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

NOTE FROM n. roussIN TO THE SECRETARY STATE
WASHINGTON, March % lS49.
M Poussip presents his compliments to Mr. Clayton,
and would be happy to know of favorable decision
N j. Ports claims submitted to the honorable the
Secretary on saturday the 18th.
A Port is waiting snxously for the issue OF his
just claim previous to leaving Puebla in Mexico,
where he Is established.
NOTE FROM H. roussIN TO Mr. CLAYTON.
WASHINGTON, March 2s, 1s49.
The undersigned presents his com riiments TO Mr..
Clay ton and respectfully begs to be informed whether
as 1t was promised, NJ Ports claim is under his
sideratiop this geuteman's presence at Washington,
to the great disadvantage of his business at Mexico
being entirely depending upon the issue Of his claim
The undersigned svails himself of this opportunity
to renew to Mr. Clayton the expression Of his high
alteration.
GUILLAUME TELL POUssIN.
LETTER FROM Mr.. CLAYTON, SECRETARY OF STATE TO NJ
roussIN.
DEPARTMENT or STATE March. 2s. 1870
SIR II have to acknow edge the receipt of your note
OF the It'll oitmo upon the subject OF the Mr.
A Pert French citizen domiced in Mexico sris,ng
from his having been deprived by orders of the ntsd
States General in command at Puebls 500 bales of
tobacco, which he had purchased ut public sale uu
der the authority Of Colonel Chiids who previously
command ed at the same place Your having bssn
referred to the Secretary Of War for Information
have the honor to communicate copy of his reply
der date OF the Let instant and of the documents BY
which It was accom- panied.
n, zion with those which accom- panied your nste I
have to the conclusion that Mr. Port had no lust
cause to be dissatisfied with the award Of the Military
Court Of Inquiry which sonvened ut Pueba for the
purpose OF examining the conflicting claims TO the to-
bacco In controversy. Under these Giro umstances no
fucisnt reason Is perceived for disturbing the dso
avail myself Of this occasion to offer to You re-.
newes assurances Of my very distinguishod considers
ton. JOHN NJ CLAYTON
InAknAIIoN A FROM THE MINISTER pr r1,pe.
TERTIARY % FRANCE.
LEGATION OF FRANCE.
WAsHINeToN, March 30. ls49
IT.. n.
Sin received on the 2sth instant the letter With
which you honored me in answer to mine reoues tin0
your attention TO the demand OF MIR A. Port French
citizen. residing 10 Mexico In appeal frem decision
given 81 Puesa on the 10th Of November. 1877 by
military court. The claimant does not nov attack
the whole effect Of this decision: 1--WE balss M
tobacco which had been sold to him by the American
authorities have been taken from him by those same
authorities MIR Port does not ask that these orders
long since executed should be declared void hut ~
In consequence Of the apnulment Of the sale thus
made TO him, his interests have been really damaged
he claims . fair Naturalization fo~ his losses
In support Of this claim, shsll present the
summary Of the circumstances which IL il founded
.aus.a notice to the following effect to )" po,t.s
in the principal streets and squares of the city Of
Puebls -
"OcronrR 1851 ON the 10th instant at O'Clock
In the afternoon srli he sold at auction at tho Bar
racks Of San Jose 900 bales Of tobacco -
MIR Port appeared as . bidder; and the tobacco was
assigned to him a. the purchaser Offering the highest
price Mr. Port bought At twenty four dollars the
VI
birty-ihree dollars: and on the 18th of November M
Absdie sold II 70 Mosquiso the agent OF Messrs Gsmo
Webster letter dated October 9otb In the following
terms
"sn:-Be 90 Kind as to suspepd for . moment the
fae OF the tobacco which you purchased from me- YOU
perhaps know that II is all claimed by VI Domerca
Mr. Port was. In fact. not ignorant that VI Dousrca
bad sid that he was the owner OF the tobacco the
disc and considered bimsrf entitled regard the sale
made 70 him by the American authorities good and
NJ h.. foliA~
To Captain WyB'rsR Sir:-I have the honor To
answer letter Of the Goth instant; and inform
You that sold The Eve hundred bales OF tobacco to NJ.
Absdie. on the 9th of this month";
N not until the Goth ~ October that VI Domereo
sddresed his clsim 10 Brirsdier General Lanes he es
tahhed hts title 70 the ownership Of tho tobacco, he
proved that the tobacco had been sold 10 him on the
oh Of June by the orders Of Major General Worth and
on ire zoth 81 november military court decreed that
~ the ecntrect Afterwards made With Port On tho
seth November en- onicer and oght soldiers Of the
American army charged with letting the reett ntion
broke the doors 81 the store house where NJ Port
bad d,posed the tobacco. and ne was deprived Of IL
Port had IN The interval! resod the ndise OF
wf~h he wss thus stripped and had cleared 800 net
upor the operation for he bought at sl2 600 and sold
st $1,000 This sum paid TO him at Pueblo on the
9th 81 November lssT and he thus be forced to
give ~ back o. the snnumsnt Of tn. sale which had
been made &c him involved IN. annulept Of the sale
Which n. hims. had made and he lost al 400
Which after entering eytimat.Iy and po.ity.y into
his pcffessCn vas To be taken from him nv ths act Of
the American authorities This ispot all VI. Abadie,
On hts part bsd realized profit NJ on the tobac
be rcd sold FIR ti7 SEQ what ne bought az sis SOC
Ths p'oft be lost IN consequence of the Of
The rate end awaiting himself If his remedy against
tie seller he summoned " Port TO restore 70 him the
tum Of eco which added 10 the 81 600 ar-aav lost
Tort raised the entire lo's ~ ths latter to IS $780,
ibis ~ The amount nov claimed by VI Port
here fscis Speak clearly 81 ough Of themselves too
clearly to require cry long observations upon them
What then are the objections made 90 them
Here. sir, am led TO sxsmine the dscun.nts which
teefs panied our answer Of the 2sth inst You there
inform M. very briefly and withou, even indi.st,nv
lish trnr deetsf o.
comparing the ducume ns sent 20 with those which
hsd rr,.nt.d TO you, you have been led 70 the con-
clution that VI Port has right to bs dissatis6sd
With the dection given sgsinst him
What are these documents which. when compared
WIN ,hoss iunni,hed ny " Port are In your opinion
cesuihied To invalidate our clan Allow me sir 10
examine them In order different from that in which
you peesrt them TO me
find In the drst place. letter from Cant Webster
70 the Secretary o. Var dated February rs 1872 and
after atentivsy reading g. 80 frnr finding any new
fscts IT only eorroborate- in ny judxusnt the stat.
ments of III Port IL H. therefore not This letter which
could have dictated your decision.
hpo In the second place two letters dated the Tth
~ March 1873. one from Major General Butler 10 the
Secretary ~ War the other from Mr. Law 10 Colonel
thnds The hrst letter informs the government Of the
United States that Coens Chids bad received orders
TO sdaress directly to wsshinson detailed report u
iho altar ~ Port the scaund letter contains this
oIdtf sent to Colob.l hda by MIR Lay, 10 the name
on MAJOR General Butler. The order 70 have
been entirely forgotten By Colopei Cbilds without
insisting upon this however, merely establish here
hat iie.s Letters de not IN any way affect the srma-
viii sey the same ~ ,oluminous paper conta,n,po
he details OF the proceedings before military court
ss',mhitd at fntbla the Ath Of MAY ls4s Tbs de-
cst Of this court which establishes the ovnarsbip of
NJ Doueroq j. utterly foreign 20 our claim as our
CAIN Y not sgainft the right Of Dnnerc1 10 the
owue'bip q The tobeeco but &c L. suly demand for
lnotn rthcstsn Tor The lossts eu- tanned by NJ Port
~ coequenoe 81 the violent seizure OF That property
iron him. ffN'
como. at Last Mr secretary ~ state TO two doom.
msht The only cnee which could have led Won 20 refuse
to s1nlt we claim presented to you by These
To Me- of War
we On, oai'd February 20 ls4s the .brary 49,
itN thsfe TOO letters agree well enough with each
Q her they both impute fraudulent ursnauvres 20 NJ
,'t, ara see te him Of couson With NJ weugierski
secretary anu interpreter IT Col q hiids
his sctutsOn, sir H. oug OF such achsracer that II
'htuid bot b. made on light grounds ~ col Chds
sh ufhhh the proof Of What he advances fact he
otht 70 do So or rather Ne should done on thu
Gay ~htn be ventnrod 10 sppsar ~ sccutar. The
v ~ ectds Of the deposition made BY Cot Chids on
Ne lfih 81 November. 1917 bciUre the military oourt
AZ fueha deserve TO be here quoted ssrhe witness
j. Of opinion" tays the depu,itieu, "that NJ Port
vas IN collu.ion With hin secretary; that they had
iinhhl unosrttsnding with each other 10 speculate
of tbe tr.t