The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-25

express my opinion to ven on the constitutional of
the law The section Of the Law under which this action
was commenced is constitutional Ia my opaion, and
II Is highly important that IL shona be enforced The
inquiry is then did tho cefeuaant epst these menS
Whatever your sympathy may be for unfortunate
Mexico for the age and position of the desenan you
permit to turn you from bsng governed by
the evidence. If you believe that the defendant
made tie enlistment directed it to BE- ,cade as test
fee you must find him guilty. IL the court were con.
vinced that an important witness for the defence
prevented from attending might charge the jury that
II would be unsafe 10 rencer verdict OF guilty. As it
is you may give the defendant the benefit OF any doubt
founted the refusal of the French Consul to testify
at the request of the defendant.
The jury after being out fifteen minutes brought in
the following verdict by their foreman Ex-Governor John
We find the prisoner guilty; at the time am in
siruced by the jury to that In view Of the many
the court viii extend to him ths kndest considerations
ami mercy.
ARREST OF THE FRENCH coNsUL--GREAr EXCITEMENT
THE CONSULAR FLAG STRUCK.
In execution Of the order Of the District Court at
O'Clock yesterday afternoon, Gen. Richardson, u s. Mar
shal for this district followed by number police off,
ment when near the house the officers stopped, and
General Richardson with two subornates entered the
consulate and asked for he consul Of France.
Mr.. lillon was at the time in conversation with Mr.
Sante Marie, French cnsu at Acapulco and the clerk
who opened the door not knowing who tie visitors were
equos ed them TO wait moment. After waiting about
two minutes Gen. Richardson, followed by his two
der ohcers resoucy opened the door Of the private
s, hoI% % hr ne eon ad an, nma went wen, IN dns Mara s ~
before.' Mr. Dillon said, ~ do dot remember. What
do you wish ~ ITO take you before the United States
District Court" 'Show me your authority :" General
Richardson put his hand the rench consus shoulder
and said; II arrest you in the name Of the United
States" ''lt's all right said Mr. D.Aon "here are
number of groups scattered through Jackson street and
for fear of difficulty, would suggest that you
and win follow you. and be in the cour as
yourself" Gen. Richardson answered 'No, sir; will
take your body to the court, dead or alive"
Mr. Dllon in the presence of Mr. Batallard his Secre
tary and Mr. Dcrbec editor of Echo du Pdcfqpe, said
Gen,lemen call you witnesses that protest solemn
and the treaties which hind France and the United
States, and in my name, and in the name of his
Majesty the Emperor of the French whom represent
here; ard render your marshal responsible, and the
goverms Mt of the Uried States all thoe who have
taken part in this unjust act and this insult to the flag
The party then started to the court followed by the
policemen More than thousand Frenchmen were col.
leced in great excitement and they rushed forward to
prevent their Consul to be Tins taken of.
Nh Dillon begged the crowd TO stand back and to dis
perse He thanked them for their sympathy, and pro-
missed to do his duty to the last The party then pro
ceedee TO the court and the events there related In
the law report.
After tie case Of Consul Dillon had been disposed of
In the court, he returned to his DIV elling
When Mr.. Dillon started for the court he had detec
mined to haul down his flag bat fearful of difficult
ty he directed that his pg should be left flying until he
hac got out Of sight However II still up when he
returned. great many French were in the n.ighbor
hood The consul took doe his flag and addressed the
multitude He requested them to remain quiet. He
sured them that he had done nothing what he
considered 1t TO be his duty and be needed aid Such
incident could not destroy the good understanding
listing for long between the two government The
Americans are a magnanimous people, and will 6ualy
support the rary which has the right France h both
the power and the will justice to her diplomatic
agents she always has done The best thing. then,
for the French would be to return home though moth
ing had happened and do their utmost to preserve good
feelings with their neighbors, the Americans
Gen. Richardson has furnished with different
On going up, he found the Consulate surrounded by
about Z, 600 Frenchmen who eviieI tly much
cited After some time, Gen. r. got admittance to the
prisoner, and courteousy expressed his errand. Mr.
Dillon said roughly =" Is that all you have to say
Take then your down the back way; cannot be
responsible for the acts of my counrymen.n Gen r.
thon said 81 arrest you, Sir in the name of the
United States and viii go down with the front
way the wny entered.
The French coming out prepared for q rescue,
and made one Eush but were restrained by the Consul
THE FRENCH CoNsuL's POSITION.
The position of Mr. Dillon, if understand it rightly,
ia now follows He struck his flag tho 25h for
what he alleged to be insults TO France. Those alleged
insults No /. Command in subpoena appear
witness; No 2. Command to bring paper form
ing portion OF his Official archives No. 3. Vio-
lation OF his domicil by the Marshal, going in
to arrest him under the attachment without any
express implied permission to enter; No 4. The
rest under the attachment All of which ho declares
to be insults to his nation because direct violations of the
treaty He declares 1t is not for him to decide what
tsacon is proper the insult having been rendered to
his government which, according to all diplomatic rule
must settle the affair The striking Of the flag was the
declaration that insult had been given which could
not be passed without notice. and that he cannot hoist
his flag until in the opinion of his government circum
stances admit OF his doing Striking the flag Is not
resignation Of the Office, but suspension of its duties
Mr. Dillon Consul of Sardinia authorized to act for
France attends to the business of the French acting
under his commission from Sardinia and using the cal
OF the sardnian consulate. Whether the positions of
Mr.. Dillon be well taken according to the diplomatic
offence given without any intent to Offend we doubt
not the government will give 1t, since Judge Hoffman
has decided the arrest to have been an improper
THE CONSULATE OF FRANCE.
of hoa writ 10 fhc Eado nd
State authorities to inform them that until otherwise
instructed by the government of France he will attend
capacity Of Consul per iner Of the King Of Sardinia
That to coy, Mr. Dillon having struck his flag under
to act Consul Of France under his Commission, from
France but he could transfer his powers TO the
sui OF another power he does transfer them to himself
as Consul Of the Kingdom Of Sardinia which Office he is
invested with
IMPORTANT Observation-Disclosures EXCHANGED
BETWEEN THE CONSUL OF FRANCE AND THE UNITED
STATES OFFICIALS IN THIS CITY.
In accordance with request, Mr. Dillon will with
the consent of the parties interested furnish for pub
cation copies Of all the correspondence which has passed
between himself and the federal officials in this city
since the arrival of Gen Wool The folio wing letters
will be succeeded by number OF others -
EDITOR ALTA CALIroRsA lin presence of the system
attic attempts OF certain organs of this city to dissent
nate doubts and suspicious concerning the loyalty and
straight forwardness Of my intentions in the matter of
the proceedings instituted against the Mexican Consul
deem it duty towards my American friends in this
community, whose esteem possesses an almost equal
Nhiue III eyes Win tnat OF the governmcn repre-
sent and OF fellow countrymen put the public in
possession, through your columns OF full complete
dafa connected with my official conduct throughout this
affair, ard my relations with the federal u'horities
There shall be neither corcoalneat disguise every
documents including those requested by the honorable
District Court Of the United States and which, moved by
sense Of mperous duty was unable TO supply shall
be succesvey published II win remain with the in
habauts Of this city and with the federal government
70 say how fer the said authorities have fahl.d that
duty prescribed 10 them namely TO extend TO the repre-
sentat1es and agents Of foreign countries particularly
to those Of France the Oldest and most faithful ally OF
their country that courtcsy which is shown them even
by senii-barbarous communities.
have therefore 30 request that you win insert the ac
CONF any ing communication of Mf Collector Hammond
together with my reply both being FIRST In order of date
They win be speedily followed by my correspondence with
Gen. Wool and with the Mexican Consul also with the
Consul agent for France at the Minister Of For
eign Affairs in Paris and the Legation OF France at Mex
The latter documents shall be copied from the OIL
cal register Of my correspondence under the immediate
inspection Of two American gentlemen Of high respecta
biity have the honor TO remain, your very obedent
servant, DILLON.
FROM Mr.. DILLON TO coTlBroR HAMMOND
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