The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-19

and people of the United States that the Presi will
be ready and tudous to foster the friendship
happily existing between the respective countries
and to promote. far may consist with his public
duty, the prosperity Of Germany and the accomplish
ment of the great objects which the German people
have in view. The undersigned requests the honora-
BILE Secretary Of the United States to the
President that this feeling Is most cordially recproca
by the government and people Of Germany
The undersigned avaiIs himself Of this opportunity
to to the honorable Secretary State of the
consideration ROENNE
Hon JOINS CLAYTON Secretary of State OF the United
States, Washington.
Mr.. Clayton TO Baron Roenns.
DEPARTMENT STATE,
WAsHINGroN April 20, 1S49.
The undersigned, Secretary of State had the honor
to receive. on the 18th the note which the German
Minister did him the honor to address to him the
l4th instant.
An immediate reply to that note would have been
the easy and obvious duty of the undersigned seeing
that it had intention of this
TO argue the question that has originated the present
correspondence The path Of duty lies too plain be-
fore the Executive, to admit of either hesitation or
dispute but sincerely DESTROYS to witness by every
proper method, profound respect for the German
government the President deemed it advisable before
arepy should be made to refer the Minister'S note and
the questiont involved for the opinion of the Attorney
General of the United States.
In communicating therefore, as have now the honor
to do copy of that opinion dated and received yes
day. for the information of the German government
the undersigned merely discharges act of duty i'm
posed upon him by the President by whose directions
he Is precuded from proong further the discussion
of subject that has already been fully decided after
the most mature and deliberate consideration The
undersigned reluctant even to advert to the recent
intelligence from Europe, which would only to
confirm the propriety and necessity Of the course
adopted and accordingly he will in conclusion
simply recall Baron Won Roenne's attention to the
language which the undersigned instructed to hold
in his note Of the 10th instant viz That the moment
you shall be prepared to communicate to the under
signed in writing the solemn that the vessel
in question, now fitting out in the harbor OF New York;
is not designed and intended to be, and will not be-
employed by your government against any power with
which the United States now at peace, such as
suranes your part will be deemed and taken by the
President sufficient pledge and security remove
all doubts from his mind and to justify him in suffer-
ing the steamer to quit the port Of New York. and to
proceed. without interruption hindrance to her
destination whatever that destination be- 1t being
distinctly understood that the said steamer whilst the
property If the German government of her agent,
vessel"
The undersigned confidently hopes that the Minister
OF the German empire will be prepared upon the re-
cept Of this communication, to give the assurance,
again solicited in spirit of friendly forbearance which
CT itself will be both requisite and sufficient to relieve
the Executive from the alternative and painful duty
that otherwise must needs devolve upon this govern
ment.
And the undersigned avails himself Of the occasion
to to Baron Won Roenne the assurances of his
high and distinguished consideration:
Envoy Extraordinary and Minister plenpotentiary
OF the German Empire.
OPINION OF THE ATTORNEY GENERAL.
ATTORNEY GENERALS OFFICE, April 28, 1849
Sir Il have considered the questions submitted to
nn s the
German Government in the port of New York with all
the care demanded by their Importance and the desire
to faithfully the neutral relations of the Uni
ted States, without violating the courtesy due to
friendly Power. The result proceed to give you
The long cherished policy Of this Government origi
mating in 1894 and continued ever since has been to
maintain strict neutrality between belligerent
tions. This policy, which had clear right to adopt
has itself by its results to the favor of the
people and Is duty to uphold 1t by enforcing the
laws according to their plain construction looking
For the purpose of this opinion it is unnecessary to
refer particularly to other act than that of 10th
April, 1878, and to its third section.
And the question u.s. whether the of the steamer
in question not within the provisions of that section
assuming the to be is stated his
Baron koenne. in his communication to your Depart
ment Of the 14th instant.
am clearly Of opinion that it is, and for these
First. A state of war still exists between Denmark
and the German empire. as far advised, and
did exist during the fitting out of the steamer
Second. She is being fitted out and armed vessel
Of the German Government and is calculated to cruise
and commit hostilites against Denmark its property,
or subjects
Third. A ship so armed and fitted, when upon the
high seas in state Of war is false to its flag and honor
If it does not I" commit hostilities' upon enemy
whenever or wherever it meets one The intent
OF her employment, as far her enemy is in
voved, cannot be peaceful. 1t must be warlike
Whether the meeting is accidental or designed, the
conflict is Intentional 1t is known beforehand that in
such contingency, hostilities must ensue
der. As the latter never to be imagined the femer
must be considered MS intended. 1t was by
the object of tho act of 1878 to distinguish between
proximate or Immediate intent and any other intent,
in the Of the word intent in its third section Any
intent, direct contingent to cruise and commit
tties with the vessel fitted out against nation with
which the nation fitting her out then q. is with
in the act.
The design was to prevent the United States from
aiding either beligerent, to observe an absolute neu
tality and to do this by prohibiting the fitting of
vessels for the service of either in ports TO
strue the law Baron Roenne suggests would be to
render it almost wholly nugatory This is evident
consideration of fife instance before The proxi-
mate intent it Is commended is not cruise conmit
hostties against Denmark the vessel repair
to Bremerhaven There await orders what these
orders are it is impossible to anticipate They must
OF necessity depend upon contingencies which shall
then exist, and which cannot be foreseen." The
design therefore, to cruise &c is not dsavowed The
warlike purpose of the vessel is not discaimed But
because there Is actual present intent to cruise &C.
and because she may reach the place of her first des
nation without meeting enemy, and peace may DO
of her equipment is innocent Such is not the inten-
tion Of the law. In this opinion am perfectly clear;
and find myself supported by several opinions in
Joyous cases heretofore given by this Office and on
than one occasion mentioned by the Supreme Court
a, have the honor to be- respectfully sir yonr obc-
HON. JOHN NJ CLAYTON &C. &C. &C.
Baron Roenne to the Secretary of State
GERMAN LEGATION, New YoRK, May l, 1S49.
The undersigned, Envoy Extraordinary and Minister
Pies potentiary of his Imperial Hghness the Vicar Of
ceve the note which the honorable Secretary of State
Of the United States addressed to him the Goth I'LL
umo, on the subject OF the steamer UNITED States"
in reply to his note of the 14th ultimo
The undersigned can have desire to draw the no.
norabe Secretary of State into further discussion Of
the subecta discussion not originated by the former
being informed by the honorable Mr. Clayton that he
is precudcd by the directions Of the President from
f.r'har the discussion Of subject that had
already been fully decided after the most mature and
deliberate consideration but the undersigned owes
to the Importance of the to ask leave to offer
CIV remarks the opinion of the Attorney General Of
the United States copy Of which has been transmit
ted TO him.
1t seems in the first place, obvious, that nothing Of
what has occurred In this matter be considered as
coming under the act Of Goth April 1873 nasmuch "a