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

tion of the automatic relations of M.
PoUssIN NTH the Government of the
United States.
Translation of a note from the Minister Plenipoten-
hay Of France.
LEGATION OF FRANCE IN THE UNITED STATes,
WAsHINeroN, February Z, lS49. 5
Sir: The Minister of Foreign Affairs has sub
mitted 10 me claim, brought by Frenchnan, es-
tabshed in Mexico, named M. A. Port, for indem
MITIGATION for damages sustained by him from the
acts of certain agents of the Army Of the united
States, in consequence of the sale of five hundred
bales of tobacco which had been adjudged to MN.
court of equity, assembled at Puebia, has already
pronounced upon this affair, and the decision 81 .s
court has been approved and oonI a as ha
ceeded the latter in the command dld not however,
wish to deprive Mr.. Port Of the faculty oil appealing
TO higher authority, and he gave orders 70 Coionei
Childs the Commandment of the city OF Puebla, To
Law all the circumstances of this claim Immediately
before the Secretary of War Of the United States.
From what has been said above, it appears that
the Government of the United States has already
taken up the matter, which am charged TO prose-
cute here pray you sir, TO do me the favor to in
form me what issue your Government intends to
give to the claim of Mr.. Port
embrace this occasion to assure YOU sir, Of my
GUILLAUME TELL POUssIN
To the Hon J. BUCHANAN, Secretary OF State.
Note from NJ. Potissin to the Secretary T State.
WAsHINGToN, March 3D. lS49.
M. PoUssIN presents his compliments To MIR.
CLAYTON, and would be happy to know OF a favora-
bic decision on Nj. J. A. Ports claims submitted to
the honorable the Secretary Saturday the 18th.
M. J. A. Port is waiting anxiously for the issue
Of his just claim previous leaving for Puebla, in
Mexico, where he is established.
Note from NJ. Poussin to Mr.. Clayton.
WASHINGTON March %, lS49.
The undersigned presents his compliments to
Mr. Clayton, and respectfully begs to be informed
whether, as it promised, Mr. Ports claim is
under his considerations; this gentleman's presence
Washington, TO the great disadvantage of his
business at Mexico, being entirely depending upon
The undersigned avails himself of this opportu-
nifty TO renew TO MIR. Clayton the expression OF his
high consideration.
Hon j. M CLAYTON.
Letter from Mr.. Clayton, Secretary Of State, to NJ
P0ussin.
DEPARTMENT OF STATE,
March %, lS49. )
SIR have To acknowledge the receipt of your
of the 7th ultmo, upon the subject OF the claim
of Mr.. A. Port, French citizen domciled IN Mex
leo, arising from his having been deprived, by or
ders of the United States general In command at
Puebla of 500 bales of tobacco which he had pur-
chased public sale under the authority OF
Colonel Childs, who previously commanded at the
same place. Your note having been referred to
the Secretary of War for information, have the
honor to communicate copy of his reply, under
date of the LIST instant, and OF the documents by
which ii was accompanied
After a careful consideration of these papers, In
connexion with those which accompanied your
note, have come to the conclusion that MI FORT
had no Just cause to be dissatisfied with the award
of the military court of inquiry which was con-
vened at Puebla for the purpose of examining the
conflicting claims the tobacco in controversy
Under these circumstances, no sufficient reason Il
perceived for disturbing the decision of thai court
avail myself of this occasion 10 offer TO you re-
newed assurances of my very distinguished CON
sideration. JOHN VI. CLAY ION.
TSa1slaiion Of note from the Minister Pieiipofer-
tidry Of France
LEGATION OF FRANCE, !
WASHINGTON, March 3d. lS4S.
To the Hon. J, NJ CLAYTON, Secretary of State.
SIR: | received on the 2sth instant the letter with
which you honored me, in answer 10 mine, request
ing your attention To the demand of MIR. A Fort,
French citizen, residing in Mexico, IN appeal from
a decision, given at Puebla ON the both OF Novem-
Der, lS47, by military court. The claimant does
not attack the whole effect of this declsion hve
hundred bales Of tobacco, which had been sold 10
him by the American authorities, nave been taken
from him by those same authorities. Mr.. Port does
not ask that these orders, long since executed,
should be declared void; but as, in consequence oi
the annulment of the sale thus made 10 him, his IN
terests have been really damaged, he claims lalr
decentralization for his losses
In support Of this claim, shall present the iol-
lowing summary Of the circumstances on which II
is founded.
On the 10th Of October, ls47, Captain Webster
caused notice to the following effect, TO be posted
up in the principal streets and squares Of the city
Of Puebla:
"NOTICE
October TO- ls47--on the 18th instant, at
O'Clock in the afternoon, will be sold at auction, a
the barracks of San Jose, 500 bales of tobacco
Mr. Port appeared az a bidder; and the tobacc'
was assigned to him, the purchaser Offering th
highest price. Mr.. Port bought II at twenty lou
LII I..l. of he
20 NJ. Abadie at thirty three dollars; and on IN
18th 81 November NJ. Abadie sold il to Musquiso
the agent of Messrs. Gsnio & Co. Meanwhile Mr.
Port received from Captain Webster a letter, date
October goth, in the following terms
"srs Be 80 kind as TO suspend for a moment tn
sale Of the tobacco which you purchased from me
you perhaps know that il IL all claimed by NJ. Do
mercq."
Mr. Port was in fact not ignorant that Nj. Do
mercq had said that he the owner OF the Tobacco
ON the day before but he had already sold Tn
merchandise, and considered himself entitled
regard the sale made To him by the American au
thorities good and valid, he answered az follows
the 3lst al October
To Captain wEBsTER-SIR ] have the homo
70 answer your letter of the goth instant; and m
form you that sold the five hundred bales Of @
bacco to NJ Abade on the 9th Of this month,
Il was not until the 29th Of October that VI. Do
mercd addressed his claim to Brgadier Geners
Lane he established his title 10 the ownership {
the tobacco; he proved that the tobacco had bee
Major General Worth and on the 10th Of Noyem
Der a military court decreed that the mercbandis
should be restored 20 him, IN despite Of tie con
tract afterwards made with Mr.. Port. On the Dt
November, officer and eight soldiers OF th
American army, charged with eiiecting the rest
tuition, broke open the doors Of the store-bouse
where MIR. Port had deposited The tobacco, and h
was deprived Of il.
Mr. Port had in the interval resod the merchan
disc Of which be thus stripped, and had clesTe
$500 nett upon the operation; Tor ne bought
$1,000 and sold : 1850 This sum was pai
him at Puebla uIe 9Th Of November, lsll
and he thus 20 BE- forced ~ give IL back, az ia
annuluent Of the sale which had been made 10 hiI
involved the annument of the sale which he hin
self had made; and he thereby lost $500, yhlci
after entering legitimstoly and positively into h
possession, was 70 be taken from him by the act
The American authorities. This l. not all. v
Abadie ON his part, had realized profit Of , ,OC
on the tobacco, as he had sold fOF } II 800 what
h,,igbt At sI65O0 This profit he lost in cOnst