The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-22
The seaitprg Of State 10 NJ Poussin.
DEPAsTgEST OF STATE,
IIdshi,gfon ApIil 10 1919. (

SIR: / have had the honor to receive your note Of
the 30th ultimo, in reply to that Of the 2Sth, ad
dressed 10 you by this department, on the subject
Of the claim of Mr.. A. Port, French citizen,
against the Government Of the United States. You
are correct In saying that ] did not set forth at
length the reasons which led me TO the conclusion
communicated in that note. This, however, must
be imputed to no doubt on my part as 70 the ade-
quacy Of those reasons, but 10 presumption that
YOU would necessarily arrive at the same conclu-
sion il you bestowed upon the documents full es-
animation In the correctness Of most Of the facts
stated ia your breyiate Of the case entirely
cur but you mention which can nowhere
find authenticated by the evidence, and 10 which 1t
IL important should at the outset invite your at
tentiOn. You observe, +" Mr.. Port was in fact not
ignorant that Mr.. Domercq bad said that he was
the owner Of the tobacco the day BEFORE" [29th
October.l Not being able TO find any proof Of this
statement, must be allowed 10 ascribe il either 10
a overnight on your part, or TO design 10 convey
an impression that Mr.. Port was not aware that Mr..
Domcrcq was the owner Of the tobacco until that
time. No such impression lie warranted by the tes-
tmOny. On the trial Of the case before the military
court at Puebla, MIR. Domercq, at Mr.. Ports own
request, examined as a witness in his behalf
The following Il material part Of his examina-
tom
Question. Did not, on several occasions, inform
you that ] intended 20 buy the tobacco
1nsper. The first time ever heard any thing on
the subject was one day when Port called in my
hearing on the son of the Spanish CONSUL and asked
of ihe tobacco. The reply 70 which was No; for IL
l. the property of friend, and you will make
yourself liable Ia a reclamation. Some day two
after Port told witness ha bad pure ased 500 bales
Join him IN the purchase; 10 which he replied in
the negative, for he did not wish TO buy his own
property. Port answered, that made no difference;
thai he could always interpose his claims
Now Il seems to me, SIR, that this establishes in
the most positive aud jrrefragabe manner the fact
that prior ~ the sale Of the tobacco 10 him. under
the authority Of the United States, Dir Port was
aware that the tobacco was private property, and
that the sale about 10 be made in ignorance Of
that fact This testimony is confirmed by circum-
stances mentioned in the testimony Of Colonel
Childs in biz examination before the same court
Sensible, apparently, Of tie importance Of showing
that Mr. Port when the tODacco was sold ~ him,
did not know that the United States ware Vithout
title 20 IL; you endeavOr TO invalidste the testimony
Of Colonel Childs by asserting that Mr. Port could
have had no knowledge Of the previous sale Of the
tobacco, because he was not in Pucbla at the time
Of the sale 10 Mr.. HargOus to Mr., Domercq; that
he left that city on the 10Th September ls4t and
did not return until the l5th October, the day be-
fore the advertisement Of the sale at which he pur-
chased supposing these allegations TO be true,
(and / do Question that you believe tbeTn) il il
strange that no proof Of them was adduced before
the military court at Puebla. Had this been done,
il cannot be doubted that due weight would have
been allowed TO them. Inasmuch, however, as they
rest the statementof no witness, in consider
ing the testimony J am under The necessity Of re-
jecting them entirely
You also deny the assertion Of Colonel Childs
that Mr. Port was tobacco dealer. BY this, you
doubtless intend 10 repel the presumption that he
could have taken such an interest In the trans
actions in that article at Puebla must necesssri
~ have led 70 a knowledge Of the previous sales Of
the tobacco Il may be that trading in tobacco was
Z
In Tact, however the sale did not take place un-
al the 2lst October which afforded Mr. Port ample
leisure 10 make such arrangements and acquire
such information az be might have deemed ncces
sary for his interests.