The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-05
Important Question Of Jurisdiction over United
States Vessels In English Ports
The Case Of the Hermann and the South.
ampton Authorities.
Correspondence between Lords HaImesbwy
and Palmerston, Mr.. lngcrsoIl, Mr..
Croskey and others on the Subject,

the arrest Of the chief mate of the Hermann on the
charge of violently assaulting one Of the crew,
Frenchman while the ship was in port. The captain
OF the Hermann refused to permit the warrant TO be
executed; and the officers were accordingly compel
led to leave without their intended prisoner.
This act of the captains, in setting at def
ance the legal mandate of the Southampton
magistrates has given rise to a series Of cor
respondence between the English Secretary of State
and Minister of Foreign Affairs, the United States
Minister at London, and the nited States Consul AZ
Southampton, the most important and interesting
portion OF which we are now enabled to lay before
readers
The first communication is from the Clerk of the
Justices at Southampton to the British Secretary of
State informing him of the circumstances of the
case. Ii reads as follows
MIR. ELDRIDGE TO LORD PALaERsToS.
GUILDHALL Southampton, Nov. 49, 1852.
SIR am directed by the Mayor and Magistrates
Of this borough and county to bring under your no
tice the following facts:At the petty sessions OF the
Justices of the Peace holden on Wednesday last,
application was made to them, through the medium
of the French Vice Consul OF this port behalf of
one OF the men, Ga native or France) on board the
American steamer Hermann, for most violent
sauh committed him by tie chief mate Of that
ship, while lying in the Southampton docks.
II would appear by the cOmplainants statement,
that the sth inst at O'Clock IN the evening, he
III Inc Sc conQ CABIN ana one OF the passengers
asked him for glass of cold water, which he pro-
cee6ed to get, and another passenger, who
holding an animated conversation with somebody al
the table, caused him. during his gesticulations, to
spill a few drops Of water on his back, upon
which complainant begged his pardon, and while
speaking to him the chief mate OF the ship snatched
she glass from the compliments hand and struck
him with il in the face, with such force that it
broke out two of his upper front teeth; knowing as
he did the discipline that must be kept on board he
eontented himself with begging the officer to hear
HIM that he might explain the cause Of his apparent
earelessness but he only redoubled his blows with
the broken part OF the glass, and struck him with
IL on tue head, so that his face and head were
vered with blood. Losing then his patience com
plsne 1T seized the mate with his hands, and pushed
him away violently from him. The mate, seeing
that he had to deal with man stronger than him
self, called the sailors to aid him, who, under his
orders, treated him with the greatest barbarity,
tearing his shirt ard waistcoat to pieces and in tue
struggle compliments purse was taken, in which
was all bis money. This not all, for during the
night, while chained, and not being able to make
any resistance the mate in question came to torture
him with pair OF scissors, which he repeatedly
struck him with in the forehead; and not being able
e defend himself complainant was forced TO cry out
for help, upon which the mate left him. Upon this
state and information being laid by the COM
planant, warrant was issued by TIE Justices for
the apprehension of the chief mate of the ship,
which by this time, it should be stated had left the
docks, and was at anchor in tue stream about three
miles down the river preparatory to starting, at two
O'Clock, for New York. The warrant was imne-
.,
who, ACCOMPANIED by the complainant proceeded
% The vessel. On going alongside, officers of
the ship from the gangway called oct that the
officers were TO be allowed 10 come on board
but not that man, meaning the complainant.
Accordingly the police officers went on board, and
officer, addressing person at the head
vi the gaGgway was told that he the chief mate
upon which the police officer asked him il his name
was Mr.. Venus, that being the name given by
the complainant Of the party who had assaulted him
The mate said "yes." The police officer then told
ha hala ha
showed him, to take him before them for an assault
upon the party named in the warrant. The mate
said he would go directly the captain came on board
impossible he could go before; he was left in
charge OF the ship and he had no one else to place
there Upon that the police officer waited until the
captain came on board, in about twenty minutes
The police officer, see ng the captain board
with the American Consul, Mr.. Croskey, and the
passengers, went up to the captain and asked him if
he was the captain of the ship. He replied he
The police officer thea told the captain lie had
rant from the magistrates at southampton to appre
bend the chief mate, Mr.. VEINS. The captain i'm
medately replied-"I won't give him up; i won't
allow you to take him out Of the ship; at the
time the police officer showed the captain the war
rant He read it, and then the American Consul
said, LET me look at it," upon which the police Of
ficer handed to Mr.. Croskey, who also read it, and
gave it 10 the officer again. The police officer then
said 10 the consul, "You see, sir, / muet take this
man." The Consul said, You cannot" The police
officer said "You Sec sir, have got this warrant.
signed by the magistrate and must take the man.
board this ship, and walked away. The police OIL
Gers then co Amenced looking for the chief mate and
on going to his cabin found it locked. Not finding
the man, the police officer went to the captain again,
and asked him if it was his determination not to let
them have the He said 'Yes, it was; he wolld
not allow them TO take him out Of the ship" The
captain then said, "Why was this not done yester-
day? The French Consul had been on board the
ship and was satisfied with the man being sent on
shore, and this was after consideration of the
French Consus to detain his ship just as he was
Doiut Of he nd
he could not go to sea without his chief officer If
anything happened to him he had no to navi-
gate the ship and he should forfeit his insurance"
by force The captain replied, "You must then
have great deal force than you have got here.
You shall not take him out OF the ship while that
flag (poihting to the American Gag at the peak) il
flying" The captain also said, IF the man had
committed any offence the polio, should have him,
or he would take him on shore himself: but he had
not, for this fellow, (meaning the conpIainant) was
mutneer, and he could have him taken ashore,
and tried him at Southampton, and he would
have been sent to Botany Pay" The police officer
shen said to the captain you don't intend then, TO
let us have the man" The captain said, mo; do
not" The police officers replied, There will be no
thing done TO it," TO which the captain said, "The
governments must settle it, for he could not stop his
ship. The officers then left the captain and search
I'D about the ship long they could the vessel
about 10 start, and not finding the man. they
were obliged TO leave without being able 70 take
him The warrant Of the Justices having been thus
set at nought they think it right to submit the cir
c,mstances 10 your consideration in order that some
satisfaction explanation may be Outlined in the
matter, and the more particularly as the American
Consul was on board, end sanctioned the proceed
iugs Of the captain. Foreign ships are continually
coming b. this port, and similar may fire.
auently occur, the Justices feel that some explana-
noD is required ia the present case ia order that
their authority may he properly supported. | have,
&c, (signed) JoHN s. ELpaIDdE,
Clerk To the Justices.
Tie Right Honorable the Secretary Of State.
Lnpn MAIAEsRIlR Y 10 THE q. 8 hINfSTFR.