The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-23

vsue1 does not seem 10 as to have been
cise Of sound discretion under the very and
embarrassing circumstances of the csss And this
decree as to that was accordingly affirmed. This
must be held to be conclusive upon the proposition
The point was distinctly made. and distinctly de-
cided IL Is not therefore, with an open ques-
ton nor indeed upon tho pretensions upon which |
understand 1t to be resisted in the case OF CAPTAIN
Carpendsr hs public character Of the sslvorsJ was
It. IN England or the United States, doubted.
In the case OF the Amistad that character existed
also the foreign ownership the saved and
was relation to service 40 rendered to property
owned that the Court said it u gensr
principles Of md'rams ss IS aIWays dsem<ds just Jea~-
datior Jer sairage"
OF story in his edition Of Abbot Shipping page $40
NO l. the General principles ~ to the allowance of
salvage are the same in American in English jurs-
The only point, therefore, that could possibly arts.
In the present u.s. whether have different rule
I'm regard to the salvage Of French property ind
none stated or intimated any where The rule hold,
service rendered by the naval marine Of the United
States is to be compensated in like that
And this brings to inquire secondly, How should
the rule be upon principls'
That the public policy Of all nations should
age service OF this description Is manifest Safety OF
life and property demand It, and the experience Of the
commercial world recommended to universal adoption.
to public favor irrespective the character Of
the means by which 1t is accomplished The former
addresses itself with persuasive nusnce to ell That
secured. and all fair and lawful to effect II
consequently to be encouraged Why then, 1t that
tho officers OF public armed vessels not to have
the same incentive to exertions necessary to the
end with Others? Arc they under any other sps-
cal obligation to do such deeds of Kindness and hu.
manity! The officer and the citizen alike impeled
to such service by general considerations Of social
incentive OF mere duty that of peounsy reward The
service Is often attended with great peril and the
perence OF the world has proved that 1t should be
In tho language Sir william Scott In the case OF the
Louisa Dedson, slS and. though It is certainly the
Msjesty's subjects whom they may meet with 10 dis
tress yet do not know that II IL incumbent upon
ont any prospect of take charge ship In
sinking state. Any hesitation In afordng assist.
ance might be Of dangerous consequence to the pro-
psrty Of persons so circumstsnced and Is therefore
proper, for the encouragement Of prompt and signal
exertions on the part of the Kings officers and to
hold out to them the prospect Of reward"
The whole doctrine rests, in truth, upon enlarged
policy and from Its very nature be irrespective
the words Of Chief Justice Marshall in the case Of
Mason 1t al Ship Biaireou, Cransh $40 French
vessel by rescued from danger by the claimants
Of salvage" the allowance Of very ample compen
saton for these services Zone very much the
risk encountered and labor employed in asssting
them) is intended % inducenent t. render them,
which 1t Ia for the public interests and tor the general
interests Of humanity to hold forth to those who navi
II such considerations be well founded who can
doubt tilt might prove psrilous experiment for
the other nations Of the world that salvage shall DO
allowed those who might French life and pro-
perry upon the ocean from impending destruction.
There Ia, however, no such rule now existing and
therefore very clear in the opinion that the
before me one for salvage
have the honor to be- &C.
REvERDY JOHNSON.
Hon. JOHN N. CLAYTON, Secretary OF State.
urIrEs STATES IN FRANCE TO the
SECRETARY
LOCATION THE UsIrIp STATES
PARIS August Is. 1S49.
Sir ACKNOWLEDGED In my number 81 your number
SO Of the 9th Of June, covering copy Of the
(au ia hale fAt bat. thA
Department and MIR Poussn. French Minister ct Wash
nston' growing out Of the claim to salvage BY Com
Iris for reseung the French bark Eugenis when she
had struck the bank Of Riso and Of another ease
on behalf Of French merchant. for an alleged grisr
snee suffered when our army was in Mcxico the tone
Of which correspondence on the part Of the French
Minister was deemed offensive to our Government
My number W next informed you that had submit
ted the correspondence to the French Government,
with explanatory note, dated the 18th Of last month
q copy Of which transmitted.
have now the honor to enclose copy Of the an
from the Minister Of Foreign Affairs Ii bears
date the 9th instant and was received yesterday.
As your Instructions Of the 9Th Of June simply
charged to submit the to the French
Government, DO not feel that have any warrant to
discuss the answer Of the Minister Of Foreign Affairs
My duty, - IL seems TO will be fulfilled by has
tening to enclose to you for the Presidents consider
alton.
This despatch will 90 by the British mail steamer
it will follow by tho American mail steamer washing
ton. from Southampton, on Monday.
h.,. the honor to remain, with great respect your
The Hon. JOns NJ. CLAsror, Secretary Of State.
Mr.. roceUEvLLE TO Mr.. Kusm.
TRANSLATION.
P.sIs, August Q, Isss.
Sin: have received with the letter which you aid
the honor to write the 7th Of month the
copy Of the correspondence which has taken place
Between ,ne Secretary OF state Tor Foreign Affairs Of
Warrington upon the subject Of two claims which the
latter had been charged to present TO the Federal
the French ship rEugsnis. by Commodore Carpenter,
of Vera Cruz and the other purpose of asking
for en- Naturalization In favor OF NJ Port. . French
merchant for the abrogation Of the sale Of certain
quantity Of tobacco struck of him BY the
Of the American forces at PueblA
These two affairs. having hitherto been discussed ct
Washington, where they are to be concluded IL not
my province to examine their merits Besides I Am
too certain OF the integrity Of the Of the
Union TO doubt that II will ultimately acknowledge
every claim founded In right and. its parts Il can
not think that the French government allows itself
be drawn by the desire Of protecting its subjects to
support reteDsoDs the ustise Of which has not bsen
demonstrated to II.
nature to avert and prevent In the discussions Of pr
vste interests, those suscsptibties and misunder-
have with much ACCOMPLISHMENT as regret, the
turn which the communications exchanged between
cur Envoy and MIR. clayton have taken Even before
had received the letter witch you have written
20 call my attention TO them Poussin had transmit
pressed TO nnd in that correspondence tone OF aosr
bity and hsrshness very little conformable TO the
friendly relations between the two countries; but
ought TO say without entering into useless recrimna-
ons without seeking for the side whence this In
juree proceeded 10 had appeared to that this OBJ
tervation not alone applicable to the letters writ
ten by the Minister OF France.
NJ. Poussin doubtless misoopetrung some express
sions In those which have been addressed him By
Secretary OF State believed he saw In them vaut Of
respect for which be may have manifested hts resent
ment Nth too much sprit; but passage Of mis- let
ter Of the - ~ April may have hurt MIR Clayton, n
to that there longer any ground 10 take
advantage Of IL against him after he has consented
20 withdraw and he has given pretty signal proof
Of his copciatory spirit In abstAining from anmad
versiop upon expression In the addressed TO
him BY that minister oa the 2lss of April which,
timated With certain degree % susceptibility might
have ieemed TO be rather imperious summons than
diplomatic invitation.
Furthermore cir IL is not necessary for me " tell
you that entirely concur In the opinion which you
express upsn not devstng In pegotistions from the
obsefvsnces and forps Of = benevolent courtesy
] invite NJ Poussin never TO forget this rule In his
Intercourse With the government Of The United States
snr. that he sted tha