The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-10-04
Political.
The French Difficulty.

The OFFICIAL CoRREsPoSDEScE.-After care
fu examination of this correspondence we discover
no ground for censuring our EXECUTIVE, or any OF
o,,r officers civil or military. But we discover on
H. Erencb side not only gratuitous insolence in
the French minister at Washington and the French
executiye in Paris bat fraud IN the French tobacco
dealers and meanness IN me french captain. In
H. tohacco case an American officer had ordered
son,s tobacco 10 be sold as public property, not
Lnovying that il belonged TO a Frenchman named
Domercq; the latter, knowing that IT was adver-
tised for sale concealng his ownership. Another
Frenchman, named Port, knowing that the tobacco
belonged TO Domercq, and that the American officer
was nal king innocent mistake, bought the tobacco
for Sl2 000 and then sold II 10 Domercq, the real
owner for = 500. The American officer, dis
covering his error restored the tobacco to Domercq
the owner, and refunded his purchase money,
Sl2 900, 10 Port. The latter claimed damages Tor
loss of his profit, 500, and court OF inquiry de-
cided against him. He now claims his prom ana
interest of our Government The explanation OF
this is very easy. Port and Domercq may hare con-
federated for a chance To cheat our Government. II
the American officer should not discover the error
in ownership, Domercq would have his tobacco
bought in by his secret agent, Port If he should
discover the and rescind the sale, then Port
would present claim for damages, through loss of
profit the resale, which, if recovered and paid,
might be divided between himself and Domercq. A
very pretty project which they might accomplish
in Mexico, never anticipating its transfer to Wash
ington!
fraud claim damages of our government Accord
ing TO Mexican law, he could not have recovered
even his purchase money. According TO common
law principles, he would have been entitled TO his
purchase money alone, had no fraud been proved.
and to nothing had fraud appeared. II an auc-
oneer sell property of A. believing his title good,
and b buy it, and is afterward ousted by c, the
real owner, all the parties being innocent, what Is
BIS measure of damages? Merely the purchase
money which he must seek of the auctioneer, if il
be still in his hands, of the auctioneers princi-
pal, A. But if b, knowing that the property Is Cs,
and not AS collude with c, resell the property to
c. and on the establishment Of C's ownership de-
mand of A both his purchase money and the profits
of the resale, the law will not interfere civilly,
though it may crminally. can recover nothing
of A. but may be indicted with c, for conspiracy to
defraud A. This French looks very much
like conspiracy of Port and Domercq TO detraud
the United States.
In the second case, the French captain OF the
vessel saved from shipwreck has exhibited the most
contemptible meanness, while Captain Carpenter
did nothing forbidden by international law, or the
law of his country Salvage may be claimed by
public as well by private vessels, and the Secre
tary of the Navy, learned lawyer, cites sufnclent
authorities in both En- glish and American DECISIONS
and an American captain reports case in which he
paid salvage to a British man of-war, for saving
his vessel in the West Indies. Secretary johnson
cites the celebrated Amistad negro case. As Cap
tain Carpenter demanded salvage only for the be-
neft of his crew. who had saved the French vessel
by great exertons the refusal was excessively con-
temptibe. One of the newspapers, with both humor
and Justice, says that, after this REFUSAL Captain
carpenter would have been justified in replacing
the French vessel he found it, and politely bid
ding the captain good evening.
journal true to instinct, attempts TO drag la
dies into this case, and in doing, inpeaches the
good sense and good breeding of the Secretary o.
State. As no man of honor would justify this at
tempt we trust that 1t will receive no countenance
from any respectable journal In the social circles
Of washin gton the ladies very properly assert alb
solute dominion their affairs, and no gen
tleman interferes with them. Then the Secretary
of State is quite too wary and experienced TO toe-
rate pettcoats in politics. He was in the Senate
some years ago, when two three South Caro-
linians made some mischief by assailing lady. Sc
his eye-teeth cut In the present case, all un-
manly insinuations about ladies are dishonorable
blows aimed at politicians Philadelphia Ledger.