The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-27

appeared to be a Portuguese, that it was his in.
kniion to take the vessel, and that he dbl not
WISH 10 see her papers, at the same time giving
MN DIS choice whsther to be taken under the n.
rican ilag or otherwise. The CAPTAIN made come
unntelligihle expression about being taken asa
pirate and the IN lie hauled do gn the coors imned
ately. The papers were then thrown overheard AID
the vess.i was seized As prize 'wthoat cJors or
papers"
The Ulcers and crew of the vessel With the exception
OF the cook landed he noarest mart of me
ano she was sent " sierra lAolo
Commander NcBlair also reported that Liept
Davidson asked Com. Wise whether, in the event Of
his meeting with an American SLAYER under Amer
can colors, and bearing genuine papers (Which of
course she wonld have obtained when she cleared
for other purposes than slavery he would use means
to induce the captain TO throw his colors aud pa
pers overheard. He replied-"We might stretch
point and tell the captain the Dale was just near
at hand" Com. Conover Immediately addressed q
letter to Rear Admiral Sir f. W, Gray, the British
commanding officer upon the station, protesting
against this action of Com. Wise rs an Interference
with the rights of Americans to take and bring to
mered punishment those who, while they bear the
flag of tie United States, offend against its laws
ard prOt sting against also for other just
which he urges, growing out If this assumption of
power. | do not doubt but that this subject will
engage the attention of your government with
q view to the correction of the evil. l have
already Informed your lord1h!o that have
not the means of verifying the lists Of the
vessels which you have transmitted, nor of ascer
tanning whether the rights of the United States
may have been violated Ivy the capture or condemna-
ton of any of them. Bat the circumstances report
ed in your letter Of 18th January 1885, respecting
the vessel the Louis Mclane are sufficiently grave
to call for an investigation. You state that tn
vessel sailing under the Americas flag, was captured
by her Britannia Majestys cruiser, the Alecto, and
that her papers were "of character so fraudulent
or imperfect rs TO constitute no evidence of Ameri-
can nationality" IL is not shown what was the
tnIe Of the papers nor in what the fraud or imper
fection consisted | am at loss, therefore, to un.
derstand the ground of justification for the capture
OF this v- e more especially as she sailed with
gulur IaI.r- furnished 10y the Collector of New
Orleans; aud / can perceive no motive the captaiu
could have had to replace these by fraudulent or i'm
perfect paier-, while still claiming American
tonay When | received your lordship's letter
calling my attention 10 this case, communicated a
copy to the Collector, requesting from him the ne
cessary explanation. He informed me 10 answer
that having reason 10 suspect the illegal destination
OF the Louis McIanc, he caused her to be watched;
but not being able to procure the necessary
proof for her condemnation, he granted her a
regular clearance, and at the same time agreeably
10 previous arrangements, he telegraphed to the
captain Of the revenue cutter stationed at the
mouth of the Mississippi, instrrctng him to over
haul the Louis McIane and to examine her tho
roughly, and, to adopt the words of the report
II ne found oveepcs to iusufy the suso cons had en
tertaned TO take charge OF the vessel aHd bring her back
to the city
The result was the arrest Of all the persons on
board the return of the vessel, the discharge and
careful examination of her cargo, the examination OF
the vcsseland her equipments by several experienced
sbpmastors. (some OF whom, having been the
coast of Africa, competent indges) and the in
sttEtion Of LEGAL proceedings against both the vessel
and the parties arrested. In these proceedings every
effort was made. by the most careful and constant at
tention 10 the subject TO convict the parties used
and condemn the vessel The accused were defended
nv able counsel and released on the preliminary ex-
animation and in the action against the vessel, al
though ~ my mind the evidence was conclusive. the
government failed To obtain a verdict THE was,
however clear that an appeal was taken from toe
United States District Court to the United States
Circuit Court while the vessel released on bonds,
proceeded 10 sea. append copy Of the letter, not
merely act of justice Ia the Collector. but also
because it shows the zeal and efforts which used
to enforce the laws upon this subject. and the duh
cuties the officers have to cncoun The Collector,
as your lordship will observe desires copies Of the
papers to which he refers, they may be useful in
the further judicial proceedings ut New Orleans
touching the Louis McIaue. II in your lOrd.hip
power, should feel obliged ii you would have the
copies forwarded o. this department "a IL l. impor
tat that the circumstances Of this capture should be
fully known Ia the government, that such measures
may be taken with relation 10 II "a the facts when
disclosed may call for. The papers will ultimately
be forwarded 10 the Collector.
In conclusion, am instructed by the President 10
inform your lordship that while he Is determined 10
execute the treaty Of lSt2 with fidelity and eff
cheney. he il not prepared under existing circum-
stances % enter into any new stipulatons the sub
jecf Of the African slave trade.
have the honor TO be, my lord, your obcdient
servant, !. WIS CASs.
To LoRp NArIrR. Envoy Extraordinary and Mi
mister Pcnipotentiary of her Britannia Majesty &c.