The New York Herald Newspaper, December 20, 1850, Page 7

‘Court for the Southern District of New York, and ent by the Marshal into the possession of the Chevalier Barnes the ex-Envoy and Mia- ister of the Netherlands. On the Ist of Feb- Tuary, he executed a deputation, devolving on the charge the execution of the powers, conferred on by the mandate of the Governor for the delivery of the felon; agreed on the sum to be paid zone petitioner, as stated in the letter an- ~ nexed, of the 10th September, 1833, confessed by his letter of 8 the 7th jesuery. ie ell na vices, ex; itu) sacrifices of y: er to that aes sed ntasted the day after in the ship Columbia, for jon, on his return to his govera- me) with him the entire residue of the jewels—thus restoring to the princess the whole, exce! only the small portion which the felon had sold and expended for his personal use. ‘On the fourth day of February, 1832 the charge (@d unter) of the Netherlands, (as mide d his mapa ery of that date, on the ties the partment of State,) again applied to vern- ment of the United es for the withdrawal of the action for the penalty, and in order that effect might be given to the mandate of the Governor for the ion of the prisoner; which not being the most unuring efforts were pursued for obtainment trom the prisoner of the requisite elucidations of the felony, by your petitioner, b) Raypond, who had returned oa lnads anibg the embasey, which were uncemittingly continued till the month of August followi hag. In June, 1832, the cholera declared itself, and occasioned apprehensions the embassy that the attainment of the details of the felony might be lagt by the death of the felon, and on the part of the prisoner, who was afraid of the cholera, on ac- count of himself as well as his child, then at board in the ony of New York. On the June, the prisoner concluded to give @ confession of his guilt, in a letter to the Prince and Princess of Orange, and proceed to the Hague, Folantanily, in the open tribuaals of Holland, pub- licly to relate all facts and circumstances within his knowledge concerning the jewels found 1n his pos- fession, and which he avowed nad been stolen from the palace, on condition that Raymond should go to the Hague with the letter, present it as his con- fession, and obtain and send owt his pardon from Holland, signed »y the government there. This ietter was executed in presence of Raymond and your petitioner, and attested, as (by copy) is hereto annexed On a certified copy of this letter of the prisoner, the communication of the chaige of the 26th June, 1882, (of which a copy is also nanexed,) was pre+ dicated. The withdrawal of the action for the penalty was not granted, as thus again applied for. So great was the apprehension that the prigoner might be carried off by the chagera, and the attain- ment of the elucidations defeated, thut, at the in- stance of the embassy, persons were placed, by your petitioner, about the pyisoner, as physicians, to watch the condition of his health; and this was continued till about the close of July, when the Frisoner was, spite of the care taken, attacked with disease; but, with the prompt and proper medi- eal atteadance provided for him, fatal consequences were averted. Such was the state of the disease in the prison, that all other prisoners contined had, as early a the I7th of July, whether aatried or un- der conviction there, beea discharged by the publie authorities, with the sole exception of the prisoner. On the 13th of July, the charge again, on account of the exposure of the prisouer to the disease, (as re by his communication to the department of that date,) urged on the government a speedy deci- sion as to his application for the withdrawal of the action for the penalty, which washot granted, To- wards the close of the month of July, Raymoad died of cholera. In great solicitude for the security of the objects of his government, as to elucidations from the felon of the facts attending its preparation, the charge had earnestly begged of your petitionr to remain am the city of New York, himself and family ex- posed tothe disease, to guard against the release of the prisoner by surprise or other means, and to watch over the general views of his government; and Fed petitioner himself was assailed by the tilence, and again narrowly escaped with his fe, in the services of his clients; while recovering, a relapse occurred, from which he was saved wi the aid of three physicians. On the 23d of August following, the prisoner was taken from the peuiteatiary in which he was ined, and sent to Holland—with what warrant, seen by schedule, before the king or their gunmen before the prince and princess, from ume to time, saw their capital, a but whoneither a! for months, peel od i ee forded him an opportuni on ph the individual they had deep; nged ee i 80 deeply wronged. Acallous one will be fea to have marked every step taken by your petitioner to obtain a hear- or indemnity, utterly devoid of the slightest ion or encouragement as to succesa The assistance and repeated ications, during the last four or five months of stay of your peti- tionerat the Hague, of the representative of our ereneeent, will appear to have been equally ruitless. A few of the evidences of the disposition mani- fested towards your petitioner are annexed hereto. Before going to the Hague, the letter of the 10th September annexed had been addressed from New York, with the knowledge of the charge, to the peer Huyging, then ona diplomatic mission of ernment at nhagen. i Tose on his way to the ‘Your petitioner, in Hague, and egain in Holland, wrote him for an answer to that letter, in which the services ren- dered by your petitioner under his direction were eokse eee Stated) particularly adverted to in detail. In his answer, it will be seen, when speak- ing of his engagement with your petitioner for the twenty thousand dollars for your petitioner's ser- viees under him, and of the other matters related in that letter, he says:— “ T duly received your letter of the 10th of Sep- tember last, and the project you announced to me in it of making @ voyage to Europe prevented my answering it ‘Everything you tell me in relation to the claim you make for a just remuneration for the services you have rendered to obtain the restitution of the jewels of Her, Royal Highness Madam the Princess of Orange, and the extradition of Car- rara, is perfectly true. The success of the cause you advocated with so much zeal, and with 80 ma- hy difficuities and perils, ought undoubtedly to be worth that remuneration to you. Your labors and services are known to the government, and were reprsented by me, while the aflair appertained to my ministry, as oe pee as the circumstances re- quired it of me, and as I believed in conscience to be my duty so todo. Your claims, therefore, are in no degree doubtfal; and 1 have no doubt they will be favorably received.” That letter, put by your pétitioner before the king, producing no eflect, in answer to a letter from your petitioner, in explanation of so unex- pected a result, to the Chevalier Huygins, he again, on the 25th February, 1834, replied: ‘“* Neverthe- less, | am persuaded that the government does not wish to frustrate you in the receipt of a just remu- neration for your services in a cause as difficult a3 it was laborious and complicated, ia whi asif by miracle, aud with the aid of Divine Providence, we were enabled to succeed. The goverament knows these difficulties, and the king is tow just and too good to forget them.” This, in its turn, again lald before his king, could obtain nothing—not even the courtesy or re- spect of an answer; and a committee of your hon- orable body will be asked, upon a full submission of all the papers in his case, and as submitted in writing at the Hague, to perceive that this disposi tion towards your petitioner was manifested with- out any cause or pretence of cause for dissatisfac- tion of any kind, other than such as was alleged to be aitributable to the absence of their own charge, and who had promised to accompany your peti- tioner to the Hague. Early in March, neon fp petitioner presented to his Majesty @ detailed epitome of his services aud clams, with papers accompanying it, includin, the letters from the Chevalier Huygins of the 7¢ January and 25th of February, 1534, before men- tioned ; which was answered, (as will be seen by schedule, folio 198, * that it would not be for the interest of your petitioner to awaite the answer upon his application ia that couatry.” An aitempt, by your petitioner, in another com- munication, on the 9h of April following, to lead his application to the engagement of the Chevalier Huygins, as an umsemul computassunt, for that por- tion of services of your petitioner which were in no degree dependent on the remuneration due your petitioner for services afterwards rendered un- der his son as charge was answered (as will be x folio 199) by stating in reply “that, until the charge returned, the government for what considerations, and under what agencies, being unknown to your petitioner. Your petitioner here begs leave to state that, when unable, through fourteen years of fruitless solicitation, to obtain a fair and honorable adjust- ment of his,claims from his clients, as compensa- tion and infemnity for the services thus rendered to them, he at lengta, about the 25th of Se 1847, applied to the Department of State, and ask that, in the pursuit of the original interveation of the tin behalf of his clients, the depart ment shouid now require of the goverament the Netherlands, a fair and honorable ascertainmeut of bis clair He was asked by the Secretary of State, whether he (your petitioner) had counselled oradvised the a :poriation of the prisoner by violence, and without warrant; and your petitioner was con- strained, in the just pursuit of his interests agaiast his Co wage By t under the notice of the of State, the direct evidence which his letter of the 10th of September, 1833, and the answer of the Chevalier Huygins, of the 7:h of January, 1834, had aflorded him, that the consideretion of that act had not only been concealed from your petitioner, bat that that the interests of your petitioner were se- cretly, in concealment from him, invaded by it, and that that fact had been first disclosed to your tioner, long after, by the Chevalier Haygins. Your petioner being, some days before the asportation, made aware that the asportation was contemplated, and supposing the yet continued existence ef the action for the pent ys expressed to the charge of the government of the Netherlands his surprise as to the mode in which it could be accomplished, and ‘was made aware that the keeper of the prison had required the advice of his counsel as to his authori- ty to deliver the prieoner to the marshal of the dis trict; that the marshal, by his ey and 18, was to assist in the reception of the prisoner the keeper of the prison, by his deputies officially to be present and act at the asoortetion, for the pur- of delivering the prisoner to the on Board of the steamboat, from which the and his child were to be put on board the pilot boat Gazette, which, as a part of the negotiation, had been chartered to take the pi and the officers who were to accompany him to the Netherlands. Your a mangle apes of ~ charge yh present ft the prison, to repeat the 'r to the prisoner, which had many times before been made to him by your petitioner, of the full pardon, by copy an- nexed, on the condition of a fall and voluntary dis- closure, in Holland, of the incidents attending the perpetration of the felony, and to be atlowed to do 80 the attempt should be made to take him. Your petitioner accordingly asked of the mar- shal's deputies at the prison, and ali who were attending for the ect, to stand aloof uatil your tioner could once more urge, as he did most feel- ingly, upon the prisoner, this last offer of pardon. ‘The prisoner having declined accepting the offer of your petitioner, the deputies of the then intervened, and carried the prisoner from the pri- son. Your petitioner was not aware, till some months after, that a bill of exchang ‘awa by the charge, in favor of the collector, he King of the Netherlands, for tea thousand dollars, wae the consideration for the act, and that it was to be paid asa partor portion of the sum promised to your petitioner by the Chevalier Huy gins, as stated by = petitioner in his letter of the 10th of Sep- tember. After the asportation, the charge of the govern- ment of the Netherlands desire your peutioner, a the continuance of the cholera, yet to re- main in the city with his family, and, with several assistants, to prepare returns to his government of large masses of papers and copies relative to the whole proceedings in the case, and which your petitiener did in ignorance of the dissimalation whieh had thus been practised upon him. The facts may be manifested from the most it proofs in the possession of your peti- tioner, that, from the time of the consummation of these purposes, and during a period of ten months and upwards, notwithstanding the most frequently repeated efforts, no indication whatever could be elicited through the charge of the Netherlands of position on the part of his clieats to provide for or }i jate the just claims of your petitioner for services ond sacrifices in the case of which he had so long had the charge. From the many revolting evidences of this disposition pos- persed by Leer retdener, and which he would pro- to exhibit to & committee of your honorable ly, he begs leaveto annex and submit a single one a8 @ specimen. . From causes unknown to your petitioner, the king of the Netherlands professed to be, or was, displeased with the acta of his charge, and replace him by a successor. Ac the end of fifteen months of frvitless attempts to obtain from the goverameat of the Netherlands informati is to their purposes in re lo your petitioner, it was agreed between the charge under whom the latter part of the ser- vices had been rendered and your petitioner that both the charge and your petitioner should go to the Hague; yd petitioner accordingly agre on the Sth of November, 1833, paid his pasea: bat, omphe day of entling, failure of the charge to alone, your petiliover during ten months o other reason was as- signed for not arijusti claims of your peti- tener thao the absence of the charge hinself, who, for reasons to whieh your petitioner wes an utter stranger, would not leave the United States,though continually, from time to time, promising to do so. Your petitioner will heg leave to show, by the documents and papers in his possession, thet, du. sing the ten months of his stay there, the most ex- ended and burdensome eflorts were mage by your ae to extricate himvelf from the loatl ition m which an overzealous devotion to the preresis of his clieats had thus placed hin; that he waa disappointed b: h ha Prose it the Hague, Where, ‘| ministry, without any apol fey dieroqneiing +] aad ‘which agresmsenl thee, ‘Chevaber Huygins cou!d not enter for a moment into eny explanation whatever.” _ The difficulties in which the charge had become involved in the United States having prevented his return to the Hague, and he having, during eight months subsequent to your petitioner’s departure for the Hague, frequently given assurances of his intention to comply with the orders of his govern- ment to return, and so often failed to do so, your petitioner, on the 25th of June, 1834, asked (as b echedule, foro 200, will a; theyBeron deZuylen, then » ad interim, of Foreign Aflairs, and had from him, in an interview, the oral assurances related in the letter which your petitioner, with the knew! of the of the government of the United 3 at the Hague, at day, wrote to the relative in charge of the interests of your petitioner in New York, with the view that he should, as he did, communicate it to the charge of the ‘Netherlands, and urge his re- turn to the Hague, as therein stated. On the 20ch of August followiag, the charge not being willing or uble to return, your petitioner — addressed the king, urging a hearing of his tion upon whatever Pepe's might be in the archives of the government of the Netherlands—to which no answer was ol a On the fourth of December following, your tioner received the government of the Nether- lands, without a bearing of any kind on his claims, the offer of 6,000 florins, equal to $2,400 currency of the United States, in full of all his services, sacrifices, and ind ities—a sum actually less than your petitioner's necessary personal expendi- tures while awaiting at the Hague an answer to his application. ‘he manifest! 4 gross and violent injustice of this meg po — posed your or ores gegen meee left the Hague, clinin fusing 80 preposterous an offer—an ofiet mate to your petitioner in utter a rd of the agreement of the Chevalier Huy- gins for the services of your petitioner during ey communicated to his government three years pre- viously, and to which no dissent was given duri that time, and upon the faith of which and its mate your petitioner had acted to the close of his services and sacrifices. Your tioner returned to his offices in the city of New York, where he ar- rived on the 8th of March, 1835. _ Your petitioner had been, asis seen, retained on the jay of July 1831, by the minister of the Netherlands, and, as he avows, had set aside, at his instance, the pursuit of a professional establishment in the city of New York, known to the minister of the Nether! to have been then worth fon cet to Spare ep more doilars annum of ordinary receipts, upon the assurance of the Minister of the Nethetlands, as the repre- sentative of his King and bog b of Mey vernment, expressly authorized thereto, that a full and emple and indemnity would be secured by him to your petitioner for his services and eacrifices in the pursuit of their interests and purposes. time intervening between the re- tainer and return of your petiti which his time, services, and sacrifices had been devoted to the onerous and important exigencies of the caee—had then been three years and eight months. The mere ordinary and casual receipts of his gene- ral business, had it not been inroaded upon and broken this retainer, would have been, by all feir and anticipations, ten thousand dol- lars per annum, as the rate of bis ordinary ree ceipta. The necessary expenses of the of your petitioner to the Hague, of four tl dol- lara, added thereto, would be forty-two thousand dollars of loss which your petitioner had been sub- jected to when the offer of twenty-four hundred dollars was made to him, irrespective of a fair and just indemnity for the total disraption of such an establishment, the result of twenty years of labor, in the attainment of the views of his clienta—a joes incurred by your petitioner from the time of his retainer to this day, now eighteen years and upwarde, and for which he has never received a clients oue farthing of indemnity of any kind. Having been interdicted while at the Hague from approaching either the Prince or the Princess of Orange, your petitioner, from the confines of France, at Valenciennes, addressed separate letters to each, that they might not be ignorant of the re- sult of the attempt made to procure a settlement of his claime—to which no answer has éver been re- ceived from either. ‘ Before leaving the Hague, under the advice of A. Davesac, Eeq., the charge of thie goverament at the Hegue, your petitioner confided his interests to the professional charge of DD. Ourtius, Esq , au- therizing him to propose to the royal family and their government the ascertainment of the sum justly due your petit er, by a submission of his claim, upon the papers and proofsin the entire case, to the judgment and decision of just and honorable men. Sehedule (folio 203) of the 20th of Febraary, 1825, gives en explanation of the fraitless resulm of such an artempt at the Hague, with the king, the overmment of the Netherlands, and with the Prince and Princess « f Orarge; and schedules (fo- lie 205) of the 30th March, 1585, of the refusal of the kong for en ascertainment of the eum which might thus be found justly due to your petitioner. A maee of papers, from 1835 to 1815, showing the wholly abortive result of the very numerous efforts meade through your petitioner, his counsel, and the che rge of our government at the Hague, your peti- tioner will ask leave to exhibit to a committee of your honorable body, that it may thus be seen that a!) possible efforts to obtain a just ind. maity for his rerviees, ae such indemnity might be eo ascef taired, on such a submission, had, during that en- tire period of time, been a subject of the moet earnest appeal and sulicitation, but without success to the De-| after stated, is Bible BE yy Penn iw Cok Ty whic! the | treaty rights to , ee cee ert instance, to that end sei | tea re ‘and by his helro-at- the intervention ts charge at the Hague | law, to the extent of any amount by them with the government of the Netherlands; which | through devise or inhe: ce, a8 Well asthe people instruction having been complied with, and re- | of the Netherlands ively, oF its citizens in- maining without reply for upward of a year, the plac! The United States cannot be pledged Department of State on the lith September, 1847, | to y what they do not owe. on the petition (folio 206) annexed, made an official Teferring to the exhibit (at folio 225 annexed, STAT Otek he tana 0 copy is oped (folio through the same charge. is communi- cation remaining alike unanswered for eleven months, another and a more earnest al, of which also a c is annexed, (folio 223.) was made on the 12th of October, 1848, ana, like its precursors, has been marked by the discourtesy of @ continued silence to this day. Your petitioner submits that, in view of the dis- courteous treatment with which those several communications had been received, so un’ ming the national relations with a government then in amity with that of the Netherlands, and so incom- patible with the dignity of the department, the Secretary of State could not else than fee! it incum- bent on him to abstain from further diplomatic so- jicitation in behalf of your petitioner, and recom- mended this application by him to Congress. _Your petitioner, in duty bound, as he conceives himself to be, by international law and practice, before offering for consideration this appiication, to show not only a case exhibiting “ a manifest denial of justice,” but with it, too, the evidence of every just end reasonable preliminary effort on his os to avoid it, trusts it will perceived, in the detail ot tacts he has now presented, he has not unduly ex- tended them beyond the necessities of the occasion under which he finds himself constrained to pre- sent so voluminous a relation of the incidents of his position. The hope of redress through the action of the Department of State having thus beenexhausted in fruitiess efforts to obtain an ascertainmentof the just claims of your petitioner, the duty is imposed upon ‘our petitioner to ask of yonr honorable body, as e now dees, “ an equitable examination of sueh claims,” in such mode as may be deemed best by your honorable body, and in order that such fur- ther action may be taken thereon as may be deemed conformable to international law and usage. ‘the Department of State, at the request of your petitioner, having been applied to for such ascer- tainment under their direction, a reference was directed to the Attorney General of the United States for such purpose, before whom, or such a commission as your honorable body may name, or in whatever manner may be deemed most justand equitable, or conformable to the usages of interna- tional law, your petitioner would respectfully ask that such ascertainment may be had, in order to base thereupon such further action for the satisfac- tion of the claims of your petitioner as may be just. Your petitioner respectfully begs leave to refer back to folios 60 to 63, and, upon the suggestions there made by him, to submit to your honorable body whether, upon the considerations there stated, your petitioner may justly claim of his own govern- ment the satiefaction of what shall, on such as- certainment, be found due him, in the event that payment cannot be enforced from the government of the Netherlands, The Supreme Court of the United States, in the case of McFadden and others against the schooner Exchange, referred to in the brief annexed, hav- ing established the principle that the well founded claims of an individual upon a foreign government with which that of the United States is in relations of amity, cannot be enforced in the cid tribu- nals of the United States, by its decision subject- ing the libellants in that case to costs for not having sought and obtained (as they af-er- wards did) redress and satisfaction betore the Department of State; and your petitioner having, n conformity with the principle thus established, applied to that department, and through its media- tion, been whol 4 unable to obtain redress, he trusts that it will be seen by the references to that case and others given in the brief, that the redreas of the grievances of your petitioner rightfully lies before the Congress of the United States, in the manner and form which your petitioner has by this memoria! adopted. Your petitioner, therefore, conceives and sub- mits, by international law and requirements, Con- gress assumes, for all the put 8 Of his applica- uon, the relation of a court of justice to your peti- tioner, before whom, no less than in other c “there can be no wrong without a remedy;” such, (it will be abundantly seen in the eo in its controlling influence over its courts, in some instances, with the States General of Hol- Jand, in its legislative and executive functions, was the well established international law and usage of the government of the Netherlands at the negotiation and adoption of the treaty now existi: between the governments of the Netherlands of the United States. For two or three years prior to the ultimate ne- Notiation of the terms and conditions of that treaty, id durin, iT oners, sought to neg the loans to commissioners, u the United States referred to in the brief, the con- summation of the first of which loans was not ef- gy ee ad ‘glial ernment. it done, and the loans were both effected at the same time; and with ein to the bye a _ -. i loan, as mn proposed, article of ¢ treaty was negotiated, amended, and adopted by both governments. i The treaties of the United States with for- eign governments are acknowledged and de- declared to be the supreme law of the land. The eighth section that treaty, ia exist- ence when the claims of your petitioner ac- crued to him, by the reciprocity terms of the trea:y, gave to your petitioner the same rights agaimet the fgovernmen; of the Netherlands, its subjects, and their property, fer the debt due your petitioner, that the government of the Netherlands had sought to obtain for themeelves and their sub- jects by that treaty, and which they thus did ob- tain, not only for the first loan, but for those sub- sequently made, enforcing satisfaction mutually by both governments, in the cases of both public and private indebtedness. Under the iso at the close of the section, it will be seen that the right is ivenand taken 7 both g overnments to seize, de- ain, and arrest ships and veassels, and all mer- chandise and goods in general, of either of the contracting parties, or their subjects or citizens, on account of debte, if made x the command and authority of justice, and by the ordinary methods. At the time of the adi of the treaty, in 1782, the powers Cy iction of the Supreme Court were not defined; nor would they, as your peti- tioner conceives, now be competent to exigen- cies of your petitioner’s position. If they were adequate, they would be, when put in force in the exercise of a vested right of the citizen, beyond the control of Congress; and it weuld internationally be unsafe to place the power of embroiling our country under the control of an oo ae By the sg AP og pod 6a joner, ven, acq as. y placed be end ecatron Mas mode of enforcing thoee rights internationally, a’ your petitioner conceives, Dem epi ‘in the dominion of the eas functions of Congress. ‘twill be seen in the translatioos from Bynker- shoek wnnexed, (a,) in the case in Cranch, (6,) in the casein Dodson’s Reports of the British. ‘bri Howe against the Dutch ship of-war Prins Fred- erick, (c,) a8 well as in the numerous cases of the exercise of the use of special re is by the Duteh cited by Bynkershoek, (d,) that the exercise of such nghtes, in Holland it may be judicial or legielative, when exercise 1 by other nations, are kept under legislative discretion and control, but are in the nature of a judicial enforcement of pri- vate rights for either debts or torts, and can be considered in no degree nore offensive or more apt as an occasion for an international disturbance or dissatisfaction than should be the exercise of a process of the enforcement by special ey 1 Mulloy de Jure Maritime, p. 33, book L, chap 2: and the recital of the £S ceedings on which the issue of (he writ is founded, is in itself a history of the practical proceedings for iis attainment. The brief annexed will be found to bea history of the origin of the writ, ite mode of ing, and cases for its application, from earliest ages down to the celebrated circular of Lord Poelmerston of January, 1849. ‘ If the case presented by your petitioner be one on which an a ] to the government of the United States may be rightfully made for special letters of reprisals, as your petitioner respectfully begs leave to submit it how a to be, the ment of the United States should, as well for the government of the Netheriands as for itself, and the protection of your petitioner, r a ed, the amount of the elai found to be justly due ig 4 petitioner, and which is 80, in solidum, by both the government and the peopie of the Netherlunds, and for the additional reason, that such a course in this case will save the debtor, goverament, and people, not only the expense of letters of special reprisal, (which it will be seen they are held to pay,) bat to beth governments, and your petitioner, the painful ex- posure of each to the hazards of violence It is, therefore, respectfully submitted by your titioner, that it ia thus not only the right, but nperatively the duty, of the creditor to ask that the Congrees of the United States, having in their own hands the means, should attach suapeod the seme in their , aod under their con- trol, for the security of your petitioner; that there ean be no good reason for eae rae is already in their own possession, to levy it back coercively If debts between governments or individuals thas related. by common law or by treaty stipulations, be the one to the other, the claim due as here- extracted from the Executive Documents of 1 to 1848, No. 11, it will be seen that ‘there is due by the government of the Uni.ed States to certain subjects of the King of the Netherlands, as trus- tees for the proprietors of certain loans for the District of Columbia, the sum of two millions and forty thousand dollars,since the 30th June, 1848; and your petitioner has understood, and believes it to be tue, that the King of the Netherlands, under whom your petitioner rendered his services, if not the sole proprietor for whose use the trustees originally held the loan, at leas was soto the time of his death, for so much of it as is more than the sum due your petitioner, and that such loan is now due, in whole or in in due course of devise or inheritance, to the heirs-at-law of the king, to whom it was originally due. jut enough is seenin facts presented to show that, whether the trustees of the loan hold it for the account of the king, the Prince of 01 , or his or their heirs-at-law or devisees, or for subjects of that king or his su or the present king, or for the government, all alike are liable to the claims of your petitioner. Putiendorf, and all international writers trom 1625 to this leclare as international law and justice, “that whatsoever debts any State or the prince shall contract, either primarily by them selver, or be e} ed for by not restoring to others what is their right, all goods, both corporeal and incorporeal, of their subjects, ehall be obliged to restore.” And this your petitioner would understand to be not only the law of reprisal and its justification, but the law fof every town and every hamlet, end in every country. A recovery had for a debt against the town, or for any dereliction of its pub- lic duties, is leviable on any inhabitant of the town or his Property, the town being distributively liable to him for his reimbursement, as in the case of a copartnership, or any common liability by several. And Grotius, as will be seen in the brief, (folios 227 and 238,) considers+reprisals among “nations as equivalent to the Saxon capias or taking in Withernam.” And again he says:—“By the law of nations, all the subjects of a sovereign from whom one has received an injury, are liable to this law of reprisals; for these reprisals are much of the same nature with taxes, which are in- troduced for the paying of the public debts.” And again *The property, by the seizure of things taken, is immediately acquired to the value of the debt and charges—the remainder to be restored.” Your petitioner would submit, that, deprived as is by international relations, and their require- of his right to enforce his remedy in the tribunals, either all laws allowing attach- ments or sequestration of the pi ty of ubscond- ing and absent debtors, are a fraud upon the debtors themcelves. and a reproach to the legislative enact- ments of every State in the Union, or, under the present application to Congress, a like remedy should, in common justice, be afforded to your petitioner against the property of his present debtors, whether considered in their governmental relations or that of subjects. Remediless as he is, except by such aid as it is alone competent to your honorable body to aflord him, in closing the preceding exposition of the na- ture ef his claims for arduous services most suc- cessfully rendered to his clients, and susceptible of corroboration by unquestionable oral and docu- mentary testimony, but to this day, hitherto wholly unrequited ; and at the same time, humbly sug- getting those recognized principles of constitu- uonaland international law, by the application of which he hopes that redress may be awarded him, —your petitioner now most respectfully submits his entire case to the wisdom of Cong for its consideration and action, in such-manner as in its judgment may be dapted, not only to assure to your petitioner, Americen citizen, his just rights, put also to vindicate the national honor, by enforcing a due compliance with treaty stipula- tions. W. A. Seruy, Wasuinaton, January 2, 1850, Seoretary Buchanan's Letter. DerartMent or Starz, Washington, September 1, 1847. Sin :—I herewith transmit to you a copy of the application made to this department, on the 25th of August last, by William A. Seely, Esq., of the ci y of New York, invoking the aid of his goverament to obtain the adjustment and payment of his claim for services rendered to the government of the Netherlands. T have examined this application, and the docu- ThesASta Aoudabt ments which Vite, tainly aiejudice, act Ne ig Pons ng the great value, as well of its justice. shiedly oii ihe sichortsed "aa reeve agency of Mr. Seely, that he risked his life, end was severely wounded, in accomplishing his Majesty’s wishes, | am astonished that his claims have been so long disregarded. You are, there- fore, instructed to ask an interview with the Dutch Minister for Foreign Affairs, and explain to him the nature of the case, and at the same time pre- sent him a note, prepared in such terms as may seem to you best calculated to accomplish the ob- ject. You will, also, earnestly request his answer in time fo= the next meeting of Congress. Ido not instruct you to make a tormal demand on the Dutch government in this case, because, as a general rule, the government of the United States does not interfere to enforce the contracts which our citizens may have made with foreign govern- ments. It strikes me, however, that present is an extreme case, and cannot be viewed alto- gether in the light of a mere private contract. The object accemplished chiefly through the agency of Mr. Seely, was the recovery of the jewels belonging to the Princess ut Orange, and the extradition of the robber. hit ean of the rye invoked out ine! 8 purpose ; w vernment, — actuated by the most friend! yf lings to- wards his Majesty, interfered in their behalf, in a manner we had never done before, and have never done since. Mr. Seely, who was a respectable attorney and counsellor-at-law, in full practice in the city of New Yerk, had, thererore, some reason to expect that this gevernment would not view with indifference, the refusal of the Dutch govera- ment to pay him a reasonable compensation for services performed under such circumstances. I sincerely hope that the government of his Ma- jesty may adjust t this claim without further diffi- culty or delay. There are circumstances attend- ing it, which ought not to be ex to the world by means of an application to £8. . That Mr. Seely will make such an —_ and ask the interposition of that body in his behalf, cones doubted. aes a may be, you can ant as well as myself, 1 soneteea'@ letter from, Mr. Seely last mighty transmitting me the copy of a letter which he addressed to you, date the 29h ultimo, and detailing a long conversation between him and myself. Mr. Seely has misunderstood the parport ot my remarks in several particulars, which it is that I should take the time to correct. alitl uments w! a application. In the meantime, this need not ‘lelay your action, as | understand he has already sent you ci of them all, with a single exception. which will supply the present steamer. it shall certainly expect to learn from you that you had obeyed instructions, and the result of your application, the next meeting of Con- grees. lam, sir, respectfully, your obedient servant, Auguste Davezac, Eeq. James Buenanan. Drranruent ov Starr, Washington, October 12, 1648. Sin:—I deem it to be my duty again to address oe on the subject of Mr. Seely’s claim against the dutch government. This is not now done to en- force its justice, although [ deem it to be eminently just, but to instruct you to reiterate your yt 4 ir an anewer from the Minister for Foreign Affairs bs yo note of the 29th of November last. t is now poy. year since the date of that note, and yet it still remains unanswered. Through- out my experience in department, no such want of courtesy to this government has ever been mani- fested any for wernment. For my own part, | should co myself highly censurable, were | to pursue a similar course in regard to any dressed to this department by the Chi d’Affaires of the Netherlands, and more especially if it bad been written by the express of fon the receipt of this despatch, you will there- pon the receipt of this despatch, you will, address a note to the Mioiste? for Foreign Af. urging him, in firm but reepectful language, to answer your note of the 29h of November last. Should he refuse to give you an answer, or, what is ebstantially the same, neglect to do so within a reasonable time, you will then report the fact to this department. I pursve this course upor the suggestion of Mr. Seely, who has just reason to complain that the reepiesentative of his government at the Hague, hae not been able to obtain an answer to his able ang judicious note, written nearly a year ago. Mr. Seely has just cause for his impatience ; and 1 Il expect to hear from you promptly on this fore fi et. 1 am, sir, reevectfally, your obedient serv James Bronanas. Auguste Davezac, Eeq , &e., &e., ke. m of coal in London is esti- The effort of this quan- would suffice to raise a cubical block of marble 9,000 feet in the side, through « space equal to ite own height. or to pile one euch mountain upon avother. The Monte Nuvo, near Porawoll (whi bh wae erected eringle night by voleenic fire) might be rated by sock ea effect, fom 8 depth of 40,000 feet, or about The annual conrum, Virginia and the Vermont Nullifieation Law. Jate action of the Legwlature of Vermont :— To the General Assembly of the State of Virginia: Gentlemen: 1 herewith transmit to you a pre- amble and resolutions passed by the Con: ion of Indiana, assembled te revise the constitution of that State, and the report aud resolutions of a like convention of the State of Maryland. The spirit in which they are conceived must be regarded asa favorable omen, and they excite the hepe that the feelings ,of bitterness and dissension which per- vade the confederacy, may yet pass harmlessly away. There are, indeed, portentous manifes- tations of deep discontent at the South; and these have been heighiened and intlamed by the course recently pursued in Vermont, The Legislature of that State has virtually, by statute, annulled the law of Congress for the recaptur® of fugitive slaves, which alone induced the Southern to ac- quiesce in tthe late compromise measures. Ver- mont has thus inflicted upon the whole South at once an injury uod an insult. To neither, can we with honor or self-respect submit. There must be a distinct, immediete and final settlement of the question of slavery between the slave-holding and the non-slaveholding States. If the present agitation is continued, the Union will inevitably be destroyed. If this element of dis~ cord be removed, no cause of feud remains to {iovarcine the permanence of our confederation. No-honorable means should be left untried to re- store and perpetuate tranquility. For this we should exhaust every measure of conciliation and forbearance. We can searcely pay too much for the restoration of that frateraal harmony, which is the life-blood of our federate organizatien, and which alone can for any length of time preserve the Union. Indischarge of the duty which the South owes to herself and her citizens, she must maintain, at all hazards and at any cost, her honor, her equality, her independence, and her essential rights, In proof of her devotion to the Union, she must be prepared to sacrifice all else to her sense of, Foye he late action of Vermont demands an instant settlement of the issue which has so long distract- ed ihe country. The recent action of Indiana seems to indicate that the time is propitious for its amicable decision. For the restoration of com- plete and effectual harmony, I would suggest a measure, in which the patnots of all sections, and all who reverence and are willing to abide by the constitution, may co- operate. 1 would recommend the adoption by the Legis- lature, of resolutions inviting all the States of the Union to unite in sending delegates to represent the whole people in a general convention, which ought to assemble at an early period, (not later than May) at Baltimore, or some other convenient central point, for the purpose of bringing to an end all sectional controversies relative to slavery. To secure that end, the principles which should govern the action of the convention ought to be announced in the resolutions by whieh it is called. Allshould be invited to unite in this movement who are in favor of the perpetuation of the Union, and who, to attain this result, are in favor of the Fugitive Slave law, honestiy and cordially en- forced; who are opposed to its repeal or essential modification, and who are adverse to any further agitation of the slavery question, either in Congress orin the States. With this the South will be content; less than this can only eventuate in the dissolution of the Union. The action of such a convention, if successful, and any sustained by the non-slaveholding States, would satisfy and quiet the Seuth; if unsuccessful, it would prove that the friends of order and the Union are impo- tent to control the fanatical passions which are now urgipg ona speedy dissolution. It is a mea- sure which addresses itself to 1.0 particular party, and refers to no political organization, but asks the Cpitial enpeacs of every true patriot in all sections of our widely extended republic, and which alone seems adequate to redress or avert the terrible evils under which the country now labors, or of which itis apprehensive. Y To sender: is measure effectual, and to relieve the deliberations of the convention from the tram- mels by which it might otherwise be en! > { would further recommend that such resolutions be accompanied with the sincere and earnest ap- ye of the State of Virginia, speaking through her gislature to her sisier States of the South, en- treating them to postpone any extreme action in relation to present difficulties, until the resalt of the deliberations of such a convention could be known. The restrictive measures which the Le- gislature may adopt, might be made dependent for their continuation upon the ultimate action of this convention, Px thee eniae oS deer OO nt Harpanhitetria cue fraternal harmony, or the South enabled to present ggg ge LS advi must be t! ine hope ‘ll lovers of freedom and their ceuptys the last must be the sole refuge of Southern inde- fan only when all brighter hopes are proved y this last effort to be futile and vain. motto of the South must be, as it has been, Union, if we Bry go if we must. lhave the honor to be, very respectfully, your obedient servant, Joun B. FLoyo. Anrest or 4 New Yor« Buretar tx Bostoy.— Robert B. Granger was arrested, aboutten o'clock, on Monday night, atthe Vermont Central Ilouse, Causeway street, by constables J. C. Harrington ard Thomas M. Smith, under the following cireum- stances: The officers above mentioned hnd visited this hotel to serve a warrant from the Municipal Court, when they met, in the barroom, Dr. Moses C. Greene, who just come down stairs, He d that he had been called to visit a patient who offered him a bad silver dollar in payment for his professional services, but that he had chinged i for a genuine one; that he thought the man hada large quantity of counterfeit money, as he had shown a sree nate he Cm inet his appearance was rather shabby, cers decided upon paying the mama visit. They went to his room and requested a sight at the bogus mo- ney, and having got ye of the man’s wallet, counted out $133 in ik bills, mostly of the de- nominatios of $10 and $5, 01 the Bank of New York, and @ small balance in gold,and bills of other banks. When asked by the office for any one in this city! He stated that he had worked at the 7 . The officers left him and sent to the Times office, where Se = certained that no such person had worked there, when per decided to arrest him. They took him to the lock-up of the watch house in Hanover street. After the arrest of Granger, the officers went back to the hotel with a view of finding some further clue to the matter. They there met a named James Merritt, who said te cers, ** You have arrested that other fellow, but you can’t get me into a scrape.” He was led by the officers to make a statement of facts concerning his connection with Granger. He stated that he was a nei ont gilder, belonging to Lalti- more, Who met Loney in New York on Sunday, who offered to pay his fare and ex on to Boston. They arrived here on Monday, and Bob, feeling sick, bad taken | at the Ver+ mont Central House, and he sent for Dr. Greene, whoee office is near by; that Granger had acknowledged fo him that he was a Hi oy t bur- glar, and had made a good haul, and if would ra along with him, he could do as well as he did. his he had declined, but as he had run short of money, he had allowed him to pay his ex- penees on to Heston. The officers, upon this state- ment, committed him as a morning, Mr. I lock-up in the stealing the money, teil the truth about it. im of him he hid beter Bob replied, that he would do it if he would find a friend ter him to tell it to. Upon the officer declining to find a friend, he con- cluded to tell his story, which was that a robbery bad been commitied at the store of Mevars. Harper & Brothers, book publishers,in New York, by one George Williams, and that he had received €200 out of $500 stolen to keep still about it.—Boston Mail, Dee. 18. Fatt, of A rant or .rue Horse-Snom at Nis@ana Fauts.—On Tuesday evening last, our Citizens were startled on hearing a loud and terrific noise, resembling, as near #s we can describe it, the heavy booming of artillery, in quick sueces sion, which shook the earth around us very sensi- bly. ners to be a part of the Horse-Shoe Fall on the Canada side, which had fall carrying away about ten rods of the rock in le by four in width. The canal boat, which had lodged for the last few months on the brink of the rock which has fallen, and which has excited the ad- miration of all who beheld it, was also carried over with the rock, [t m= now in the whirlpool, two miles down the river, dancing attendance to the freaks of that great melatrom. The crash oc- curred about 7 0 Kock in the evening; and it is in- deed providential that it fell veh an hour, and at this season of the year. lad it been in the aum- mer, when so men) Moe a a are here, there undow| ly wou! ave one to death; for it Is precisely the spol where ny continvally pasted, and where so many have stood to contemplate the gravdeur of nature, and behold the wa'esof the mighty oataractabove them rushing terrifically over their heads, that is now filled wih the huge masses of rock which have fallen from above. The leas of this portion ot the rock has not in the least diminished in ap pearance the view of the Fatie, but hae added to the eer ne, which looks grander and more sublime, 4 ham eV er — Vigan J aie di is, Dee. die The following is the special measage of the Go- vernor to the Legislature of Virginia, upon the we rt of Deaths and Inthe » F of Brooklyn, for the week ending Deo.iJi, 1360, Males, 18 10: “Adulte, 9; alae, at Das: fi Shildon, 18. Total, 22. GLBY, Physician of the vaio ‘ and other Boeke Tntermonte, im Greenwood ‘om New York, and ether places, ), NOR LIVERPOOL—U, 8, MALL STRAMSHIP A With the mi v q Dec. divat 12 o'clock. My from her berth at the foot of street. No berth must os through the oy ene ‘or freight oF p for elegance oF conte BD! LLINS, 86 Wall: the Arovier and ty Bk :co The steamer BALTIC will sueseed January sth. * STEARIC Sian were BATE Sapna Cmsteke ARCTIC, Captain Luce. These ships having been built by contract, expressly for government fervice, every care hae boen taken im their con~ struction, as also in thelr engines, to ensure strength and for passengers are uné= Liverpool $520; ; exelun rom Liverpool EG. L. DRAPER, Jr, 8 Boulevard, martre, a, After the first of April next, the rate of freight by the above steamers from Liverpool will be materially reduced. FOR BAVANA, SAN JUAN AND CHAGRES— new double engine steamship PROMETHEUS, B. Tinkle Jomrannder, will leave New York for the above ports, (0. 2, North River, on Wednesday, the 20h of December, instant, at 4 o'cloek, P.M. RATES OF PASSAGE. NEW YOKK TO HAVANA, State Room berth in do. berth, found b NEW YORK TO State Room berth., Beoond Cabin do. augh, C oon Btoerage F pasting apply to nS. ALLEN, 2 Battery Place. ‘The whip may be ceon for tho present at the foot of Twellta street, E.R. OR CALIFORNIA, VIA CHAGRES, WITHOUT DR ama. —The United States M perior aecommodatio rth with’ San Francisco ani 2 Panama will be esreful etomtion beyond the us now open, and p 6 e001 } ste room berth... . Cy rangferred a Hava= + 75 for” Chagros will bet Freight to New teamship FALCON. ei Ped without auch shvcltesti so alae t oF pactago, apply at the office of tbe Company, 1/7 Weat stroet, corner of hed “i to SRaTs, Special noties ts Even 0 cuiprers by phe Line fiat be their burinoss, which will bs furnished to ebippers on sopli= ROUGH LINE TO direct, via Havana.—The United Company will dispatch as absve the id dor Meamahip FALCON, fl. J tllartstel ved Commander, on Thateday December at th M., from the piar foot of Warren siroet, North ri Freight to Chagres seventy cents per oubie foot, pre- PASSAG oo 0 oindost with one of tha Pak ms for pasionm steame® afloat. ore Por. frei ‘any, 17 7Weet street, eormer of = eM. 0 RORERTR IL STEAMSHIP COMPANY.— B- lic are. jormed, that Cr the at Lams ved am San Diego, an of the tfvwenth ef the tenth will mo other Mexican ay ‘The pew steamship SOLCMRLA with pty regu! her arrival ia the Pacific, between Ban Francisco in Oregon, awaiting at the former port the arrival of and passengers from Panama, and returning without with mails sat poses: re for tho following a pig ron for the iar ne cf propeltery will bet o frsichs Gnd"tranolont paoseoence a Francisoo, Be steamships BMP: lesving New York teenth, and CHEROKEE, leaving Now York * teghth’ef cash month for Chnared. & shisd bent oft eke Ee kept in New York ss a spare ste: stoamshi: RE as willonsure ao little detention ae Doel and nrmieg. with the Paci fe steam- ships, @ through line toand from Now Orleans and porte Mexico, California and Oregon. ‘Through tickets for aay month oan be secured om tion to the Company, 64 Xowtn street, New York. tions for frei New Orleans should be made STRONG, LACRASON & GU. Agents at that place, spplice~ f New York, Ootober 31, 1880. 4 ARE REDUCED.—THROUGH LINE FOR SAN FRAN. rapes direct, and by the United States Mi Steamers in the c—Oh Saturday, Deo, 2, 1850— Sararcirie Peet near & nectar, Deo, 28, at ‘ or Sal tress and board...... nciseo, in the splendid « Panama fF about Jam. 15, 1861 — and * BOWLAND & ASPINWALL, 54 and 55 South street, [RRCT—DESPATCH LIN A Camton the nature an mont of deli indred affestions—illustrated by fully colored plates, ae ‘ae life, ature, "At s lerestacane—-aep . * « Eiteost from the“ irngl:” It may be said, e author, BOX La Rae naga eR YOURSELF. ‘Thirtieth edition, with one ee i era ink of ret » Bem posses Dr. Young's uinpins, or Bvery One nom sending twenty-five eile, Any porwr orndiog weeny. Are ee PARR AND LONDON TREATMENT OF PRIVAT 8 pI8- D COOPER, 14 a STREET, paren ahem ate ave Ome