Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-21

On his own behalf and on behalf of other Of
the seamen bid her off for $l 800 ess than the amount
due the seamen for their wages that me- tne consul
"a 600 and further payment of think 81 500 at sub
seouent time | am not entirely certain, out thlnk
inquired what the $4,000 was for ana that the consul
answered. me, to pay of botomry 70 harrison frtz'
az Panama Of So 900 adcdnd by them 10 refund passage
Donyy That is il was bottomry at all In the course
of the conversation Mr. Rice said to me that the owners
~ the Com Stockton had failed That is, Mr. Rice re-
oured the seamen wards in admiralty to pay the debt
Of an nsolyent house 600 before their wages, which
was the prior lien on the ship could be applied for pay
ment for the ship. That not being able or wiling 10
comply with these conditions the consul advertised her
for sale again the day. and the seamen sued out
their libel for wages that at the second day the Judge
in admiralty Juez 10 isaneia) came down, according 70
their CUSTOM with his notary and an interpreter ana Tor
babe the SALE saying in substance that the steamer was
in the custody of his court arrest at the SUIT OF the
seamen for their wages that he Mr. Rice replied that
he knew his duty and that he did not recognise his
the Judges court and at the same time ordered the auc
oneers 10 90 on with the sale that the steamer was
struck off to Mr.. Fritz, gentleman who az that time
stopped in Mr.. Rce's family for S5,9u0! VINO Il
think he sadly was the only bidder and that he had given
Fritz the possession Of the steamer
Subsequently, going into the court on business OF my
own the Judge handed TO me and asked my opinion Of
note which he said he had just received from the Ame
rican consul and which bore the stamp OF the American
consulate simply replied that thought 1t an extra
ordinary interference
The note in substance inquired if the captain Of the
port in stopping the proceedings of Mr. Fritz on board the
Stockton acting by his, the Judges orders the
Judge the time stating TO me that ne had re,
piled to the note of the CONSUL and informed the consul
that the captain of the port acting his the Judges
orders what he had done subsequently one OF the
interpreters handed me propoundng certain aues
tons to me- American lawyer on the rights prlVi-
eges, and duties of American consuls in foreign ports
which answered in writing according TO my understand
ing Of the law.
This is substantially all now recollect of this
I'm in
against Francis W. Rice, directly or indirectly For my
fee received the Of So, q sat as one OF the buenos
hombres and wrote the above General Perdigon Garay
cenciad from the city of Mexico was the proctor of
the Gbellants the seamen. invited to take part
in the suit for ibeans but seeing necessity for my
services or any prospect Of pay, declined.
On my arrival at the city Of Mexico in January last
Gov Letcher our ambassador informed that the day
before nv arrival at Mexico he had communicated with
the Minister of Foreign Relations the subject of the
Com Stockton and that he thought the result would be
that they would leave the whole matter to the local courts
He the ambassador, also asked me II Thought the sea-
men had anybody at Acapulco that would look after
their INTEREST," To which replied that thought they had
These the principal reasons that influenced me IN
not bringing the Of Mr. Francis W. Rice to the notice
of our Government when was in Washington in March
last.
l read the other day in the New York Daily Times,
newspaper edited in part by Mr. Simmonton former
Mr. Rice in substance that Mr. Snyder having
obtained order TO sell the steamer MI klce posted
notices cauonng all persons against buying at the sale,
and in consequence Mr. Snyder could get no bids at his
sale whereupon Mr. S. applied for and obtained an order
Of take down the notices. and IN taking down one
ofthee notices he was resisted the consul with pistol
and his life threatened if he took down the notice; and
thereupon Mr. s. applied for and obtained an order OF
for Mr. Rice and subsequent article in the same
paper SAYS that Mr. Rice has actually been committed to
prison said order with his flag in hand and epaulet on
his shoulder. All Of which statements take TO be SUBJ
stantiay true, and the then assumes the following
shape in the eyes of the law
In ha of ba StncE
consul Legally correct up to the conclusion Of the
first sale, and here his errors begin
lst The consul had right to require payment of
money to him by the seamen if their wages amounted TO
more than their bid andi would have been misdemea
for the consul take Of Them they being wards in
admiralty.
81. The second sale, the sale to Fritz, too
short notice, the law requiring notice Of ten days be-
fore sale And it is on so short notice raise
presumption Of collnsien-he Me1ioan requires thraa
several sales OF ten days.
81. The second sale was contempt Of coart-a con-
tempt on the part Of the consul auctoneer and purcha
scr, selling vessel under arrest all having due notice
ith The taking possession of vessel under arrest was
q contempt and trespass.
5th No title contingent interest in the vessel passed
Fritz by this sale Of the consul and if he
paid any money, he cannot recover it back, as he
paid il out in his wrong.
9th. According to Said, page Il think it s) ESQ, the
jurisdiction Of foreign consul either
party appeals the Mexican courts for redress and il
makes difference that vessel is the subject of contro
versy. The same in substance is our law.
It'll When Snyder found that the notice posted up by
Mr.. Rice rendering his claim for wages yaueess it
proper for him apply for order Of court TO
the offensive notices, and in removing them he
prohacUice officer of court.
9Th Mr. Rice in resisting the execution Of lawful
der Of court with deadly weapon and in threatening the
life Of public officer if he executed it, according to our
law committed felony and for which court like the
Of first instance having jurisdiction Of the person of
consul must either commit the offender, or the judge
himself would be liable arrest and punishment in the
court Of the second instance for permitting toe due course
Of law TO be impeded
9th Nr. Rice may also have been committed for the
additional offence Of carrying deadly weapons, or for
threatening the life Of peaceabe resident, for tort
at the private suit Of Snyder
The above rough draught is sufficient to give you an
idea Of the case Of the Com. Stockton.
As for the other operations Of Mr. Rice that TO
my knowledge they do not to be involved in his i'm
prsonment. Yours,
ROBERT A. WILSON.
Personally appeared before me- this 10Th day Of July,
1852, the above-named r. A. Wilson, and being by me
duly sworn says that the foregoing statements far
they alleged to be of his knowledge true 10
the best Of his recollection and far as they alleged
to be information derived from persons therein named
they in substance and h Of fact and that the
whole OF the foregoing statements true the best OF his
knowledge, information, and belief
GEORGE W. MORTON.
United States Commissioner
CTR NsfEpS ON THE npT AWApr