The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-20

L UNION
DIPLOMATIC ooRREspoNDEScE.-THE MINISTER
OF THE NETHERLANDS AND THE HERBERT MUIR
DER CASE.
The following letters embrace all the correspondence of
Importance communicated by the President relative to the
refusal OF the of the Netherlands to permit It's
diplomatic agents to testify in courts Of law:
Mr.. Marcy TO Mr.. Belmont
DKPAHnEsr OF STATE
Washington, May 10, 1856.
S regret to be under the necessity of requesting
70 invite the attention Of Mr. Van Hall Minister Of Foreign
Affairs the course of Mr. Dubois resident minister
this government regard TO the melancholy AFFAIR which
he witnessed in public hotel in Washington few days
ago.
1t will be sufficient for my present purpose state that
while he breakfast in the public dining room OF the
hotel difficulty between member OF Congress and
one Of the walters Of the hotel and personal conflict en-
sued between these parties which resulted in the death OF
the waiter from pstolshot fired by the member OF Con-
gres He appeared before the magistrates for the purpose
Of judicial investigation and the District Attorney charg
ed with the public prosecution of the offence invited Mr.
Dubois To attend the court and give his testimony In the
This he declined do and the influence Of this de-
partment invoked induce him to waive his priyi-
lege under the law of nations and appear witness
have most cheefully complied with the request OF the
District Attorney and have earnestly endeavored to con-
vince Mr. Dubois that he would not Only contribute largely
to the administration of justice by attending but increase
his claims upon the goodwill of this community and
greatly augment his of usefulness to his
that he been able 10 mhtter IN
the light in which have presented it to him. This per-
haps ought create surprise he has but lately
rived in the country and is entire stranger among U.S.
and in his embarrassment ii Ia unreasonable that he
should have consulted his colleagues in the diplomatic
corps 1t is understood that they have advised him to per-
sst in his refusal to appear before the court 1t is not
doubted that both by the usage of nations and the laws OF
the United States Mr. Dubois has the legal right to decline
give his testimony but he is at perfect liberty TO exercise
this privilege to the extent requested and by doing SO he
does subject himself to the jurisdiction of the country
q
strongly the universal justice Mr. Dubois was
believed the only unpeudiced person who witnessed
the whole affair and il s not probable that justice can be
the without his evidence II the accused acted
in sedefence is alleged he is innocent of the crime
charged, and there is high moral obligation upon Mr..
Dubois to contribute his testimony TO establish the fact
But if the contrary he is guilty the claims OF justice
less Imperative and they besides augmented
| by the interest of the whole community
These considerations have not had that influence upon
Mr. Dubois to which they are believed to DO entitled and
hope they prove to be more convincing to the mind
Mr. Van Hail. In the event of his suggesting that Mr. Du-
bos might give his deposition out OF court in the you
will omit to state that by constitution, in all Grim
na prosecutions this Accused has the right to be confront
ed with the witnesses against him. and hence in order that
the testimony should be legal it should be given before
| the court.
| am, sir, respectfully, your obedient servant
| w. L. MARCY.
AUGUST BrrMoNr, esq, Hague.
Mr. Belmont 10 Mr.. Marcy
mo. ST. LEGATION OF THE UNITED STATES
The Hague, June 10, 1855
SIR On the receipt of your despatch Of 18TH OF last
month mo 37,) lost time in communicating its con-
tents Mr.. Van Hail. accompanied by note Of mine, o
which you will please find copy annexed.
In order to show the importance which the President at
taches to this matter sought the following day, in
erview with the minister He informed me then that pre-
viou the receipt Of my note he had been placed in
of all the facts of the by Mr. Dubois himself
who at the same time had informed him of his readiness
testify before you to the of which be was witness
and that under oath, if authorized to do 80 by biz
government. Mr. Van Hall had after having taken the
orders of the King fully approved Of the conduct of MIR
Dubois and in order to evince his earnest desire TO
ply far lay in his power with your request had au
horized him to testify under OATH at your department. IL
presence of such magistrates and other persons you
might think proper convoke The character of Mr. Du
bos representative of his royal MASTER would however
on account admit of his appearing in court as an ord
nary witness and of his being subjected to vexatious
| croBs-examination.
tried in vain during hours consideration, to make
Mr. Van hall recede from the position which he had taken
telling him that by the proceedings prescribed by the
sttuon of the United States in criminal prosecutions
concession of Mr. Dubois short of his willingness to tes
y in open court and to be confronted with the accused
wonld not be of the slightest avail isevidence would
only be admissible such conditions. represented to
him the vital Importance of the case and the sacred ob
cations it imposed upon Mr. Dubois whose testimony,
perhaps the only unprejudiced witness throughout the
whole dsgacefu scene might prove indispensable either
the life of fellowbeng, to aveDge the majesty
/ of the law.
My representations and arguments proved uiess before
the determined resistance of the minister who promised
leaving him, to give at very early day. an Official
reply to my note As he had during discussions ap
peared very reluctant to being convinced by my statements
that the evidence Of Mr. Dubois in the way he willing
to allow tito be offered, could by laws not be admit
ted into court availed myself of this circumstance
address him. next morning. another note without waiting
for the reply my first communication In this note,
which beg to hand you copy enclosed sent him an ex
tract of constitution referring to criminal prosecutions
tried again to impress upon him. in the most
and earnest manner the high moral obligation which the
circumstances imposed upon Mr. Dubois to comply with
your request
This communication not received or its receipt was
ignored by the minister the time that he me- under
yesterdays date, the reply my first note Of which you
will please find the annexed copy. Its contents confirm
the unwillingness of Mr. Van Hall modify in any way
the instructions which he had before the receipt of your
despatch already sent out to bis minister resident.
have seen him again this morning, when he told me
that be would take early opportunity to reply to my
second note but that he sorry be compelled to in
form that he had been able bring himself view
the question in a different light from what he had done
His next note which his other engagements may reard
fusa allow Mr. Duboss crossexamination which he has
given in his note of yesterday.
regret extremely that my efforts have not been crowned
by better success and remain most respectfully your
very obedient servant
| AUGUST BELMONT
! Hon. w. MARCY, Secretary Of State, Washington.
| Baron Van Hall to nv. Belmont
| The HAGUE, June 8, 1885,
SIN have had the honor Of receiving your official note
of the nth instant through which, in enclosing copy of
despatch of Mr. Marcy you bespsak in the of