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

tie mercy OF the most reckless ana proniSate class OF
| men OF Of some malicious and reveDgeful vagabond
! In the manner have here eetf0rth, and by means
| Of my protest, this important question would have
| come before the two governments as pure matter
of Interesting discussion, and untrammeed with any
| vexatious considerations or unpleasant refectoDs
but now, before It can claim their calm aud earnest
attention, it becomes necessary to dvest 1t OF that IN
| divdusty with which it has become embarrassed,
through the impressions created in the mind of Lord
| Mamesbury as to myself, by means of the ex parte
statement furnished by you And it is in order that
your honorable body may take such measures TO re-
| rove these impressions (Which fatter myself You
will concur with me in calling enoneous) as may be
justified by the circumstances OF the case. and by
| your experience OF my past connection with your
selves and with the inhabitants of this town, that
have been induced to trouble you at such length
have the honor TO be, &c.
Jos. RODNEY CRosKEY.
UNITED STATES CONSULATE, /
SOUTHAMPTON, Dec. 10, 1852.
To HIS EXCELLENCY JesEPH Il. lNGERsoLL, AMERI-
CAN MINISTER, LONDON
SIR-Here with / have the honor to transmit
copy of the reply have received to my letter of the
4h instant addressed to the Mayor and the Justices
Of this Borough, of which letter | furnished your
Excellency with copy in my despatch to you of
! even date Herewith.
You will see by this reply that, contrary to my ex-
] pectations and hopes the magistrates have seered
between the two alternatives which placed before
them, and have declined acting either way or the
other in the matter. They refer me back to the
against my inclination to enter into full and par
ticular statement of the case as it is viewed by me
and in accordance with my knowledge Of the facts
Feeling as DO feel, that my conduct in this mat
ter, when properly represented, will meet, not only
with the appreciation Of your Excelency and Of the
government and people of the United States but
also with that Of her Majesty's Secretary Of State,
and knowing as do know that the conduct Of the
magistrates, amongst whom have the happiness to
reckon many personal friends, has not upon this
casion compcrted with that Difference which is alike
due by them towards me in my public capacity as it
| is by me towards them, and that they have set at
noUght the injunction conveyed in her Majesty's
exequator to receive conntenance and favorably to
assist me in the exercise of my post, giving and
allowing me all privileges, immunities and advan-
tage thereunto belonging but On the contrary either
Intentionally without design, that they have at
tempted to impede the commerce and the traffic OF
the citizens Of the United States at this port the
occasion in question, felt 10th to enter into de-
tail Of all the circumstances, not wishing to make
complaints against them, which should be obliged
TO 60 in selfdetence and it was for this that
| concluded to write them as did on fae 4th inst,
hoping that their reply would be such as to prevent
tie necessity Of my entering into said detail. While
DESTROYS of excuI pating myself from the appearance
OF mlroper conduct, was equally DESTROYS not to
inculIate item. Much to my regret their reply has
| rot done any thing towards changing the nature Of
my position, and am therefore forced to make my
statement, regardless Of any consequences which
nay attach to al investigation of their proceedings.
Ills 10Y statement accompanies this letter.
must 81 oloCze FOR its volume, but the imperative
calls upon my time have been such TO deprive me
Of tie leisure necessary for condensation thrust the
several points have therein set forth may be sug-
eestye of the importance of speedy settlement
of tie question Of Jurisdiction Involved in
this case, and likely, upon the arrival of any
American vessel to be again mooted, and perhaps
in some instance or other become coupled with the
ancient demand Of England of the right of search
and dsavowal Of the doctrine Of the American ma
tion that the flag covers the property and national
lies all those who are under it.
And if by what have set forth in my statement
it should appear to your Exceency as it does to me-
that instead Of being the party in the wrong have
been the party wronged, it will be my right to ex
pect and my duty as public officer to demand re-
dress.
AS regards the conduct of Capt Higgins, have
Lead but opinion upon it, and that is that he
was placed in a position in which no one had any
right to place him, and that, under the circumstan
ces, any commander Of so large vessel, laden with
so valuable cargo. and carrying the mails of his
government would have felt compelled to look upon
any attempt TO stop Lis ship an abuse of autho-
rty and by sanctioniDg which he would have failed
in his Obligations towards all parties interested in
his vessel, her freight and cargo, as well towards
the government in whose service the ship was en-
ployed.
j have the honor to be, with sentiments of
the highest consideration, your Excelency's most
obedent servant, Jos. RODNEY CRosKEY,
u. s. Consul.
! EXTRACT FROM THE STATEMENT OF CONSUL CROsKEY
TO THE L. s. MINISTER AT LONDON.
The day of the Hermann's last departure from this
port for New York was fixed and advertised for
| Wednesday, the 10th Of November, Immediately on
the arrival Of the London morning mails for that
day.
Had she not left on that day, the owners, who are
American citizens, would have been subjected to
heavy penalty, as is the case when British mail
steamers do not sail on their day.
To have taken the first officer out of the ship at
the moment Of her getting under weigh would have
as efectnally prevented her from sailing if the
captain had been taken out, since he is the only one
who is selected with reference to his ability to nav
gate the ship in case of accident to the captain
whereas the other officers are merely executive.
On Sunday, the 9TH of November, the Hermann
arrived at this port from Bremen to take in cargo
passengers and mails and to sail hence for New York
on the Wednesday following, say the 10th Novem-
ber She had on board large number of passen
gers from Bremen, who remain on board while the
vessel is in this port. On Tuesday morning Captain
Higgins reported to me that he had regularly shipped
at Bremen upon the ships articles, to proceed
thence in the slip TO New York, a man named
Leopold Didat, as q waiter supposed to be French
man by birth; that ON the preceding day, while pour
ing out some water for passenger he had let 1t fall
down his her back, when the first officer of the
ship snatched the tumbler he had in his hand away
from him, and reprimGnded him for his carelessness
whereupon this waiter seized the FIRST officer by the
throat and otherwise assaulted him, when the officer
in selfdc ence, struck the waiter with the aforesaid
tumbler, and through the interference OF the steward
esq, the waiter mastered that upon the case be
ing represented to him, and investigated by him. he
the captaiz considering it q case of mutiny OF very
grave character ordered the waiter to be put Ia irons
and as early possible reported the case to ne TO
decide whether TO send the offender to the United
States for trial or TO discharge him here. Consider
ing it better for the interests Of the service ia which
the ship was engaged, as well "a better for the man
himself, concluded that would before deepatching
the ship discharge him. This was early on Tuesday
morning, the 9th November the day previous TO that
appointed for the sailing OF the Hermann. During
the afternoon Of that day ] was informed by Captain
Higgins that he had received extraordinary visit
on board his ship, from gentleman who represent.
ed himself 10 be the French Vice Consul, and also
magistrate; that this gentleman stated lie came on
board TO Captain Higgins, not in his capacity of
French Consul, but ia that Of magistrate in order
10 Ike inquiries into case which had been repre-
seEted to him, as French Consul by passengers
On hoard conforming bia Treatment of ano ~ tbo