The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-15

an humble way. Under my directions ut
Instituted IN all these matters for the preservation
of the neutral laws Of the country and in justice TO the
government to the President and to the Secretary OF
state am very happy 70 cay that when the whole mat
thereafter received for response that my action was
commended by the President and the Department OF
State, and the government at Washington was deter
mined, under all circumstances whatsoever to execute
imparllaly and firmly and in good faith the law and
insist the observance OF the neutrality laws OF the
country Circumstances last week came to the know
ledge OF the District Attorney that made 1t proper that
Senior Mackenna should be presented to the Grand Jury
of the county His case was accordingly presented and
the Indictment which is presented and now under con-
sderaton was found. On the evening OF the 6ti inst
believe Mr. MacKenna arrested by bench war
rant issued from this court on that Indictment Early
on the morning of the 7th learned from the Marshal
that he had asserted privilege as the Secretary OF the
Chilean Legation Up to that time had no knowledge
expectation belief suspicion that he claimed any
such relation On the contrary the relation in which
we had found him was, executing the matters Of the
Chilean government agent-special or confidential
IT, tina. ssry oN o ehe hnd as
serted such privilege, sent despatch to the State
Department TO Secretary Seward inquring somewhat in
detail what relation he really occupied 10 The Chilean
government. if any.
The following is copy Of the letter despatched to
Mr.. DIckrNsoNs LETTER TO THE SECRETARY OF
tOnlcal]
Hon W H srwAnp Secretary State. Washington, p o.
Benjamin v Mackenna. who has signed himself Con
with parties here At torpedo boats in this district to
Ssed e G ss s Of
the neutrality and issued for his arrest
Kenna intimate. Marshal Murray that he i privileged
washington any such privilege, have You any
secretary the Chilean Legation Please answer Inn
mediately. d. $: DICKINSON.
United States District Attorney.
Before receiving this despatch from Mr. Seward re-
ceivcd despatch from the Chilean Minister at Washing
ton, scnor r Asia Buruaga, in the words and figures
following, directed TO myself officially
TELEGRAM THE CHILEAN MINISTER.
WAsHrScrOS Feb. Z, 1866
To the UNITED STATES DISTRICT ATTORNEY
Mr. y. v Mackenpa may not be considered TO belong 10
+. s. ASIA BURUAGA Chilean Minister.
Mr. MacKenna and the learned counsel together
in the Office when the despatch came, and at once
showed il TO them. despatch came the same time
to Mr.. Mackenzie, which he showed me-one substan.
tally hshat he not TO be regarded as entitled
to the privilege Of secretary Of the Chilean legation
MI Dickinson-Thnt is all true shortly afterwards,
your Honor received the following despatch from Mr.
Seward, from the Department OF Statc:
TELEGRAM FROM Mr.. SEWARD.
70 n.a s.ss Fss ss
having any dpl0m" privilege w You win gysGesS &C
After our interview in the other day the learned
counsel elected 10 these papers and make this mo-
ton. subsequently, ion Saturday last received the pa
pcrs from my learned friend and immediately enclosed
them to Secretary Seward. with a note stating that
ton would be made to-day and urging that the papers
be returned with answer speedily as possible, and
yesterday received document rs follows from the
State Department. 1t is certificate from the Secretary
Of State
CERTIFICATE FROM THE SECRETARY OF STATE.
Ua;td Stairs Of Anniea, Department Of Sa,s-To al to
es from se roos saa s 6
. v S ss s not u.
and that he is not and never has been accredited o. the gov
privileges and immunties diplomatic agent pursuant
10 the law nations and the act of Congress in such case
In testimony whereof l. william H. Seward Secretary
the seal OF the Department of be
Done at the City Washington. l2h day February
and of ss Of vi Insd Sss nTs
This constitutes and gives the whole history Of the
course OF the government III this matter. have read
the document, wn,Gn ,uStihes suppose with aeer
right hand to the left 10 do TO bring oppres
to this gentleman But we simply treat him accord
ing what understand Ii due TO the violation Of the
laws shall be proved that he has violated them
advised. We do not wish to hurry the matter
To his or his counsels Inconvenience. We do not wish
delay to his inconvenience the dctrimcnl of
Justice, the other hand We wish to take the usual
10 regard him as gentleman Til he is proved otherwise
We but regard him The law regards sll-ai alike
entitled 70 equal righ,s and privlc;cs This, your
Honor II position and content with the pro-
| position OF the learned counsel on the other side
Mn. sTouaHTOS's REPLY.
Mr. stoughion replled:-May II please your Honor--ln
reference the certificate just by my learned
friend your Honor is perfectly that act OF Con-
gres that any person concerned In the arrest OF
minister cf = foreign country to tins government
des that person who shall the arrest
OF minister 10 accredited whether he may have been
AZ the time received such not coming this
Try In that capacity s regarded dsturber of the
and public peace Of the country is punishable
by heavy hpe and by Imprisonment mention this, be-
cause my learned friend has read o certificate from Mr.
Seward Secretary Of STATE which certificate accords
dsy VITO The s,'smsn, Of Mr. ascEenna that he ha:
friend argues that from the whole inference TO be drawn
from this circumstance he would not he entitled TO the
privilege II Is held that person who comes to this
country In that capacity within the provisions OF
the act OF Congress-. do not wish to appear here -
waving pretending 90 waive something which have
not the beat IN suppose exists, or that make
this explanation on account Of the Secretary Of States
| certificate.
Mr. DicKnson--The certificate IL part Of the history
| OF this ease a. TO the ccurse the government feels
acting in good faith and according TO the record. d.
understand any other rule than this that the govern
ment Justified in ITS course What lis relations are to
the representative Of foreign country does not come
1 under discussion here.
Mr. stoughion-It relates to the privilege. Of minis
ter or other privileged person passing through 70 the seal
| Of government
Mr. Dicsin-on--No person is recognized as minister
TIL he ~ accredited and accepted AS such. am pre-
pared to accept such disposition Of the may be
mot convenient To Mr.. NacKcnna and the learned
sell Mr. MacKenna returns plea Of not guilty
Mr. Stoughton1on do not want To 60 through the for
| mslity OF an indictment
DISCUSSION Az TO RAIL.
| Judge Shipman TO District Attorncy--Do require
| the defendant TO he held under arcsty
Mr. Dickinson-I suppose regards that the case vii
| not want new hail suppose the bail holds over
l. Mr. ~toughton-rhcrr need he no question abou
that. We will have the necessary bonds renewed U
| required.
Mr. Courtney, United States Assistant District A.
| torney--rhe bail given Is from day "a day.
| Mr. Dckiuson--wc consent 10 consider the bail sum
| Gent
| FIXING TIM TfMg TRIAL.
| judge Shipman--wben do you want 10 try the case
Mr. Sfoughton--In reference TO another case, in which
the pary, Mr. Estaban Rogers indicted under the sam
statute and for the offence, Mr. Mcdonald s here
associated with counsel for that gentleman. Mr.
| Nd hn~b he
tina, will be prepared and shall be ready for trial q
time cnien 10 the Court to try the and fo
learned friend the District Attorney 70 bring then
\