Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-07-03

Ton 10 the extent Of the territory and determined on
ny the law ior distant paces,j the Judge will make
known to the accused, by letter, signed by his own
mana, the reason "i his Imprisonment, the of
his accusers ana those OF the Witnesses if there be
amy, against lin.
Even III ciSe ol an accusation, nobody can be con-
ducted To prison, or be retained therein il he rivcs
caution ldrtcrmincd on by law, generality for any
crime that IL not punishable with more than six
months imprisonment or expulsion from the district
IN which the nccuscd lives. The accused will remain
at liberty.
Except when taken in the act the Imprisonment
cannot be executed without Il written order from the:
aching authority. II this order arbitrary the Judge
wh" Issues II, ana he that receives it, will he punish
ed as determined by the law. In this measure re-.
gardng imprisonment IRE not cOmprehended militia
ry commands necessary iorI purposes Of Justice and
equity.
There are different apartments in the prison to Sc
paf"c the criinnuAS according to their station and
the nature Of their crimes
The right OF property is guaranteed in all IFS full.
ness IL after thorough examination the public GOOD
requires tla one sIoud mike Use of the property of
citizen, he Will be indemnifrd for the time TO the
amount OF 1t. The law will lx the cases in which
this sing Ia exception will take pucc and il will rive
the rulers the determination of the indemnify
The public debt is equally guaranteed
No manner oi lnbor nf culture, of industry or of
commerce, can be hindered at any time that il does
not oppose itself to the public morals or security aud
health Of the citizens.
Inventors will have the ri,rht oI their discoveries
and OF their productions. The law will give them an
exclusive temporary privilege, or will rccompense
them, and will have regard for the loss they may ss-
tain i'll the publication of the discovery.
The secrecy of letters is nvioluhc. The adil,Ea-
tratIon OF the Post is vigorously responsible TOR the
intraction Of this article.
All recompelIsc conferred for services rendered to
the empire, either civil Of military, guaranteed, Is
well n the right acquired from these rccompcnscs by
conforming I" the law.
Persons IN the public employment nrc strictly re-
sponbhlc Tor abuses nnd omissions which they NAV
commit in the exercise Of their functions. and any
negligence III Watching the duties Of their subaIcrns.
:, Every citizen can present To the Legislative aud eX-
acuve departments his rcca,nniios, complaints, and
Jeiitlons, and expose Nj miractons q" the consiitu-
on, i'll rcclaIlng lrnll the acting authority the ei.
~ give "i,,enability of criminals.
"a he constitution guarantees public aid ia the indi-
r. lt.
ns Urinary instruction is free "a all ciiizena.
j.; hc establishment of colleges and universities, in
as VIII will be taught tbs elements Of the sciences,
a. atand literature, il or,iuincd.
=, . constitutional powers cannot suspend the con-
s''Sn in TINT which concerns individual rights, cx-
eeli snlne cases and circumstances specified.
in above nre the fundamental principles of the
H. riehmd obligations of all who reside in visit
tiiia Sire und | have been induced tu forward
'hei yuu, as il appears, i'll my opinion, and that o
D. l""nyhcrs That often arbitrary power is exercised
IL: under, garb oi"iiice.
all; at this time to the affairs Of the schooner
re Bay g destined for the river Sacramento, there Ia
III hc naurto steamer, which arrived nj th!s yoTt on
" inc ist September last consigned To- Cc Ui the hest
ID c"nca houses i'll this city Snun after her arrival
Ic arcport i'll circulation fiat Gn English crnzcr I'll
me cnas' fred iiO her while our taS WAS lying
ct ahd mat oevimg consul Mr., Scott, the son of Mr.
" H:n'', cur Gsul, who WAS oil visit To the States
~ WIN 'e cin Of said schooner, entering pro-
| Inr utisfn nf ,Jnln
!! INC male relied 10 sign the protest, aud S.ntcd that
}. me Ancrlcailg was not flying, and that the cap
d t'ln would n',how his cnl"rs until the balls began
J. I" ny his Ice Mr.. McCiainl WIS charged viii
u iiiSoF'hcc ana iubornatnn, and thru-t-ty OTGcr
!, nl our acting cCsul-into prison. wcrc hc lay oI
u ay.' ana from nch he was removed 10 the h"spi;n
:, by the inercrrIc OF Tie HE! Of Fucr After ti,
It McClan 'nslSctn net :hc Consul had no rg. ;1 d:s
J. crGr Gia end INSISTED on his riIl 10 aRc chnrg'
ot:!e 'i i60hcr md went on board aid took charge
as tie catain bal gIiD IL t!o States. Several Mt
tempts 'erc mad. ~ Mr. Consul scott to eject Me
= Cia!a broNgh The pnlcc, who went on board armc:!
ara arN pistol on tho mate aud told him II" was
( l1is"nt, al which McClan drew revolver and rs
surtd ne police isume riuh " >.'nh". I.T! lao c"ul'
shore whhut .hs prisoner, or blood being drawn oT
either ae But On The Goth twenty odd police passcl
. MY door With loaded inuskcts towards the EharI
with deterINed vengeance depicted or they cCunte
, nances, inCiang that McCIdn mtct be takcn, dcn'
or alive nsdwerc joined - the Gnptau of the par
and some dlitI nOrc who boarded the steamer: anr
, McClain Gli t;rG hGscf up, aru now il in prisol
rgsr wEtLe for resisting tle niicr power or insist
| inl, on h! lialt do nGt know. do not prctenC
tn say wlch right but looks quite arbitrary Of
the l.aft II "u consul.
, On thi'uuiotunatc Bay City there i! q Gri appear
ing ynuic mar naned Charl". VIA shipped on thn
vessel with ihe mt"r':r,. u reaching California anG
: paying rs @a - work. VIII" has by the misfortune
q: 80 aael bcn over eighteen months on his trip
aud Is vary deirnus 10 get to California, the plat,
where ID eau 10 something, and give Vent Iu his ex
ertions nd Industry. lie hn s,n1 opportunity Il
continp HIS tip Il few days since on the United
States arvegl: schooner humboldt, but WIS rctusct
G;.hsue lyIIl the Bny CITY, and our consul tulG
him to 1t down ana make up his mind ii he would re-
maIn. Attera time had expired his answer was thai
he worI 20 Tie CONSUL then ordered him Ia prison
where u xt4 coIiued unit! the llumhuhit Ind snlcd
ii.e oiy chnc agunst him Is that The consul wishes
him to;emtu to have III. testimony, &c Why could
not StessiGoH, io taken and scaled, and he be per
mitted A. IliGGe,l un his trip.
1, Gsan American citizen, regret tn see such arb
trary pwa from our government agents. As to tho
right o our consul to stop this young man, do not
know ;buiwh0n the police nre encouraged, and 81
often ciiici into rcquisition by consul, on sIc
petty ocaions, every foreign resident vii. sooner ol
later fel l. have not furgotteG :he days OF Henry
a. Vie, rho even got i"sc difficulty with this gov
cruIneit, and rc:urs,cd To be called home, all oi
whchwg c=ased by his protesting against arbitrary
poioeaos Oh citizens i'll this empire.
/ Or ncs affairs there arc many reports, bui The
above asncnr can learn are tho impartial tacts
Their. Is report that McCeE drew his pistol first on
the plics but cent 4ay which is right, or who is
wrong. +. III. y.
A,prelendnc some such an attack from the Herald
malroui correspondent, our worthy Consul, Robert g.
Scot, Esl on the I'd May enclosed TO us substantial
cory of lis report cc lie above case, forwarded on that
day the Department Of State with request TINT we
| uubsh and usk the Washington Union to copyit. We
cho fully comply with his requcGt, and give his state
met below. lie does not fear m impartial and calm
Investigation Of his conduct in this aflnir, which has
, cinn much trouble and pan-bu he desires not to
! haze his conduct hastily prciudged. We know Ro-
bet G. Scot, and his son Robert too well, not to be-
ale to say that he is incapable of praccing oppres-
sta towards any one. We learn that, at Rio, there il
al universal appreciation of the Con>als conduct,
anong those who know anything of the facts,
CONSUL SCOTT'S REPORT.
In Scnsambcr, 1854, the American schooner Bay
Citv came into the port OF Rio dc Janero, under the
command Of Capt james H. Nardle, era having H..
her first mate Thomas Mel cHE, for the purpose q"
entering protest against the commanding officer OF
aI English urncd vessel that had stopped, fired inio
a,l boarded the schooner on the high seas. captain
Sar,le accompanied BY his mate, Thomas Mclean
nl some others of his crew. came TO the consulate OF
acting consul Mclean was rude and volen! towards
Ibis captain, without any just provoca.ion and be-
came very insolcnt refusing for lime to surrender
the log book Of the vessel, nd treating the consul
with marked rndeaeSs. Capt w Hrne procee',nu 10 :
comain % lae consul OF the insubordinae conduct of
Mclean, MS well at sea- as for what he had manifest
cd in the office and the consul sustained the Gem
paint and dismissed Mclean on this complaint from
the vessel, and SO at the time informed hlh y shte
neut of his accounts was made, and the sum ot S32
was found due him, md hs was left at the Office to be
paid over 20 him Whenever he chose TO receive
it, Shortly afterwards, Capt. Wardle complained TO
the Consul that Mclean would not leave the HcSSc!,
but rudely insisted upon remaining or board and
acting as mate. The Consul applied TO the l5razilan
police, and had Mclean arrested and brought to the
Consulate, where his conduct wns unseenIy and
boiseraus and he insisted upon continuing us mate:
The Consul directed his Imprisonment ns ne INSISTED
unon bis RIGHT tn return and act as nj The schoOn-
er. He continued in Jail some time, aud Capt. War
die left Rio for the United States on business con,