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

explanation OF the attending his
csived, and will be communicated together with the
rect OF the correspondence between you and this De-
psrtment the subject to the Minister OF the United
States In France With instructions to submit IL to the
confederation oft French government
have the honor to b. very respectfully ysu1 ODE
Mr.. WV. TnLL Povssry, sc.
TIE sKoa,rASr oy STATE TO THE SsrE. or THE vSrrEs
rARIs.
DEPARTMENT OF SrArE,
WASHINGTON, Juno 3, 1910.
Sm-You will receive with this despatch . cspy OF q
correspondence that has recently passed this
department. and M Poussin, the tone Of which, the
minister's part, is regarded offensive to tho Ameri
government and cannot, 1t Is presumed meet the
appreciation of the governmeet of the republic which
From these papers you will learn that. In October Of
last month Commander Carpenter Of the United States
Navy oS% ,R the United State. ..r-,ss.msr
bark Eugenie, Of HsvrA which had struck the
bank OF Riso sesr the anchorage Of Anton Lii
that the case was which justly entitled his officers
and men to salvage the commander caused the
vessel 20 DO moored In safety near the Iris until no
coald communicate with the consiguee, Senior Gomez
at Crus; but after waiting thirty hours and
ceiving no answer from tho consignee he determined
to deliver and did deliver the bark to the charge
OF her captain In the opinion he entertained respect
ing the right to salvage, Commander Carpenter was
supported by Mr. Clifford, Minister in Mexico and
his whole conduct was approved by that Minister
On the 18th ultmo, M, Poussin, under Instructions
from bis government addressed . representation Of
In strong terms Of what he considers arbitrary
and illegal conduct the part Of the commander OF
blamed and asking that speedy satisfaction should DO
given to the just complaints Of the French Republic
The lost Ne time in placing In NJ Poussins
Possession the explanations of Commands Carpenter
which had been obtained frem tho Navy Department;
and, in communicating them, tho hope was expressed
that they would remove all Misrepresentation on tho
patel the French government in regard to tho oon-
dust Of RI" American officer. Commander Carpenter
And hs sre~ had actually saved the French bark and
her Nr hmm
tom and FOR tnis signal service Commander Carpenter
has received rot merited thanks but censure and in
dignant animadversen from the minister Of the nation
to which the vessel belongs.
ButM Poussin himself was not satisfied with the sx-
plantations furnished and without condescending to
fer the matter to his government and await their in
structiOns he declared the explanations to be not of
nature calculated to dspel the Of his govern
ment. Having ase failed to bring upon Commander
Carpenter the reproof Of this for
alleged error committed" Is M. Poussn rashly
serts ION point involving the dignity Of your (ourl
Of the United States with subscribing to the
doctrines" of the commander against which
he therefore to protest in tho name Of his go
The attention Of this government would not perhaps
Of Poussin exceptonsbls as they are had not that
minister, sprevous occasion and that quite recent
~, made use Of highly insulting language, In note
18th last the offensive portions Of which no
afterw indugently suffered TO withdraw In reselv
was guided BY sincere desire to omit nothing which
would tend to promote the friendly and harmonious
relations Of the two governments. But, ct the same
time not feeling disposed to countenance communica
tiops fromEany quarter which question mpugn the
honor and dignity Of the American government the
init to YOU the accompsnyin correspondencs. which
he wishes you to submit to the French government
Ysu will readily perceive that the Language objected
and the temper which NJ Pouss.n has not been able
to conceal, must necessarily tend to obstruct d.
plomstc intercourse and essentially cslcuatsd to
enbarrass. rather than to promote, friendly discus
honor
Of the two Republics.
Ian' SIR respectfully your sGa ssy ', sy.1rox
RreuAnD RvsH, Esq, &c.
rHs ATTORNEY GENERAL TO Nh. CLAYTON.
ATTORNEY GESERALs OrrTcs,)
June 20, ls40 !
the llth instant proceed to give you mere formal
opinion than have heretofore done upon the question
time since submitted to this Office In the Of
the salvage claim, at time made by Captain Car
psnder of the United States steamer Iris In behalf Of
himself officers and crew for saving the French ship
Eugenie, of Vera Crus, whilst the rock Of III Riso
near the anchorage OF Anton LisArdo, In 1s4s.
do not understand that 1t is denied that the SER
vice rendered entitled the parties rendering to sal
wage. except upon tho ground that themselves and
their vessel constiued portion Of the naval marine
OF the United States. Nor could such denial have
mnent peril and its destruction certain but for the
aid Of Captain Carpenter and his men. II had every
p q tn. .aa cRor.ss s1't Of tSs ss
their title to such allowance would have been
perfectly clear The single objection then to the
marine Of the United States lie this valid obiecton'
think not; and propose to examine 1t briefly, nrst,
upon authority and, second, upon principle
Unless there be, upon some ground Of reciprocity,
different rule upon this subject In relation to French
vessels and property rescued from danger, under cir
cumstances eptitling to salvage than exists In rsla
ton TO American and other vessels and property 10
win be found upon authority, to be perfectly plain
question
How Is the Law In England. Does there exist there
any distinction between salvage service rendered by
public and a private vessel or to domestic and TO-
oeign vessel There does not This Ill be plain from
the citation Of few Fs; That the service Is
rendered by public vessel In the OF the Gage,
70 Rob 273) civil and military salvage both de-
creed and in the Lord Nelson, a Edwards T9) civil
sslvage In each the service being rendered by English
men. of.war and the property saved being also Eng
hsh No objection vas minated by the bar bsnch
TO the claim, because OF the Official character Of the
salvors omission utterly Inconsistent with the
istence there OF distinction In such b-tweea
public and private vessels rendering salvage service
Second; ls the rule there different when the
~. and property saved ere foreign and not domestic
In the case Of tho penSamerfs TsEr. Edwards 11S)
the vessel saved Portuguese and the claim actually
by the savors resisted upon that ground
upon the ground Of the public character the ssl
but because the service Of military kind
sntitlipg 10 military salvage In answer to this, Sir
william Scott said Now, suppssiDg IL vers clear that
there really salvsg. of the effect OF this OBJ
lection would only be that should put the parties to
tn. expense of new proceeding the Instance Court
Thers "a ne doubt that Court g iisiraiy Mas general
'sdotion 20 resars services Of this nsf,, and that the
uotfd rtcOrr bv Gcft0r ths instance Court
lie evidently considered the claim perfectly clear
doubling only to the character Of the ssvag. TO be
awarded that is whether II should be military civil
Bot the right to notwithstanding this salvors belong
ed 20 the naval service Of England and the property
saved foreign, esteemed too plain for question
could multiply English eases ~ thought II nsces-
ssry. The objection, Indeed 10 nowhere. that have
been able to discover suggested either In any English
American mentator Nor is II necessary to cite
but American case-Ths United States 90. tbs
Amistad 10 Peters SIS The fscts far this ques-
tiop IL concerned. these; The Amistad srs-IsH
schooner the 27th June 1889, cleared from Havana
In Cuba for Puerto Principe In the same island. hsv
Ing on board Capt Ferrer and Ruiz and Nontes Span
lab subjects and atty four negrtes During the
the killed the captain and took possession
Of The vessel They spared the ivesef Ruiz aud Montss
their TO aid In steering the schooner for Af
or toa place where negro slavery did not exist The
negroes however In this deceived and the vessel
st.sred for the United States where she arrived OF Long
Island on the 10th ofAugust and anchored within halt
. mile Of the shore. In this condition she disco
vered BY hs Uned States BRIG Warrington, Lieutenant
Gedn,y. With the assistance ef his officers and
he took psssss son OF her and OF ths negroes, and
brought thsm into the district Of Copneeticut and
there hbeled vessel cargo, aud negroes for ssrag,