The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-12

send their charge full and explicit directions, or TO |
send on here some suitable person to nee otiate a
treaty. The Nicaragua government took the hint, |
and appointed Senior Marcsle as charge des |
aaires 10 this country who il ls presumed has full
powers, and the necessary ability to complete the
business.
Thus matters stosd when Mr.. Webster becam.
secretary of State aud it is reasonable TO sup.
pose, that as he was daily expecting the arrival OF
the new Nicaraguan minister, charged expressly
TO negotiate full and satisfactory treaty, that he
considered it better to await his coming, and have
a complete understanding OF the case before up
pointing charge from this country, whose prnei'
pal business will be to take care that the provisions
Of the treaty, when made, are carried out properly.
WASHINGTON, Feb 7, 1851
The Quarre! tettoen Mr. Ctayton and Mr.. Pous-
stu Monsieur Port and Monsieur Domercq's
Tobacco Boaes--A Biz Of Relief Reported in the
Senate.
The quarrel between Mr.. Clayton, late Secretary
of State, and Mr.. Poussin, late French Minister at
Washington, on the subject OF quantity of to-
bacco seized of certain Frenchmen in Puebla,
Mexico, by the American army, and APPROPRIATED,
is matter of history II cannot fail TO recall the
ridicule and laughter with which this teapot ex.
plosion was received all over the country. The
French tobacco merchant most interested, failing
to get any thing of Mr. Clayton, has peilioaed the
S enate for relief, and the Committee on Claims
has reported bill of $4,000
The following is the report of the committee,
upon which the bill is made OUT
The Committee of Claims to whom was referred the
memorial of Den b. Juan Dom-reQ report -
That General Worth, commanding the advance Of
the army under General scott entered Pueblo, in
bsoco stored in that city belonging to the Mexican
government caused it to be teized and sold for the
two thousand and eighty.ose bales was accordingly
sold at public auction by Major Allen, of the quar-
tsimasters department: to Mr. l.. . Hsrgous at ten
dollars bale amounting to twenty thousand eight
hundred and ten dollars Mr.. Hareous paid Major
Allen $500 in cash and the balance in supplies tor
the army, for which Ma Allen has duly accounted
On the sixth of June following, Mr. Hsrgous sold the
osl bales OF tobacco to Don 3. Juan Domercq the
claimant. for twenty dollars n bale, amounting to
forty one thousand six hundred and twenty dollars
1t appears that thirteen hundred anu twenty Ave
bales thi. tobacco the times of the sales
soe,aid deposited in the quartet (yubio barrack Of
San Jose, occupied by the American troops and the
remainder in other places in the city.
1t appears, ALTO, that two hundred and nineteen
bales OF the tobacco deposited in other places than
the qusrtel were, some lime in August following de-
posted by the claimant in the house No. SECOND
street Of San Joe the quarters of Colonel Chds
The thirteen hundred and twenty Ave bales and the
two hundred and nineteen bales locked up and
the claimant had the keys.
The claimant all.ges-and there is no evidence in
the case contradictng his allesatonthst the whole
quantity Of tobacco deposited in each OF said places
remained there till seized by order of Colonel Childs,
the time Of the siege Of pueblo by the gusri.s in
September following At the time Of that siege Colonel
Chds being informed that ths tobacco deposited at
No Second street San Jose, was Mexican property,
ordered it, we'll that deposited in the quartet
which he supposed to belong 70 the United States to
be taken and used in constructing parspsts on the
house, in bsrrcading the stests and in fortifying
the quartet Colonel Cbilds makes the following
statement on this point
HEADQUARTERS, DEPARTMENT OF PuEsLAl
PuEsLA December 81. lS47. I
certify that during the siegs OF Puebls quantity
tobacco the number OF bales not known, taken
trsm house the second square frem San Jose sup
posed the time TO belle ng MexcAns and lawful
capture that these bales OF tobacco used bar
rcades and breastworks in the streets and on tho
houses; that great NUN Der bates taken from
San Jo,e supposed to belong to the United states
and placed the roof Ct that building, and others
taken to complete barricsdes go. so that most IL
not ALL Of this tobacco exposed for three weeks
during the rainy season and must have been, to
particular narrative Of the tobacco ousaess refer to
my testimony before the commission
THOMAS CHfLDs, Colonel U. 8. Army.
Mr.. William Spencer. the agent aud interpreter Of
Captain Webster, tsstdes that, after the siege CON-
mepced, he was ordered by Colonel Childs to break
open the doors Of the quartet and house No Second
street of San jose and to the tobacco In them in
constructing breatworks &c TOR the defence Of the
American troops All the bales in both houses
turned out and used during siege in terrifying the
housetops and in bsrricading the streets This
during the rainy and bales destroyed
and spoiled by exposure to the sun and rain. when
the sege the tobacco again deposited In
the quartet That be put locks on the doors OF the
quartet at three different times and the doors we're -
often broken open and tobacco taken out rha. Ams.
rican soldiers frequsn tly confined in the guard
house under charge for stealing It Mr. Spencer fur
hundred bales stolen out Of the quartet after 1t
posted there the second time aud that there at
least twenty bales spoiled BY the weatn@r and given to
Soon after the sisge. Colonel Childs directed Quarter
master Webster advertise and sell the tobacco that
remained ans hve hundred bales were accordingly
scld At S22 bale, which again sold by the pur-
chaser for S24 bale Colonel Childs being ihfor asd
by schadler and the spanish Vicec Mr.
Domeroqs claim to the tobacco he ordered the ,ae to
be stopped, and that all that remained hand be de-
iiv,red to the claimant Under this order three hun
drsdE nd q hre hale de n la
claimant. Soon afterwards, the i've hundred oalss
which had been sold above stated we're recovered
back and delivered to him mAkipg Ia all eight hun
drd and twenty three bales OF the one thousand ave
hundred and iorty.four bsles originally deposited In
the quartz and house No and leaving deficiency Of
seven hundred and twenty -one bales.
The committee are Of opinion that the petitioner Is
cssding seven hundred ana twenty one bales, as WAS
destroyed or lest In consequence Of its having been
taken and used for purposes Of defence by ColoIsl
Childs
Considerable evidence has been laid before the CON-
mittse a. to the piice OF tobacco ct that time In pu
.bls Quite number Of witnsrses testify that tobacco
selling about that time from six to dollars
the arroba The srrobs - one eighth OF bale, or
tw,ty Eve pounds But no testimony has been Laid
before them ,ho~ tn. price at ~holssae or In large
quantities. except the sales above referred to-of
Quartsrmsstsr Alien 10 1Isrgou, at siO OF Hsryous
TO the claimant. Domsrcq at $40 Of Qusrt-rms.ter
Webster Of the Eve hundred bales a. S22 and OF this
last purchassr Of the same eve hundred bales at ga
the bale. Nov aside from the Tact thai the latter
the wholesale suction prices aud the former the job
b.rs and retailers prices 1t must bs evident that in
the unsettled ana dubious OF
In Pueblo, the price OF small quantities Of article
like tobacco, Tor I'm mediate use, might and probably
would he even double that Of large quantities OF the
ssms article stored In be.iezed city and liable 10 be
seized and destroyed ~ any moment and more esps
ey In this when the article Is stored In and
about the very point OF attack A s2i bale IL the
highest price which appears from the evidence 70 have
teen paid for any large quantity Of tobacco a. or
about that time the committee think that the price to
be allowed per bale should not exceed that sum Ia
accordance With these viers. tie committee report
the accompanying bill.
WAsurycroN, Feb 4, 1851.
JVho UtH be the W, ~ President
In my last, / spoke Of President Fillmore. In
this letter 1 shall speak Of Mr. Webster. Yester-