports sole business, but the very fact of his
purchase and sale in this instance Is sufficient an
swer TO the unqualified statemest that he was not
tobacco dealer.
Ii, therefore, the legal testimony only in the
il stands be regarded, must deem it incontesta-
bic that Mr.. Port, at the time he made the pur-
chase, privy 10 the fact that the tobacco was
private property. Now, II is presumed, that you
would not claim on his behalf from the United
States more than the Mexican courts would have
awarded 10 him, supposing that he had knowingly
bought the property of an individual which the sell
ler also an individual, had sold without being
aware of the true owner, and which property
subsequently restored 10 the true owner by process
of law. III | am correctly informed, the Mexican
law declares that in such the purchaser shall
not only not recover damages of the seller, but
shall not even be entitled to return of the purchase
money.
These, sir are the grounds for my opinion that
the military court AT Puebla, in decreeing to Mr..
Port restitution of the money which he had paid
for the tobacco with interest thereon, had rendered
him substantial Justice, and that il part of
their duty, is il now the duty OF this Govern
ment, TO guaranty Interpretations made by him in
an article purchased under such circumstances.
This opinion is not, in my Judgment, shaken by
the remarks contained in your note
avail myself OF this opportunity to renew oyou,
sir, the assurance OF my high consideration.
j. M. CLAYTON.
To WIN TELL PoussIN, &c.
Translation of note from the Minister Plenipoten-
tiary Of France.
LEGATION OF FRANCE,
WAsHISeroS, April -, lS49.
To the Hon. JOHN M. CLAYTON, Secretary
SIR received on the 10th instant the letter which
YOU did me the honor to address to me, in answer
to one wherein presented the principal reasons
which should, in my opinion, induce 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
mr. ha ser az he tobacco q
M. Domercq, and not of the United States; then,
proceeding upon this hypothesis you go on to say
that Nj. Port, so far from being entitled to REIN
bursement of the sums lost by him, in consequence
of the annulment of the sale made by him to M.
Abadie, did not even deserve to have restored to
him the which he had paid into the hands of
Quartermaster Webster as the price of what he had
bought from the United States.
Permit me, MIR. Secretary of State, to observe to
you that, in reasoning thus, you CO. rather singu-
lary beyond the decision of the court martial held
at Puebla on the 18th of November, lS47
This military court, which permitted Col. Childs
to carry out, without interruption, his string of
ca dummies incredible, certainly by means
over favorable to M. PORT yet it refused to recog
Mise in M. Port that bad faith which, in your opin-
ion, might relieve the United States Government
from the charge of returning TO this Frenchman the
sums paid by him into the American Golfers, and
employed for the support of the army.
1t is among the evidence given before this court,
which did not admit the charge OF bad faith, that
this object the questions addressed by NJ Port to
M Domercq, and the answers given by the latter.
1t would be easy Mr.. Secretary of State, for me, by
examining each word of this portion of the ingui-
res to establish beyond question that, far from
its being against us, it serves effectually to
throw the allegations of Col Childs but shall limit
myself TO account Of the explanations given
this subject by M, Domercq himself to the Legation
of France, on the 18th OF April, lS49. M. Domercq
then declared;
/. That, while in Pueba, he gave notice what
soever, in 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 10Th of October, address to COL Childs's
tary his claims, which, from reasons that we do not
and wish not to learn, remained without effect.
g. That the conversation between M. Port, and
the of the Spanish Consul, to which allusion
made in the court of Puebla, may have related, not
to the five hundred bales of tobacco already bought
by NJ Port but 10 the other lots of the tobacco,
which were afterwards to be sold at the same place
These declarations, sir, in support of those of
M. Port. do not therefore, hesitate to believe that,
taking into consideration the different proofs which
favor Nj. Port, and admitting, the other hand,
that should always be considered as acting
in good faith until the contrary be proved, you will
knowledge the good faith of NJ Port.
have yet, sir, TO answer two objections which
you have made TO the reasoning contained in my
letter of the Goth.
When told you that NJ. Port is not a tobacco
dealer, meant this in answer to the deposition of
Col. Childs where he uses these words: "Witness is
of opinion that NJ. Port has rendered himself
guilty of collision with his secretary; that they
had 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 quantity of tobacco could not
have been sold III Puebla without the fact being
known 10 all the tobacco Dealers"
My reasoning this; man not habitually
engaged in the tobacco trade but who entered into
il once only when seduced by opportunity, may
very fairly be supposed TO be ignorant of the spe-
ca operations of that business which tobacco deal
alone interested in learning; but, If NJ.
Port were tobacco dealer does it necessarily fol-
low, as Col. Childs concludes, that he must have
engaged in a criminal understanding with NJ.
Wengierski, and have rendered himself guilty Of
cousioni Really SIR if there is in all this an un-
qIaif fed assertion, it Is not mine, but that of Col
Childs, which you have not hesitated to endorse.
Finally, Mr.. Secretary of State, ! said, in my
note Of the goth, that NJ Port quilted Puebla on
the 10th Of September, and did not return until the
18th of October, lS47. You answer, that this
sertion Of mine Is not supported by any evidence
and sou therefore consider yourself justified in
jecting il entirely shall therefore TO this
letter some documents, the mere reading of which
should convince you of the reality of the statement
made by me and you will also see that the Lega-
ton of France, which would never consent 10 be-
come the organ of criminal accusation, without
proofs, docs not venture-without proofs-to adj
vance an assertion OF a fact of the most innocent
nature.
Allow me to hope, Mr.. Secretary Of State that
this letter may be the last of a correspondence
which has 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 debt contracted during war, under the
pressure Of necessity, than TO avoid its payment by
endeayoring TO brand the character Of an honest
mani
Accept, ! pray you, sir, the assurance Of my
high consideration.
GUILLAUME TELL POUssIN
Document, accompanying the letter from The French
MiniIter, Of april -, ls49.
No. |.
HEADQUARTERS or THE CoM'DT. GEN. or TIVE FACE
STATE or PUEBLA.
ATLmco, October 10, lS47.
|, the Commandant General Of Division, com