The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-05


inform him of the circumstances Of the case, by
which il would be seen the man had committed an
assault upon his superior officer, and a. such, was
guilty Of mutiny and that he the captain, was JUST
fed by the circumstances, and by the laws OF the
United States 10 infict 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 as was in
tended to discharge the man, he the magistrate, was
perfectly satisfied, or words to that effect The next
morning, the day OF saing the ship left the docks
at o'clock, and anchored in the stream, some three
miles from the wn. At o'clock, P. NJ Of that
day. the mails having been put on board a 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, and to consummate the
discharge or shipment of any of Der crew.
While clearing the ship the Collector informed us
him to stop the Hermann from sailing and it was
then nmated 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
waiter ard We were given to understand that it was
on account Of this charge that the magistrates had
requested the Collector to stop the ship The Col
lectcr of course told them he had not the power to
refuse ceMance 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 CONVEX saton to what had been comma
nicatcd to us by the Collector. The ship was all
ready for seattle weather thick and haay, 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 be should feel disposed at airy hazard not to
permit the ship to be detained. He expressed to me
lis doubt to the right of The magistrates to act
IN this MANNER and at one time his determination
not 10 allow the chief officer to be taken from the ship
even if the policemen should actually have him in
,.l, Aa1 81 Shr
my letter to the Justices before mentioned, of the
magistrates themselves having refused to act for
want of being satisfied of their right to do, and
expressed hope that the first officer would keep out
Of the way, as it would lie matter of great regret
to me if any issue were created that would place
at variance with the magstracy. | counselled ohe-
dence 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 ntima-
ton OF bis intended arrest in order to prevent the
possible contingency OF an 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
Oh 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. Ia halt an hour af
towards 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
sudiousIy avoided overhearing what transpired be-
tween them / went up to them when standing alone
and asked them what they came on board for. They
showed me warrant, which / read and returned to
them without any remark, except asking them if they
bad arrested the first officer, who the person de-
sgnated in the warrant and they said they had done
so They then complained Of his not surrendering
himself, as he had promised to go on 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 first officer. Short
ly after this, seeing them standing the deck at
loss what to do, again accosed them, and told them
the ship would be off in q few minutes, when they
said they did not know how to act. then remarked
to them that thought it very strange proceeding
on the part Of the magistrates to send them on board
just as the ship was going to SAIL especially since
understood one of the magistrates had had an inter
view with the captain on the proceeding day, and
had expressed himself satisfied with what the cap
tain had said and moreover observed that In my
opinion this was question as to the discipline of the
ship, over which alone had any control. treated
these men courteousy and offered them some refresh
meIt, and also passage ashore in the small steam
err d the former believe they partook, but the lat
Ter they 6ec.irtd and they went ashore in the row
beat, without the first officer when the ship immedi-
atoly sailed. The above is, as nearly as can recol
lect, all that tanspired On board. cannot pledge
myself as to the exact words used but do to their
substance meaning and intent, being to the above
effect.
Not having had any official communication with
tie magistrates on this subject ard they not having
in any manner recognized me as being either official
ly or personally concerned in the matter, conceived
my position TO have been merely that of bystander
and spectator and | gave the affair no further
thought until the fell wing Saturday, the 18th No
vemher, when it was brought to my attention by
very highly coored publication in the two SOuthamp
ton weekly papers, which are published that day.
They appended, for the sake d reference to the
end OF this statement. thus learned it was the in
tenton OF the magistrates to represent the case TO the
government; and as found these publications had
very much distorted the facts and had ascribed to me
expressions which did not use, if used were used
in very different sense to that conveyed and had
asciibe to Captain Higgins acts of which doubted
the truth, took the first occasion to see the chief
magistrate the Mayor and to request him that before
any representation should be made to the govern
ment / might be permitted to correct any errors
therein. Several days having elapsed without hear
ing further on the subject, say about the 25th No
vember, renewed my request to the Mayor when he
informed me the Clerk to the Justices had told him
the representation had not been sent up and he pro-
missed that | should see it before it was sent BY
letter dated the 30th November from the American
Minister, was for the first time informed that the
said representation had been sent to the gov
eminent, and in such form as to call forth
the extreme construction placed upon it by
her Majcsty's Secretary Of State for Foreign AZ
fairs, exhibited in bis letter to the American Min
lister, dated the 10Th November and to force upon
me the necessity, in my own defence of calling in
question the conduct OF the magistrates themselves
and OF my asking 0s matter OF right and Justice
to myself, that the same be strictly investigated,
with the view Of not only Ing the question Of
Jurisdiction for future cases, but also in order that
if it be shown that they any of them, have gone
beyond their authority have abused that authority
for 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 10, 1852.
FURTHER FROM MR.. Crosby TO Mr.. IHGERsoLL.
UNITED STATES CONSULATE
SOUTHAMPTON, Dec %, 1852.
To HIS ExCELLENCY JOSEPH X. INGERsoLL, AaE-
RICAE MINISTER. LONDON.