The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-17

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tsmy not exposed V IL ssspson Of contemplating any
breach u bloekads, or 20 lar - appears q carrymS
ana your lordship VIII reqass, ne government Of sAs
United States either 10 direct the immediate release
r. % snnI Ss q nsS and
detention are supposed 20 be JUSTIFIED -. c,
received tho day before yeserday from NJ. Consul
Archibald copy OF the depossion which has been n
nancated your osdshp respecting the murder Of Ne
mate 9. sbe Saxon al the time Of ner capture by one o.
been able ascertain tn vews taken by the law ocers
the Transaction shall furnish ordship with such
special instructions that feature In the case e ihsy
may recommend. am, &C., RUssklL
FOREIGN Oyy1cs, Feb. Is, 1894
NY LoRD-I stated 70 you In my despatch Of tho Soth
the further papers which since the date Of my despatch
OF the 2is OF January had been communicated 70 this
United States steamer of.w' vanderbilt
now send 10 your lordshlp copies Of such Of those
papers % II ID necessary you should have 10 your pos
The conclusion to which, after consulting the law
scers OF the crown have come on the several points
l. AZ regards the CAPTURE OF the Saxon Angra Pc.
mot ssH % out Ss% 70 %
Of the 18th Of August 1851, puvporsing to extend the
jurisdiction Of the crown Penguin Island mot
previously authorized has not since been confirmed
by nor Majesy violation OF neutral or British tori
Tory appears have taken place. and the Jurisdiction Of
the assumption OF such violation having been committed
u seems, moreover to have been admitted by one OF
The owners or the 10 Governor wodehouse that
tho vessel had been actually engaged taking board
part prize cargo landed from the Tusc oosa, for the
na on semn
Under these circumstances ncr Maesty's government
see ground for seeking TO withdraw the case from the
tuPia A
q regards the murder Of the mate OF the Saxon,
have already instructed you By my despatch Of the 3on
Majesys government that the officer OF the Vanderbilt
by whom that murder was committed should be brought
to trial without delay and you will further state TO the
American Minister that pecunary compensation 70 the
widow ought form part OF the redress which the gov
Of the United States should make for this afro.
8. as regards the coal taken by the Vanderbilt from
that the government Of the United States will mms.
diaey make he thereof full compensation for
the value the coal and for the loss they may
tanned in consequence Of the violent act OF the
mander Of the Vanderbilt In appropriatng II for the use
ion q MI seward to the proceeding Of the United
States officer, for which justhc be
II ren naye n nsr
subject Of THE despatch. am, 6c, RUSSELL
THE BARK SAXON.
This vessel taken pr by the Vanderbilt, and,
as in be seen from Earl Russels letter Of the 10th OF
February, the British government does dispute the
legality Of the act. The Saxon at time the bark
Lucy Thomson, OF New London, Connecticut Sho was
wrecked Table Bay, and purchased as wreck, by the
English Arm OF Anderson l. saxton, OF Csps Town, who
employed her in the coastiug trade pr principally The
saxon, prize bark, reached New York the ed Of
December, 1868, from Angra pequena, in charge OF
Acting Master E. s. Ke,ser, or tho Wander.
bilt; and the 9th Of February, 1864, the
for her condemnation Tor trial In the United
States District Court of this city, before Judge Belts the
Assistant District Attorney appearing in support Of the
libel against he vessel and Mcssrs Choate end Scudder
appearing for the claimants Of the cargo while Mr. Ed
wards represented Of the prize, Messrs. An
derson Saxton, Of Cape Towa. 1t wss argued that
the cargo found DO Td the Saxon tho original
cargo OF the Conrad, Anne. vessel seized by the
rebel privsteer Alabama TO Cape Town. where
the cargo OF the Conrad transferred 10 tho Saxon
and could not be there sold tho Saxon sent 10
the Of Africa. Bhe still there when deserter
from the Alabama arrived At Cape Town and Informed
Commodore Baldwin, Of the Vanderbilt. OF her
whereabouts. The Commodore started 10 pursuit,
and found the S.xon In the place described which he
seized and iome On arrival here the original
owners or the cargo the Conrad discovered their prop
erty board which they claimed. Opposed TO this
the application of Mr. Edwards the part OF the foreign
OF the Saxon, who claimed the intervention OF the
British government, their vessel as they represent,
being in neutral waters The United States gov
crnmen Withdrew the libel against the cargo, and claimed
salvage from the owners OF the cargo, which the claim
aUts' attorneys granted their right 10. Mr.. EDWARDS OPP
posed any arrangement until further instructions were
received from England and Judge Belts posspo ned Il
further hearing OF the case.
JUDGE BKTTS' DECIsroN-THE BARK SAXON AND HER
CARGO RESTORED TO THE OWNERS.
The adjourned or the Saxon was called up In the
United States District Court Of New York on the 10Th Of
March when Judge Belts made tue following decision
rNrEp DIETRICH court.
MARCH 19.-7hs United State. rs The Bark Sdzon, ~
tackle dc and odrpoTbc following decree was this day
entered this cause-Th!s having been heard on
the libel aud proofs and testimony taken IN prep1yao
heard and due dcliberaiion being had Il tt$ bfsses
and appearing that no grounds exist for the con-
domination OF the said vessel or cargo, now, on
| motion OF Charles Edwards, ESQ, proctor for the
and decreed that tho said vessel be restored TO
the claimants thereof ard that the Marshal upon the
production to him OF certfet copy OF this decree de.
liver 10 the said claimants or their said proctor the said
vessel free OF all costs, charges and expenses And on
like motion Of Townsend scudder, Esq, and Joseph H.
Chcate Esq., octors for the claimants Of said cargo II
IL further ordered adudged and decrced that the said
cargo be restored TO the claimants thereof and that tie
Marshal upon tho presentation TO him OF certified copy
OF this decree deliver to the said last mentioned claim
ants their said proctors, the said cargo, free OF all
costs, charges and expenses. The question OF salvage
aud Of probable OF seizure bong reserved for
further consideration OF the court
The case has remained subject OF international cor
Eisenhower WILL DOUBT DO greatly Influenced by th,
opinion OF the Court as 70 whether the officers Of the
Vanderbilt bad right TO 60 on board the Saxon aud
! rest her officers and crew.