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


have the honor to be, sir, your obedient servant
! j. Il. INGERsoLL,
J. r. Croskey, Esq.
q. S. Consul, Southampton.
Gg. cRosKEy TO MIR. INGERsoLL.
UNITED STATES CONSULATE
SOUTHAMPTON. Dec. 4, 1852.
TO HIS ExcELLENCY JOSEPH R. INGERsoLL, AMERI.
CAN MINISTER, LONDON.
SIR have the honor to inform you that, in &C
cordaDce with the intention intimaed in my letter to
your Excellency of the I'd instant have this day
address ed letter to the Mayor and to the Justices Of
this borough in relation the representations of the
case of the United States mail steamship Hermann
made to her Maesys Secretary of State by the clerk
to the said justices, and avered by him to have been
made by the direction OF the Mayor well of the
Justices.
Ard 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.
eeNed In 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 in order to show that in
stead or shrinking from court the strictest nvestga
tion as far as my conduct is concerned, and also be-
cause believe the whole body Of the magstracy will
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 a body have but two alterna-
tves-the one is 10 disavow any intention Of COM
plant against me, on account OF the high opinion
past experiences and this if not virtual withdrawal
OF the representations themselves will at least soften
and smooth down the asperties created by them and
which now clog the way to perfect and calm dis
cusson OF the matter; and the other IS to maintain
that it was their wish to bring the propriety of my
official conduct into question upon exparte state
mt hts, and by adopting the most extreme measures
Wthout giving me sn opportunity OF being heard;
and this VIII lay them open to the unenviable 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-
giieved party, and have right to demand inves-
tieation into their conduct.
As the tone of the explanation which I am pre-
pared to give and which will be substantially the
same as that which had the honor verbally to
muncate to you, will, in great measure depend
upon what may be developed and brought to light
by tie approaching action of the magistracy, as
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
volved in this case, have thought it not irrelevant
to sutjoin to this letter extract from the general
Instructions TO consuls furnished by my government
as 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 CONsuLS.
Art. 80. 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
saly to establish the facts to apply to the local au.
thorties fer 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, &c. &c.
MR. CRosKEy TO THE sorTH AMproE NAGrsTR ATrs
UNITED STATES CONSULATE
SOUTHAMPTON, Dec. 4. 1852.
To THE WoRsHlPFuL THE MAYOR OF SOUTHLAND
TON, AND TO THEIR HoNORs THE JUSTICES OF
THE BoRoUGH.A AND COUNTY.
GENTLEhES- 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
last at this port which correspondence consists
of letter from the clerk of your honorable body TO
her Msjestys Secretary of State for the Home De-
partment Of letter from her Majestys Sc Rotary of
State for Foreign Affairs to his Excelency the
American Minister, and of letter from the Amer
can Minister to myself
You will perceive - these letters that am called
upon to explain away the imputation of having set
British law at defiance and of having abetted others
in so doing, and that this mputation is based upon
the representations conveyed in your letter to her
Majesys Secretary OF State.
Wien these papers were placed in my hands by
the American Minister experienced great surprise
complaint made against me upon exparte statements,
when | had, Immediately upon hearing it was your
intention to represent the to the government,
made request TO your chief the Mayor, that before
it was represented should be permitted to see the
statement in order that if it did not comp0rt with my
knowledge of the facts, might have an opportunity
Of correcting any error, or else OF making my own
comments upon the case; and the Mayor, admitting
TIE proprety OF my request, promised compliance,
sat the same time observed that the sole object OF
the Dagistracy was TO have the doubtful question OF
jurisdiction involved in this case efectualy set at
Iest and modification, TO find inquired to me line
Of conduct opposed to my principles, and SO repug
nant to the ideas | entertain OF my duties puols
officer. Being well convinced that occasions might
arise wherein, in discharge OF my official duties,
might have 10 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, on the
contrary to maintain and cultivate the most friendly
understanding; and it would have been the height Of
absurdty for me TO desire TO set the law at def ace
in nv official capacity, when in that capacity
might be compelled the next moment TO call that
sane law to my ASSISTANCE.
After rejecting upoa 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 OF this port aud at Cowes, and durinS VIII oh
long rercd not single instance has occurred where
in haveEad the slightest difference, but on the con-
trary haye been so fortunate on all occasions
as 10 have had it in my power to act in har
monous cooperation with them in causing my
country men 20 respect the laws Of this land,
| cannot reconcile TO my mind that il was your in
tenton that the statement authorized by you to be
sent to her Majestys government, should have been
couched in such terms as would induce the strong
| animadversons upon my apparent conduct which
are to be found in Lord MamesDury's letter to the
American Minister and it does appear to me, gem
tlemen that ii 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
| hon, tarT of uppfh
was sent in order that both views Of the case might
| have been presented at the same time. Had this
been done Tshoud have been able TO show, as shall
show to the representative of my government in Lon
DON that instead OF abetting the defiance OF the law
/ | bad counseled the very contrary, even while ]
doubted your right Of jurisdiction in the premises.