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


can any one undertake to aver, believe. or presume
that the intent Is conditional or contingent and not
fixed and certain, MIR. Duekwitz, too the German
Minister Commerce and Marine the object of
EMPLOYING the American officers and seamen to be
actve war service on board of sail and steam vessel
&c In the case cited by his Excellency IL was en-
tirey doubtful whet the of the "Boyar,
was of a commercial or warlike character. Does apy
such doubt exist in the present case! II not the
are not parallel
The undersigned asked his Excellency tn assure h,n
this r.bject Of the intent. All ho desired ths
his Exccousy should enable the r., sdeut t. ui nl.n
tie neutrality Of the United States agrebly 10 thrc
laws The reply il assurance that the steamer has
not been purchased htted with inteat u cruise
or commit hosiit.es against the snoj. citizens
property Of Denmark. or any other pogsr at peace
with the United States aud that this assurances fay
meets and complies with The words of the law o, tn,
10th April. lslSn
The undersigned is compelled TO remark here that
the German Minister'S construction Of his own assn
thus given makes that assurance virtually OF
value and indeed dsclo.es n fixed intent 10 30 thas
which the President regards violation of the law
words Of the statute (and it is not it would not when
accompanied by the interpreato which Baron Roenne
has given have secured the neutrality of the United
States, according to laws His Excellency announ-
in effect that he will not hold his assurance as
binding the German government not to give immsdi-
ate orders for the steamer her arrival Bremerha-
ven, to attack Denmark Tho intent to attack Den
mark is perfectly Transparent The German govern.
ment would certainly order the steamer into mmedi
ate war service and Germany has no war at nresent
except with Denmark
The distinction his rxcs,,sncv b.s soucht 20 o.t.
bsh between Offensive and defensive hostilities AN
pears to be equally without foundation If his con-
structon of the statute be correct then DENMARK NAV
from the operation of orr nentratv In vs. under nm
that the sbps com posing The eet were
intended to attack German ships but merely to defend
themselves against them when encounteripp a GER
man fleet on the ocean the other Acct would have oniy
to wait for the first shot from one of the German YES
sells To bring within the deGnton Of deGsn
sive hostilites If thew should sink the German fleet
his Excellency would Sy his own reasoning he forced
to admit that we had observed perfect neutrality in
the first shot. Such a construction of the statute
would clearly defeat its object Does his Exccllency
indeed think that we might thus ft out fleet for the
Danes under instructions to proceed to Copenhagen
government pendina the war with GERMANY In ali
frankness would not the German minister. in such n
ease deem himself hound to protest AGAINST such an
outrage from a friendly powerY Ne"'' ''
The great anxiety Of the President To maintain the
kindest relations with the German empire has infiu
enced him notwithstandine his former determination
to direct the nnders;aned to nresant Tn tha Gsrma
minister the considerations The President
understanding that his Exceency refuses to give the
assurance proposed by him In the uEdersirned's note
meaning of the law will now proceed TO Obtain that
assurance from the German government in the pre
fore cause the collector of the customs at New York to
be instructed execute the 18th section of the act of
the Goth Of April 1878 Consequently the vessel will
be detained until the true owner shall enter into bond
to the United States with sufficient sureties prior to
clearing out the ship, in double the amount of the
value Of the vessel and cargo board including her
armament that the said ship vessel shall not be
ployed by the German empire to cruise commit hos
ties against the subjects citizens property of any
people with whom the United States are at peace -
And before clearing out the ship shemust be registered
empire.
Having resolved to adopt this course you at per-
feet liberty if you think proper to carry the questions
ysu have raised before the judicial tribunals of the
country by whose decisions the President will cheer
fully abide having faithfully discharged the obligations
devolved upon him by the constitution.
he Avail mi of the Occa
sion to renew to Baron Won Roenne the of
Baron Won RoEEsE. E. E. and Min.
Plen. German Empire.
Baron Roenne to the Secretary of State
GERMAN LEGATION
Translation New York, May 10, 1S49
The undersigned, Envoy Extraordinary and Minis
Of the German empire has the honor to acknowledge
the receipt Of the note OF the honorable Secretary Of
State Of the United States, Of the 9Th instant
ments Of the honorable Mr. Clayton and from entering
into any further discussion of the subject. The Pres
dent having irrevocaby determined to his course
respecting the steamer United States,n any such re-
ply discussion would be frutless Under these cir
present but to submit to decision against which he
has heretofore protested and still be permitted
protest. although he has doubt that the President
srepeated in the honorable Mr. Caytons note of the
9Th instant is actuated in this matter by i'll feeling
towards Germany, but only by IN earnest desire to
tive left to him Of suffering the whole to be brought
at once before the Admiralty Court Of the United
States Of giving the bond required by the President
under the 18th section Of the act Of Goth April 1885,
has decided the latter done by the agents Of the
German government The questions as to The applica
bility well the construction of the act Of Con-
gress in respect to which the undersigned is obliged to
differ from the honorable Secretary of State will thus
should suit on the bond unfortunately ensue, which
remain open for the decision Of the courts
The undersigned avails himself Of this opportunity
to renew to the honorable Secretary of State of the
United States the assurance Of his distinguished con-
sderation ROENNE.
The Hon JOHN M. CLAYTON,
Secretary Of State U. s., Washington.
mr. Clayton 10 Baron Roenne.
ua nkfAstMEN M OF SITE so ITO
Warrington, May ~, lo4yS
SRm nave me nonor 10 acknowedge tne receipt OF
usu VI .e tot. instant, acquanng me IN repy
20 ie..r % Inc ON WIN your
20 give tnepond required by the PRESIDENT under the
setc,on OF tne ACT OF zotn Isls IN reference
-; th S ~ar ste1msr united nowying