The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-04


ted the same offence on shore and in thus protesting
| should also have made point that this ship was
employed in the public service Of the United States,
and commanded BY an officer holding commission
from the President Of the United States, and thus
entitled as to questions of discipline, OF offences
committed on board by and against either the officers
or the crew, to the same considerations and ex-
emptiols as are extended by comfy of nations to
national vessels everywhere
In order to illustrate the position have advanced
as to the question OF jurisdiction, let suppose that
the first officer of this ship had committed the Of
fence with which he has been charged with so much
dramatic coloring, and had been punished for it by
the laws Of England and that both he and the COM
painant had gone to New York in the same ship,
or afterwards met in the United States the compliant
ant could again have proceeded against him for the
same offence, as having been committed on board Of
an American ship, and consequently within the
OF the courts of the United States and it
is very questionable If the accused could successfully
plead his former trial in England SO that the conse
quences would be that be would be tried and punish
ed twice for the same offence, which is alike opposed
to the spirit Of the British as it is to that Of the
American constitution.
Be that as may be- there can be no doubt that this
is question OF immense importance to the two nations
who are and ever likely to continue to be, the ocean
mail carriers Of the world; and il is to be hoped that
its solution will be prompt and in accordance with
the views have here thrown out For if it be set
tied that upon the very moment of the departure ola
mail steamer, the captain or chief officer can be ar
! rested and taken out Of the ship, upon a charge
made by some one OF the for alleged maltreat-
ment the mail service Of both countries would be at
the mercy Of the most reckless and prohgate class of
men or OF some malicious and revengeul yagabond.
| In the manner have here setforh, and by means
of my protest, this important question would have
| come before the two governments as a pure matter
ofiteresting discussion, and untrammelled with any
veXatious considerations unpleasant reflections;
hut now, before it can claim their calm and earnest
attention. it becomes necessary to divest it Of that in
| dyidualty with which it has become embarrassed,
through the impressions created in the mind of Lord
Etr IN htra
statement furnished by you. And it is in order that
your honorable body may take such measures to re-
move these impressions, (Which fatter myself you
will concur with in calling erroneous) as may be
justified by the circumstances of the case, and by
your experience of my past connection with your
selves and with the inhabitants of this town, that
have been induced to trouble you at such length. /
have the honor TO be- &c.
JOS RODNEY CRosKEy.
UNITED STATES CONSULATE,
SOUTHAMPTON, Dec 10, 1852.
To Hrs ExcELLENcY JOSEPH r. MGERsoLL AMERI-
CAN MINISTER, LONDON.
SIE--Here Sith ! have the honor to transmit
copy of the reply have received to my letter of the
4h instant addressed to the Mayor and the Justices
Of this Borough, of which letter l furnished your
Excellency with copy in my despatch to you of
even date herewith
You viii see by this reply that, contrary to my ex-
pectations and hopes, the magistrates have steered
between the two alternatives which placed before
them and have declined acting either way the
other in the matter. They refer me back to the
Secretary Of State, and | am now obliged, much
against my inclination, to enter into full and par
ticular statement Of the it is viewed by me
and in accordance with my knowledge of the facts.
Feeling as do feel, that my conduct in this mat
ter, when properly represented, will meet not only
with the appreciation of your Excellency and of the
government and people of the United States, but
also with that OF her Majestys Secretary Of State,
ard knowing as do know that the conduct Of the
magistrates, amongst whom have the happiness to
,do hnuva
casion, competed with that Difference which is alike
due by them towards me in my public capacity as it
is by me towards them, and that they have set at /
nousht the injunction conveyed in her Maestys |
eXequator to receive, countehance and avorably to
assist me in the exercise Of my post, giving and |
allowing me all privileges, immunities and advan-
tages hereuno belonging button the contrary either
Intentionally or without design that they have at
tempted to impede the commerce and the traffic Of
the citizens Of tie United States at this port on the
occasion in question, felt 10th to enter into de-
tail OF all the circumstances, not wishing to make
complaints against them, which should be obliged |
to GO in selEdefnce, and it for this that
! concluded to write them did on the 4th inst,
hoping that their reply would be such as to prevent
tie necessity of my entering into said detail While
desirous Of exculi atDg myself from the appearance
oil improper conduct, was equally DESTROYS not to |
inculIate item. Much to my regret, their reply has
rot doIe anything towards changing the nature of |
my position, and am therefore forced to make my
statement, regardless Of any consequences which
may attach to investigation of their proceedings.
Ills my statement accompanies this letter. / |
must 81 oogize for its veume, but the imperative |
calls upon my time have been such as to deprive me |
of Il leisure necessary for condensation. TRUST the
several points have therein set forth may be sug
esstiye OF the importance Ola speedy settlement
Of the question, of Jurisdiction involved in
this case, and likely, upon the arrival of any
American vessel, to be again .mooted, and perhaps
in some instance or other become coupled with the
ancient demand If England Of the right of search |
and disayowal Of the doctrine Of the American
fipn fIof Ir Ror fhn Apofi
ICES all those who are III der it.
And if by what have set forth In my statement |
it should appear to your Excelency. it does to me-
that instead of being the party in the wrong have
been the party wroDged, it will be my right to ex
pect and my duty as public officer to demand re-
dress.
AS regards the conduct Of Capt Higgins, have
heard but one opinion upon it, and that is that he
was placed in a position in which no one had any |
right to place him, and that, under the circumstan-
ces any commander of so large vessel, laden with
SO valuable cargo and carrying the mails OF his
government. would have felt conn elled to look upon
any attempt to stop his ship as an abuse of autho-
rity, and by sanctionng which be would have failed
in his Obligations towards all parties interested in
his vessel Eer freight and cargo, as well towards |
the government in whose service the ship en- |
ployed
i have the honor to be, with sentiments of
the highest consideration, your Excelency's most
obedient servant, JOS RODNEY CRosKEY,
U. s. Consul.
EXTRACT FROM THE STATEMENT OF CONSUL CRoSKEY
TO TIE U. g. NJ MISTER AT LONDON.
The day Of the Hermann's last departure from this
port for New York was fixed and advertised for
Wednesday, the 10th of November, Immediately on
the arrival Of the London morning mails for that
day.
Had she net left on that day, the owners, who are
American citizens, would have been subjected to q
heavy penalty, as is the Gaze when British mail
steamers do not sail on their day.
To have taken the fnt officer out of the ship at
lp Uno peut al weigh wuull
as efectuay prevented her from sailing II the
captain bad been taken out, since he is the only
who is selected with reference to his ability to nav
gate the slip in case OF accident to the captain,
whereas tie other officers merely executive.
On Sunday, the eth Of November, the Hermann
arrived at this port from Bremen, TO take in cargo
passengers and mails and TO sail hence for New York
ON the Wednesday following, say the 10th Novem-
Der. She had on board large number of passen-
gers #, IN Bremen, who remain on board while the
NJ eel Il in tbs nnrt On IL esdav morning Cantain