The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-05
VI V-HN F~s7T''
U. S. Consul, Southampton.
MR.. CRosKEY 30 Mr.. INGERsoLL.

J. r. Croskey, Esq.
U. S. Consul, Southampton.
MR.. CRosKEY 30 Mr.. ISGERsoLL.
UNITED STATES CONSULATE,
SOUTHAMPTON, Dec. A 1852. (
TO HIS EXCELLENCY JOSEPH l.. NGERsoLL, AMERI-
CAN MINISTER, LONDON.
SRI have the honor 70 inform you that in &C.
cordance with the intention intimated in my letter to
your Excellency of the I'd instant, have this day
addressed letter to the Mayor and TO the Justices of
this borough in relation 10 the representations of the
case Of tie United States mail steamship Hermann,
made to her Maestys Secretary OF State by the clerk
10 the said Justices and aveTed by him to have been
made by the direction of the Mayor as well as OF the
Justices.
And herewith submit to your attentive considera.
ton copy Of my letter to the aforesaid honorable
body, and also copy OF letter have this day re
ceived III immediate and partial reply, from his
Worship, the Mayor himself. wherein he distinctly
asserts that these representations made without
his knowledge or concurrence.
have adopted this course in order to show that in
stead of shrinking from court the stri3est nvestga
ton as far as my conduct is concerned, and also be-
cause | believe the whole body OF the magistracy will
coli eide with the Mayor and convey to Lord Malmes
bury very different view of my official proceedings
than that which he appears to have formed
The magistrates, as body, have but two alterna
tves-the one is to disavow any intention Of com
plant against me, on count OF the high opinion
they have formed OF my character and conduct by
past experience; and this If not virtual withdrawal
of the representations themselves will at least soften
and smooth down the asrertes created by them, and
which now clog the way to perfect and calm dis
cussion of the matter and the other is to maintain
that II was their wish to bring the propriety of my
official conduct into question upon exparte state
msnts, and by adopting the most extreme measures,
without giving me on opportunity of being heard;
and this will lay them open to the unenvable charge
Of having violated that justice of which they had
sworn to be the guardians and instead OF being the
presumed aggressor, shall then become the ag-
grieved party and have right to demand an inves-
tigation into their conduct.
AS the tone Of the explanation which | am pre-
pared to give, and which will be substantially the
same as that which had the honor verbally to com
municse to you, will, in a great measure, depend
upon what may he developed and brought to light
by the approaching action of the magistracy, as a
body, upon my letter to them, must ask your per.
mission to wait for that action before making my
statement Of the facts.
Having laid much stress in my letter to the Mayor
and Justices upon the question of jurisdiction in
voved in this case, have thought it not irrelevant
to suhjon to this letter extract from the general
instructions to consuls furnished by my govern ment,
to the duties Of cOnsus with reference to offences
committed on board of American vessels, by which
you will perceive that in similar to that which
occurred on board the Hermann the jurisdiction is
claimed by the United States. have the honor to
be, &c, JOS. RODNEY CRosKEY.
EXTRACT FROM THE GENERAL INSTRUCTIONS TO
UNITED STATES CoNsCLs.
Art IS. Where piracy mutiny, or any other offence
against the laws OF the United States shall have been
committed on board Of any vessel of the United
States coming into the consular district, it is the
duty OF the consul after taking the dispositions neces
sar to establish the facts to apply to the local a,
tEorites for means Of securing the offenders while
they remain in port, and to provide the means Of
sending them without delay to the United States for
trial, DC. &c.
MR.. CRosKEY TO TIE SOUTHAMPTON MAGISTRATES.
UNITED STATES CONSULATE
SOUTHAMPTON, Dec. 4, 1852.
To TIE WoRsHIPFUL THE MAYOR OF SOUTHLAND
TON, AND TO THEIR HoEoRS THE JUSTICES OF
THE BoRouG Fl. AND COUNTY.
GENTLEMEN lhave the honor to submit to your
consideration the accompanying copies of correspon
dence in relation to the occurrence which took
place when the United States mail steamer Hermann
was last at this port, which correspondence consists
Of letter from the clerk of your honorable body to
her Maestys Secretary Of State for the Home De-
partment, of letter from her Maestys Sc rotary of
State for Foreign Affairs to his kxcellency the
American Minister, and of a letter from the Ameri
can Minister to myself.
You will perceive by these letters that am called
upon to explain away the imputation of having set
British law at defiance and Of having abetted others
in doing, and that this lmputation is based upon
the representations conveyed in your letter to her
Msjestys Secretary of State.
When these papers were placed in my hands by
the American Minister experienced great surprise
and notification; surprise at having had
complaint made against me upon exparte statements
when | had, Immediately upon hearing it was your
intention TO represent the case TO the government
made request to your chief, the Mayor that before
il was represented should be permitted to sec the
statement in order that If it did not comport with my
knowledge Of the facts, might have an opportunity
OF correcting any error, or else Of making my own
comment upon the case; and the Mayor, admitting
the propriety of my request, promised compliance
and at the time observed that the sole object Of
the Dagstracy was TO have the doubtful question Of
jurisdiction involved ia this case effectualy set at
rest; and modification, to find imputed to me line
Of conduct opposed to my principles and so repug
nant TO the ideas entertain OF my duties pubs
officer. Being well convinced that occasions might
arise wherein in discharge of my official duties
might have to seek for the aid and interference Of the
local authorities, it has been my constant study not
only to avoid any contention with them, but, the
contrary, to maintain and cultivate the most friendly
understandings and il would have been the height Of
absuTdty for to desire TO set the law at def ance
in my Off ;ial capacity, when in that capacity 7
might be compelled the next moment to call that
same law u my assistance.
Afe. rejecting upon the very agreeable relations
have maintained with the local authorities and the
officers Of the crown for the last nine years, during
which have exercised the functions Of American
consul at this port and at Cowes, and during which
long period not single instance has occurred where
in have had the slightest difference, but the con-
trary, have been fortunate ON all occasions
as TO have had II In my power 10 act in har-
monious cooperation with them Ia causing my
eountrymen TO respect the laws Of this land,
tention that the statement authorized by You to be
sent to her Majesty's government, should have been
couched in such terms "a would induce the strong
aniInadyersions uIon my apparent conduct which
are to be found in Lord Malmcsburys letter to the
American Minister; and il docs appear to me- gen
temen that If it had been your wish that this state
ment should be construed into complaint on your
part against my conduct, common courtesy and com
mon justice would have dictated that ! should have
been favored with copy of said statement before IL
sent, in order that both views of the case might
have been presented at the same time. Had this
been done should have been able to show, az shall
show to the representative of my government ia Lon
DON that instead Of abetting the defiance Of the law
had counselled the very contrary, even while
doubted your right ofjurisdctOn in the premises
Moreover, had the magistrates done me the cour
tesy to recognize me, and to have communicated
with officially ia the matter, aud minated their
intention Of arrestng the FIRST officer Of the ship
should as you all must be aware, from your know
ledge Of me, most cordially have exerted whatever
authority or influence possessed TO have given force