The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-19
Mr.. CLAYTON TO Baron Rosnne.
DEPARTMENT OF STATE.

NJ CLAYTON TO Baron Roenne.
DEPARTMENT OF STATE
WASHINGTON, May 8, 1S49.
The undersigned Secretary of State, has the honor
to acknowledge the receipt of Baron Won Roenne's
The great anxiety that is felt to satisfy the German
government Of the friendly disposition Of the United
States and sincere desire to obvate the possibility Of
any Misunderstanding to the motives and objects of
the American government in the decision 1t has made
in the of the steamer the United States could
alone induce the President to direct the undersigned
to reply to the suggestions advanced in the note
of the representative Of the German empire. .s
Baron Won Roenne remarks that lit seems in the first
place. obvious that nothing of what has occurred in
this matter be considered coming under the act
OF goth April 1S18 nasmuch as there has been
any secrecy about it, and inasmuch acts committed
openly and under the very eyes, 1t were nay, with
the concurrence Of the government Of the United
The Of the purchase Of the vessel BY the er
man government was just as obvious when thesubject
Of the purchase first preached as it is now. And
the illegaity Of that purpose If indeed 1t be Illegal
was just manifest then as 1t Is now and notwith
standing this, the United States government not only
encouraged the consummation OF the purchase, but
also gave it its direct ction by authorizing the
commandant Of the navy yard OF New York to afford
al the necessary facilities for the fitting out the vessel
war steamer. Consequently, however expedent
this government deem its present proceedings the
act of Goth April 1s1s act for the punishment Of
crimes cannot be invoked as the basis OF such pro-
ceedings."
Secrecy indeed is often the badge of crime but has
never been held to be ndispensaby necessary to its
existence Baron Won Roenne Is too well acquainted
with the relative powers and duties Of the different
branches Of the American government to confound that
government with its executive branch He does not
pretend that either Congress the judicial department
of that government has sanctioned the fitting out
Of the steamer United States for the purposes for which
she Is designed. When, therefore, Baron " r. speaks
of the Of the government of the United
States in fitting her out, he evidently means the
which, whilst under the administration Of Mr. Mason
(who probably had coed reasons at the time for think
wsr
would be terminated with the armstice) gave, as is
stated, its direct sanction by authorizing the com.
the necessary facilities for fitting out this vessel
war steamer. Then the position Baron Won Roenne
has taken is this that any act committed openly and
with the of the Executive branch Of this
government or of one Of its departments, " can
tainly never be qualified as criminals doctrine
which his excellency the German Minister will agree
with the undersigned in believing could prevail
in any country protesting to be free If the Barons
position be sound, then the who murders at
day openly in the streets with the of the
Executive, never be held to be criminal The
power. In former note tho undersigned stated the
ground of the present Interference of the Executive
his oath to preserve the constitution, which enoins
upon him the duty Of seeing that the laws faithful
ly executed The President has power to sanction
any act that violates established law Of the land,
and the intelligent and able Minister of Germany is
by the people upon their public servants in the United
States to claim despetc authority for the American
could either openly secretly sanction violation Of
any law Of the land Our treaty with Denmark is
1873 is another 1t is respectfully submitted that the
position is untenable.
Barren Won Roenne has referred the undersigned to
the decision of the Supreme Court in the Of the
United States VS.. Quincy Peters, AS, 466, to show
that the Attorney General in his construction
Of the act of Goth April, 1878 In the cited the
indictment charged the defendant with being know
ingly concerned in the fitting out, in the port Of
Baltimore, vessel called the Bolivar" with in
tent to employ her in the service of Buenos Ayres
against Brazil. The vessel went from Baltimore to St.
Thomas and was there fully armed She afterwards
cruised under the flag Of Buenos Ayres. The court
held that it was not necessary to find the defendant
guilty of the offence charged in the Indictment that the
vessel, when she left Baltimore for St. Thomas, and
during the voyage from Baltimore to st. Thomas,
not armed or in condition to commence hostilities.
They held that the intention of the defendant in fitting
out the vessel with respect to the employment the
vessel should be formed before she left the United
States and that this must be a fixed intention. The
question WAS in this case whether the adventure
of commercial warlike character, and it
ruled that If the defendant before leaving the United
States bad not fixed intent that its character should
be warlike he would not BIO guilty OF the offence
charged in the indictment
Now, what is the inference his Excellsncy has been
pleased to deduce from this authority, and what
the facts of the actually before US! The following
statement gathered from the papers before the under
signed will render the subject clear
1st In letter of the 18th Of February 1S49 to the
Secretary of the Navy, his Exccllency says: The
government Of the German Empire has sent agent
to New York to purchase large war steamer for its
service and / am instructed to request that the
government of the United States would designate
officer of the United States navy of the rank Of lieu
possible delay to New York; there to assist the agent
In the selection Of the vessel to be purchased and
any should be purchased to take tho command of her
to superintend the armDg and equipment Of her, to
engage crew and the necessary number Of competent
officers and when ready to take her to Bremerbaven,
And there receive the further orders Of the Germany
government
Cd In another letter. of the 10th Of February to the
same his Exceency informs the latter that we lmean-
ipg the German government have bought the United
Statesn Com NJ. C. Perry, the agent selected to su-
perintend the armng and equipment OF the vessel Is
the time apprzed that 1t was Of the highest
Importance that the United States purchas
ed by Baron Roenn for the German navy to be armed
and equipped in New York. should be put to with
the greatest possible despatch that the ship ought to
have from two hundred to two hundred and fifty sal
Tors, exclusive Of officers who might be recruited at
some Of the principal ports and from there sent in small
veess to join the chip at after she shall have left
the port for Germany under regular clearance with
the American flag rs merchant vessel her armament
in her hold rs CARGO
3D.. Mr. Duckwitz, Minister Of Commerce and Marine
Of the German empire in his letter of the Janu
ary 1919, In reply to the questions of Commodore
Parker Informs him that the German government has
given orders for the purchase of steam fgate in the
United States, and has sent MIR. William We'd
ding commission for the purpose, who will req uest
under the auspices Of the minister resident Of the
central power of Germany at Washington Baron
Roenne the Secretary of the Navy, the Hon Mr. Ma
SON. to lend him the assistance of able officer, who
will with him together have of the and
manning Of the steam frgae II purchased and in the
same letter Mr. Duckwitz, after mentioning the
Der OF American officers who to be engaged in the
German service adds that the service to be required