The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20

the Secretary of State of the 26th November and !
Sd December, o. that year, with q communication 1
to his government at the same time OF the insuuc,
tions given by order Of the Prendent of the United
States upon il; that, great part of the stolen ar
Giles having been intro tuced into the city OF New
York, and disclosed to the collector of the GUS
sion of one POLAR, alias Carrara, having been
made, the identity of those 81 stolen with those
now found being evident and susceptible OF proof,
and the individual named having been arrested IN
his attempt TO escape, in spite OF vigorous resist
ance against those who were then present for his
arrest. he therefore consequently then addressed
the government of the United States, in order to
obtain the entire effect Of their PROMISES which he
had so transmitted 10 his government
"He consequently asked of the Secretary OF
State to obtain from the President, as soon as the
identity of the stolen articles should be shown, that
they should be placed at the disposition OF his Ma
jesty the King of the Netherlands, and in order
that the ultimate authorization in that respect
might be made out for that purpose" And fur
in the occurrence of theft which Che alleged)
was to be considered as made on the crown OF the
rity for placing the individual upon whom the arti
cles stolen had been found, and for the conduct of
the judicial edings against the thieves, before
the tribunals OF the place IN which the felony nad
been committed, in order that a plenary effect
| might be given to that justice which The import
ance of the case required"
That, inasmuch as 1t was recognized that In
thefs Of this nature governments ever gave their
mutual assistance for the recovery OF stolen pro.
perry and the conviction Of the culprts, the Chew
alier Huygins venured to iatter himself that the
| government of the United States would readily
grant this friendly act to his majesty the King of
the Netherlands, and and begged the Secretary Of
| State to lend his good offices 10 the subject"
that thus enough had been shown, coupled With
the instructions which had been given to the colec-
tor of tfe customs of the port OF New York by the
! Treasury Department, in December, 1879, to have
protected the embassy of the Netherlands against
obstacles, to be wlfuy, or from motives OF pecu-
mary interest," by officers of the customs, thrown in
| his way, impediments to the march of mere JUS
tice, and in view of so broad and palpabe z felony
committed, as this visbly appeared 10 have been,
| by man whose general appearance, habits, con-
Duct and character under arrest 30 plainly indi-
| Gated the felonious acquisition of property of so
peculiar description, of such immense value, and
of which, il will be seen, the feon would not con-
| sent TO give any rational account; and that hos
tility OF action, too, from officers who had received
instructions from the government OF 1879, as above
referred TO, and then actually had them IN posses
| sion, among the archieves of the custom house;
hostility of action for which there could be but one
| apology, and that which the Chevalier HuygiAs
has stated to have been, some weeks after, assigned
by the collector" pIetence that he had forgot
| ton those Instructions"
Notwithstanding in the face of such instruc-
| tons, as early as the morning Of the Mon
| day following, and on the first day of Au-
| gust, after the deposition of the embassy, its
| evidence of the identity of the property, q
sworn statement of its relation TO those very in
| strucGons from the Treasury Department to the
collector, a capias was issued to the marshal of
| the district, in the name of the United States
| against the culprit, a mere common felon, for
5000 of debt, as penalty for having landed the
| Jewels without entry, endorsed with an order re-
| curing bail from such a man in 100000, and a
depuaton from the marshal to the keeper OF the
criminal prison in which tie feon was confined
| TO execute the writ. On the next day, the second
of August, the marshal of the district himself, as
additional detention of the prisoner, and to pre-
vent his asportaon, made oath, as evidence of his
guilt of the facts attending the seizure, and with
view to show they plainly evnced felonious
acquisition of the proSerty-!o which, on the same
day, and again the 9Th, was superadded the tes-
timony of the consul for the port Of New York of
the Netherlands. On the third Of August, still
further to complete the evidence, the Chevalier
Huygns, a, the desire OF your petitioner, reluctant
ly took his lady, who having attended the MARI age
festivals of the princess, had seen and could attest
with knowledge 10 the jewelry as the property of
the Princess of Orange, who, as is seen annexed
hereto, gave direct evidence as to the identity of
the stolen properties with those seized.
The prisoner, on the second, had been brought
up himself for examination, and, as is seen in the
DISPOSITIONS, after few Indifferent questions, dog
gedy refused TO answer further.
In the face Of such conclusive evidence to the
property, and of the application of the instructions
OF the Treasury Department TO the case, on the Sd
OF August the jewels seized BY the collector were
lbeled in form by Mordecai M. Noah, then the
Your petitioner respectfully begs leave to show,
IN Illustration OF the position under which he sub
mits his claims for the consideration of your homo
|
estaons of the visioly interested and unconirolla
BILE purposes of the collector and a collision with
his principals thus plainly exhibited 10 foreign GO
vernment and which collision, il is seen, occurred
at the very outset OF the professional agency ofyour
petitioner, no safe re lance could be placed, and il
will be seen none was, in fact, by the minister of
the Netherlands in that quarter, for the attainment
OF the mutual purposes OF the two governments; nor
would, nor could he, in fact, willingly rely on any
rendered for his principals through the regularly
constituted agents ct that of the United States in
that collection district, who were, he had reason
70 perceive, too plainly controlled by, or under the
influence of, the collector.
In the views and purposes of the minister Of the
Netherlands, therefore, whenever your petitioner
could not act IN the associated views and purposes
oil both governments, the minister would consent to
act only under the direction of his own legal adj
wiser and counsel
Nearly the whole professional action, therefore,
except in one instance, Of the application under the
direction of the Treasury Department, reluctantly
given and assented 10, as mentioned in the commu-
nieation annexed OF The Cheyalier Huygins, of the
9th OF November, 1881, and in which your petit
toner associated himself in action with the District
| Attorney, ysur petitioner was the leading, and as
TAR as he is aware nearly the sole professional ad.
wiser IN the city of New York ia the pursuit of the
objects, views, and purposes Of the government Of
| the Netherlands
An illustration of the position of your petitioner,
Tor both governments, will he seen on recurring TO
the communication OF the Chevalier Huygins to
| the Department OF State of the 9Th Of Novem-
her, annexed hereto, in which the Chevalier Huy-
gins then retrospectiDg upon the acts of the two
governments, which in the intermediate period had
elapsed, in his view of International etiquette and
requirements, would not consent, except with re-
| pugnance, IN the instance alluded to, to implead
his sovereign, or the princes Of his family in our
courts Of justice, which he alleged, by the etiquette
OF such courts, il was beneath their dignity to do;
that BY ell intern aional usages, such matters could
alone he treated automatically, and not through
the judicial tribunals of foreign country: that the
stolen property was, by the laws of Holland, known
only ss the property of the Crown of the Neither.
lands, and that, in this, was to be considered diff.
ferenty from the case Of the property of an ordinary
individual of his nation.
twill also appear that the government of the
United states, as its charge at the Hague alleg-
ed to The government Of the N eiherlands, had. in
the Consummation Of the purposes in view, asso.
| ciafld ifa lnfinn a fhaf 81 he N.tharlnnIa