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

10 interfere with the discipline Of his ship he would
inform him Of the circumstances Of the case, by
which it would be seen the man had committed an
assault upon his superior officer, and, as SUCH was
guilty Of mutiny, and that he, the captain was JUST
lied by the circumstances, and by the laws OF the
United States, 10 inict the punishment he had done,
viz: the putting him In irons, but that he had re-.
ported the matter to his Consul who had decided that
he would discharge him before the sailing Of the ship;
that thereupon this gentleman said that it in.
tended to discharge the man. he the magistrate, was
perfectly satisfied, or words to that effect The next
morning, the day Of sailing the ship left the docks
at o'clock, and anchored in the stream, some three
miles from the town. At O'Clock, P. M. of that
day, the mails having been put On board small
steamer in the docks, accompanied the captain to
the custom house, to clear the ship, and thence to
proceed with him on board the Hermann, to attend
to the delivery Of the mails ard to consummate the
discharge or shipment of any of her crew.
While clearing the ship the Collector informed us
that the magistrates had sent down to him to request
him to stop the Hermann from sailing and it was
then ntimated to me- and to the captain for the first
time, and by the Collector that the police had been
sent down to the ship in the stream to arrest the
chief officer on the charge Of the before mentioned
waiter, and we were given to understand that it was
account of this charge that the magistrates had
requested the Collector to stop the SHIP The Col
lector of course told them he had not the power to
refuse clealance to the ship on any such ground.
We then proceeded on board the Hermann by the
small steamer, which took us nearly half an hour,
during which time the captain and myself earnestly
directed our conversation to what had been commI.
nicated to us by the Collector. The ship was all
ready for seattle weather thick and hazy, and it
would be O'Clock before they could get under
weigh. 1t is not to be wondered at that the cap
tain, after the visit he had received the day before
from the magistrate as herein related should have
felt considerable annoyance at this proceeding, and
that he should feel disposed at any hazard not to
permit the ship to be detained He expressed to me
his doubt to the right of the magistrates to act
in this manner, and at one time his determination
not TO allow the chief officer be taken from the ship
even if the policemen should actually have him in
custody. related to him the case referred to in
my letter to the Justices before mentioned, of the
magistrates themselves having refused to act for
want OF being satisfied of their right so to do and
expressed hope that the first officer would keep out
OF the way, it would be matter of great regret
to me If any issue were created that would place me
at variance with the magistracy. | counseled obe-
dience to the law, not its violation. On arriving
alongside there were no policemen to be seen, but
the first officer was on the guard and not knowing
and having no means to know, whether he had been
arrested or not and not having any official intima-
ton OF his intended arrest in order to prevent the
possible contingency of actual resistance to the
authority OF the magistrates, however questionable
in its exercise, hailed to him to keep out of the
way, after which saw no more of him. On going
on board my time was busily occupied in attending
to the delivery OF the mails, in seeing to the settle
ment of some ships accounts and in dscharging
and shipping crew and while on board, and not till
then, | discharged the said waiter by striking his
name from the ships articles. In half an hour af.
forwards the ship sailed, and had therefore very
little time to devote to the two policemen, whom
found on the quarter deck when got on board the
Hermann. / saw them speaking to the captain but
studously avoided overearing what TRANSFERRED be-
tween them. went up to them when standing alone
and asked them what they came on board for. They
showed me a warrant, which read aud returned to
Them without any remark except asking them if they
bad arrested the first officer who the person de-
signated in the warrant, and they said they had done
So They then complained Of his not surrenderng
himself, as he had promised to go shore with them
On the return of the captain if the captain consented
then remarked to them that if the captain would not
consent they could not take the irst officer. Short
y after this, seeing them standing the deck, at
oss what to do, again accos.ed them and told them
he ship would be off in few minutes, when they
'aid they did not know how to act. then remarked
% them that thought it a very strange proceeding
on the art CT the magistrates to send them board
ust as the ship was going to sail, especially siace
one OF the magistrates had had inter-
'iew with the captain on the proceeding day, and |
lad expressed himself satisfied with what the cap |
ain Lad said and moreover observed that In my |
opinion this was question to the discipline Of the
hip, over which | alone had any control. treated
nent, and also passage ashore in the small steam
r; of the former believe they partook, but the lat
er they declined and they went ashore in the row
boat, without the first officer when the ship mmed
itey sailed. lie above is as nearly as can recOl |
ect, all that tIanspired on board. cannot pledge
myself TO the exact words used but do as to their
substance, meaning and intent, being to the above
fleet.
Not having had any official communication with
he magistrates on this subject AID they not having
any manner recognized as being either official
y or personally concerned in the matter conceived
ny position TO have been merely that of bystander
bought until The following Saturday, the 18th No
'ember. when it was brought to my attention by a
very highly colored publication in the two Southanp
on weekly papers, which are published on that day
They appended, fer the sake preference, to the
md OF this statement. thus learned it was the in
enton OF the magistrates to represent the to the
and as found these publications had
very much distorted the facts and had ascribed to me
expressions which did not use, or ii used used
n very different sense to that conveyed and had
lscribed to Captain Higgins acts Of which doubted
he truth took the first occasion to see the chief
magistrate the Mayor and to request him that before
my representation should be made to the govern
nens l might be permitted to correct any errors |
herein. Several days having elapsed without hear
ng further en- the subject, say about the 25th No
'ember, renewed my request to the Mayor when he
informed NE the Clerk to the Justices had told him
he representation had not been sent up, and he pro-
nised that should see it before it sent. BY
etter dated the 30th November, from the American
Minister was for the first time informed that the |
aid representation had been sent to the gov
,rnment and in such form as to call forth
Ter Majesfys Secretary Of State for Foreign AZ |
airs as exhibited in bis letter to the American Min
ster dated the 29th November, and to force upon
ne the necessity, in my own defence, of calling in
question the conduct Of the magistrates themselves
and of my asking, matter Of right and justice
10 myself, that tie he strictly investigated,
vsth the view Of not only settling the question of
for future cases, but also in order that,
Il it be shown that they or any Of them, have gone
beyond their authority have abused that authority
Tor personal purposes, measures may be taken as
will protect me in the discharge of my duties from
being subjected TO repetition of like injustice.
Jos. RODNEY CRosKEY,
U. S. Consul.
Southampton, December Is, 1852
FURTHER FROM Mr.. Crosby TO Mr.. INGERsOLL.
UNITED STATES CONSULATE