The New York Herald Newspaper, July 4, 1853, Page 2

INTERNATIONAL LAW. Bepportant Question of Jurisdiction over United States Vessels in English Ports, ‘The Case of the Hermann and the South- ampton Authorities. Correspondence between Lords Malmesbury and Palmerston, Mr. Ingersoll, Mr, Creskey and ethers on the Sub Some of our readers may be aware of the fact that im the month of November, 1862, while the United States mail steamer was lying in the roads off South- ampton, preparatory to starting for New York, a party of police officers went on board, furnished with @ warrant from the police justices of that place, for the arrest of the chief mate of the Hermann, on the ebarge of vidlently assaulting one of the crew, a Freuchman, while the ship wasin port. The captain of the Hermann refused to permit the warrant to be executed; and the officers were accordingly compel- Ted to leave without their intended prisoner. This act of the captain's} in setting at defi- ance the legal mandate of the Southampton magistrates, has given rise to a series of cor- respondence between the English Secretary of State and Minister of Foreign Affairs, the United States Minister at London, and the United States Consul at Southampton, the most important and interesting portion of which we are now enabled to lay before eur readers. The first communication is from the Clerk of the Justices at Southampton to the British Secretary of Beate, informing him of the circumstances of the | ease. It reads as follows:— MRE. ELDRIDGE TO LORD PALMERSTON. GUILDHALL, Southampton, Nov. 13, 1852. Sm—lI am directed by the Mayor and Magistrates | ef this borough and county to bring under your no- | tice the followmy facts:—At the petty sessions of the Justices of the Peace ‘tholdea on Wednesday last, application was made to them, through the medium ef the French Vice Consul of this port, on behalf of | ‘one of the men, (a native or France,) on board the | American steamer Hermann, for a most violent as- | gault committed on him by the chief mate of that | ahip, while lying in the Eopricie ftes docks, It would appear by the complainant's statement, | ‘that on the Sth inst., at 8 o'clock in the evening, he was in the second cabin, and one of the passengers asked him for a glass of cold water, palatal ha pro- eeeded to get, and another passenger, who was hoiding an animated conversation with somebody at ‘the table, caused him, during his gesticulations, to spill a few drops of water on his back, upon which complainant begged his pardon, and while aking to him the chief mate of the ship snatched glass from the complainant's haud and struck Bim with it in the face, with such force that it | broke out two of his upper front teeth; knowing as | he did the discipline that must be kept on board, he contented himself with begging the ofiicer to hear | him, that he might explain the cause of his apparent | ness, but he ouly redoubled his blows with the broken part of the glass, and struck him with | it on the lead, so that his face and head were co- vered with blood. Losing then his patience, com- | ine nt teized the mate with his hands, and pushed | this example to their countrymen country, and to expect that fereign consuls | veesel while in the aocks, refused to of the ne- bo id of its eg. havergpeabnrs r their to committed by the ceasity of obedieuce to that law. extended T have the honor ‘o be with the highest considera- | on board of 2 » but whom they did ation, rir, your moct obedient, servant, s. upon its being shown that he had commit Matasssvuny. d the same offence on shore; and in thus protesting, J.B. Ingersoll, Esq. Fehon pipe bare nate a a hat pelea ad employ ic serv: ; THE U. S. MINISTER TO THE U, 8. CONSUL AT | gy prstick nt ts ‘an officer holding @ commission SOUTHAMPTON. Leoation or THE Unirep States, 45 Poxtuanp Pace, Nov. 30, 1854. Sim—I received last evening a note from the of Malmesbury, with a copy of a letter which bad been addressed to the for the Home De- ent by the Clerk to the Justices of Southamp- m, stating that ‘ a warrant issued by them, for the Sppcebentiog of the mate of the American steamship e] rmann, had been set at neugns by the master of ive the ship, who had refused to give up the mate, and whose conduct was abetted by the United States Consul, Mr. Croskey.”” I am requested by the Foreign Secretary “ to make an immediate inquiry into the conduct of the United States Consul, whose proceedings appear, on the face of the statement, to have been such as to re- uire the strictest investigation, with a view to fur- ther measures, in case they should be found to have been correctly represented.” Under these circumstances, it seems eminently proper that I should invite you to visit London without delay, when the papers will be placed in your hands, with a view to such explanation as may meet the case. I will, in the meantime, inform the Foreign Secretary that I have taken this step. I have the honor to be, sir, your obedient servant, |. R. INGERSOLL, IR. Croskey, ay U.S, Consul, Southampton. MR. CROSKEY TO MR. INGERSOLL. Unirep Srares Consunare, } Sournamrron, Dec. 4, 1852. TO MIS EXCELLEMCY JOSEPH R. INGERSOLL, AMERI- CAN MINISTER, LONDON, Sir—I have the honor to inform you that, in ac- cordance with the intention intimated in my letter to your Excellency of the 2d instant, I have this day addres:ed a letter to the Mayor and to the Justices of this borough, in relation to the representations of the case of the United States mail steamship Hermann, made to her Majesty’s Secretary of State by the clerk to the said justices, and averred by him to have been mace by the direction of the Mayor as well as of the Justices. Aud [herewith submit to your attentive considera- tion a copy of my letter to the aforesaid honorable body, and also a copy of a letter I have this day re- ceived in immediate and partial reply, from his Worship, the Mayor himself, wherein he’ distinctly asserts that these representations were made without his knowledge or concurrence. 1 have adopted this course in order to show that, in- stead of shrinking from, I court the strictest investiga- tion, as far as my conduct is concerned, and also be- cause I believe the whole body of the magistracy will coincide with the Mayor, and convey to Lord Malmes- bury a very different view of my official proceedings than that which he appears to have formed. The magistrates, as a body, have but two alterna- tives—the one is to disavow any intention of a com- plaint against me, on ascount of the high opinion they have formed of ite character and conduct by past experience; and this, if not a virtual withdrawal of the representations themselves, will at least soften and smooth down the asperities created by them, and which now clog the way toa perfect and calm dis- cussion of the matter; ‘and the other is to maintain that it was their wish to bring the propriety of my official conduct into question upon exparte state- mcnts, and by adopting the most extreme measures, without giving me sn opportunity of being heard; and this will lay them open to the unenviable charge of baving violated that justice of which they had | sworn to be the guardians, and, instead of being the presumed aggressor, I shall then become the ag- giieved party, and have a right to demand an inves- awey violently from him. The mate, seeing that he had to deal with a man stronger than him- | self, called the sailors to aid him, who, under his | orders, treated him with the greatest barbarity, boat 5 his shirt and waistcoat to pieces, and in the le complainant’s purse was taken, in which was ali his money. This was not aff, for during the night, while chained, and not being able to make avy resistance, the mate in question came to torture | him with a es of scissors, which he repeated! | strock him with in the forehead; and not being able | te defend himself, complainant was forced to cry out fer help, upor which the mate left him. statement and information being laid by plamaut,a warrant was issued by the Justices for | the apprehension of the chief mate of the ship, | which by this time, it should be stated, had left the docks, and was at anchor in the stream, about three mailes down the river, preparatory to starting, at two | e’elock, for New York. The warrant was imme- | diately placed in the hands of the police officers, | who, accompanied by the complainant, proceeded to the vessel. On going alongside, some officers of the ship from the gangway called out that the @fficers were to be alluwed to come on board, } bet not that man, meaning the complainant. | Accordingly the police officers went on board, and | ene officer, addressing a person at the head of the gangway, was told that he was the chief mate, upon which the police officer asked him if his name was Mr. Venus, that being the name given by | the complainant of the party who had assaulted him. | ‘The mate said “‘yes.”’ The police officer then told | him he had a warrant from the magistrate, which he showed him, to take him before them for an assault | upon the party named in the warrant. The mate faid he would go ee the captain came on board; it was im ible he id go before; he was leftin | charge of the ship, and be had no one else to place there. Upon that the police officer waited antl the eaptain came on board, in about twenty minutes. ‘The police officer, see ng the captain come on board, with the American Consul, Mr. Croskey, and the | ey went up to the captain and asked him if was the captain of the ship. He replied he was. | The police officer then told the casi he had a war: | rant from the magistrates at Southampton to appre- hend the chief mate, Mr. Venus. The captain im- mediately ap won't give him up; I won't | allow you to take him out of the ship;” at the same ‘time the police officer showed the captain the war- yaut. He read it, and then the American Consul said, “Let me look at it; upon which the police of- | ficer handed it to Mr. Croskey, who iso reaa it, and | _Zavs it to the officer azain, ‘The police officer then | ‘maid to the consul, “You see, sir, I must take this | man.” The Consul said, ‘‘Youcannot.” The police fires seid, “You see, sir, I have got this warrant, by the magistrate, and must take the man.” he on sul then said, “J lave got all the coutrol on hoard this ship,” and walked away. The police offi- cers then commenced looking for the chief mate, and on going to his cabin found it locked. Not finding the wan, the police officer went to the captain again, and asked him if it was his dete: ation not to let them have the man. He said “Yes, it was; he woald | not allow them to take him out of the ship.’ The | captain then said, “Why was this not done yester- | dey? The French Consul had been on board the ebip, and was satisfied with the man being sent on shore, and this was an after consideration of the French Consnl’s to detain bis sbip just as he was on the point of +tarting; he could not possibly stop, and | he could not go to sea without his chief officer. If anything happened to him he had no one to na the ship, and he should forfeit his insurance. Fhe police officer then said, ‘‘I shall take out the man by force.” The captain replied, “You must then ‘have a great deal more force than you have got here. You shall not take him out of the ship while that flag (pointing to the American flag at the peak) is | fying.” The captain also said, “If the man had committed any effence the police should have him, or he would take him on shore himself; but he had | not, for this fellow, (meaning the complainant,) was @ mttineer, and he could bave him taken ashore, and tried him et Southampton, and he would have been sent to Botany Pay.” The police officer ‘then said to the captain, ‘You don’t intend, then, to Iet us have the man.” The captain said, ‘‘ No; I do not.” The po! fficers replied, “There will be no- thing done to it;” to which the captain said, “The everrments trust settle it, for he could not stop his ip.” The officers then left the captain, and search- ed abont the ship 98 long as they could, as the vessel wor about to start, and not finding the man, they were obliged to leave without being able to take him. The warrant of the Justices having been thus set at nought, they think it right to subm't the cir- eamstances to your consideration, in order that some satisfaction or explanation may be obtained in the matter, and the more particularly as the Americana Consul was on board, and sanctioned the proceed- ings of the captain. Foreign ships are continually coming tothis port, and as similar cases may fre quently occur, the Justices feel that some explana tuon is required in the present case, in order that their authority may be properly support I have, &o,, (Signed) = Joun 8. Euoninoe Clerk to the Je The Right Honorable the Secretary of State. Upon this | | | the com- | | LORD MALMEEBURY TO THE U. 8. MINISTER. | Fongion Orrice, Nov. 29, 1552. Sra —I have the honor of forwarding to you here- with a copy of a letter, which has been addressed to the Secretary of State for the Home Department by the Clerk. to the Justices of Southampton, stating that a warrant issued by them for the apprehension ef the mate of the American steamship Hermann had been vet at nought by the master of the ship, who had refused to vive op the mate, and whose ond ict was abetted by the United States Consul, Mr. Croskey. T feel it my duty to request that you will have the ness to make an immediate inquiry into the eonduct af the United States Consul, whose pro- eeedings appear, on the face of the statement, to hhave been such as to require the strictest investiga- Mon, with a view to further measures in case the should be found to have been correctly represented. Yen will, | doubt not, concur with me, that her ugation into their conduct. As the tone of the explanation which I am pre- pared to give, and which will be substantially the same as that which I had the honor verbally to com- municate to you, will, in a ree measure, depend upon what may be developed and brought to light by the approaching action of the magistracy, as a body, upon my letter to them, I must ask your per. mission to wait for that action before making my own statement of the facts. Having laid much stress, in my letter to the Mayor and Justices, upon the question of jurisdiction ‘in- volved in this case, I have thought it not irrelevant to subjoin to this letter an extract from the general instructions to consuls furnished by my government, as to the duties of consuls with reference to offences committed on board of American vessels, by which you will perceive that in cases similar to that which occurred on board the Hermann the jurisdiction is claimed by the United States. I huve the henor to be, &e., Jos, Ropney Croskey. EXTRACT FROM THE GENERAL INSTRUCTIONS TO UNITED STATES CONSULS. Art. 35. Where piracy, mutiny, or any other offence against the Jaws of nited States, shall have been committed on board of any vessel of the United States coming into the consular district, it is the duty of the consul, after taking the depositions neces- sory to establish the facts, to apply to the local au- thorities for means of securing the offenders while they remain in port, and to provide the means of sending them without delay to the United States for trial, &c. &e. MR. CROSKEY TO THE SOUTHAMPTON MAGISTRATES. Unirep States Consonare, } Sovurnaupron, Dec. 4, 1552. To Tne Worsnirren THE Mayor or Sovruamr- TON, AND TO THEIR HoNoRS THE JUSTICES OF THE Borover, anv County. GenTLEMEN— lhaye the honor to submit to your consideration the ace sig gy he copies of correspon- dence in relation to the oscurrence which took place when the United States mail steamer Hermann was last at this port, which correspondence consists of a letter from the clerk of your honorable body to her Majesty's Secretary of State for the Home De- artment, of a letter from her eer 's Secretary of Erate for Foreign Affairs to his Excellency ‘the American Minister, and of a letter from the Ameri- can Minister to myself. You will perceive hy these letters that I am called upon to explain away, the an of having set British law at defiance, and of having abetted others in so doing, and that this imputation is based upon | the representations conveyed in your letter to her Majesty’s Secretary of State. When these papers were placed in my hands by the American Minister I experienced great surprise and mortification; surprise at having had a complaint made against me upon exparte statements, when I had, immediately upon hearing it was your jutention to represent the case to the government, | made & request to your chief, the Mayor, that before it was represented I should be permitted to see the statement, in order Ubat if it did not comport with my knowledge of the facta, I might have an opportunity of correcting any error, or else of making ny own comments upon the case; and the Mayor, admitting the propriety of my request, promised compliance, Jat the tame time observed that the sole object of the magistracy was to have the doubtfal question of jurisdiction involved in this case elfectuatly set at rest; and mortification, to find impu’ed to mea line of conduct so opposed to my principles, and so repug- nant to the ideas I entertain ot my duties as a publia cficer. Being well convinced that occasions might arise wherein, in discharge of my official duties, 1 might have to seek for the aid and interference of the local authorities, it has been my constant study, not only to avoid any contention with them, but, on the contrary, to maintain and cultivate the most iriendly understanding; and it would bave been the height of absurdity for me to desire to set the law at deli:ace in my officiel capacit7, when in that capacity I might be compelled the next moment to cull that same law to my assistance. from the President of the United States, and thus entitled, as to questions of discipline, or of offences committed on board by and against either the officers or the crew, to the same considerations and ex- emptions as are extended by comity of nations to national vessels coded pgp In order to illustrate the position I have advanced as to the question of jurisdiction, let us suppoge that the first officer of this ship had committed the of- fence with which he has been charged with o much dramatic coloring, and had been punished for it by the laws of England, and that both he and the com- plainant had gone to New York in the same ship, crafterwards met in the United States, the complani- ant could again have proceeded against bim for the same offence, as having been committed on board of an American ship, and Grin ey within the jurisdiction of the courts of the United States; and it is very questionable if the accused could successfully plead his former trial in England, so that the conse- quences would be that be would be tried and punish- ed twice for the same offence, which is alike opposed tothe spirit of the British as it is to that of the American constitution. Be that as it may be, there can be no doubt that this isa question of immense importance to the two nations who are, and ever hkely to continue to be, the ocean mail carriers of the world; and it isto be hoped that its solution will be prompt, and in accordance with the views I have here thrown out. For if it be set- tled that upon the very moment of the departure ofa wail steamer, the captain or chief officer can be ar- rested and taken out of the ship, upon a charge made ine some one of the crew for alleged maltrest- ment, the mail service of both countries would be at. the mercy of the most reckless and profligate class of men, or of some malicious and revengeful vagabond. In the manner I have here tetforth, and by means of my protest, this important question would have come before the two governments as a pure matter of interesting discussion, and untrammelled with any vexatious contiderations or unpleasant reflections; but now, before it can claim their calm and earnest at'ention, it becomes necessary to divest it of that in- dividuality with which it has become embarrassed, tLrough the impressions created in the mind of Lord Malmesbury as to myself, by means of the ex parte statement furnished by you. And it is in order that jour honorable body may take such measures to re- move these impressions, (which I flatter myself you will concur with me in calling erroneous,) as may be justified by the circumstances of the case, and by yotr experience of my past connection with your- selves, and with the inhabitants of this town, that I have been induced to trouble you at such length. I have the honor to be, &c. Jos. Ropney Croskey. Unirep Srates Consvunare, Sournampton, Dee. 15, 1852. To His Excetuency Jeseru R. INGeRso., AMERI- can Minister, Lonpon. Sin—Heresith I have the honor to transmit a copy of the reply I have receiyed to my letter of the ih instant addressed to the Mayor and the Justices of this Borough, of which letter I furnished your Excellency with a copy in my despatch to you of even date therewith. You will see by this reply that, contrary to my ex- Pears and hopes, the magistrates have steered between the two alternatives which I placed before them, and have declined acting either one way orthe other in the matter. They refer me back to the Secretary of State, and 1 am now obliged, much against my inclination, to enter into a full and par- ticular statement of the case as it is viewed by me and in accordance with my knowledge of the facts. Feeling as I do feel, that my conduct in this mat ter, when properly represented, will meet, not only with the approbation of your Excellency and of the government and people of the United States, but also with that of her Majesty’s Secretary of State, and knowing as I do know that the conduct of the magistwites, amongst whom | have the happiness to him before the sailing of the ship; D gentleman said that, as it was in- Ischarge the man, he, the Was led, or words to that effi The next of sailing, the ship left the docks lock, and anchored in the stream, some three miles from the town. At 2 o'clock, P.M. of that day, the mails having been put on Board a small steamer in the docks, I accompanied the captain to the custom house, toclear the ship, and thence to proceed with him on board the Hermann, to attend to the Soiree of the mails, and to consummate the discharge or shipment of any of her crew. While clearing the ship the Collector informed us that the magistrates had sent down to him to request him to stop the Hermann from sailing; and it was then intimated to me, and to the captain, for the first time, and by the Collector, that the police had been sent down to the ship in the stream to arrest the chief cfficer on the charge of the before-mentioned waiter, aud we were given to understand that it was on account of this charge that the magistrates had requested the Co!lector to stop the ship. The Col- lector of course told them he had not the power to efuse cleaance to the ship on any such ground. ethen proceeded on board the Hermann by the smal] steamer, which took us nearly half an fone, during which time the captain and myself earnestly directed our conver-ation to what had been commu- nicated to us by the Collector. The ship was all ready for sea—the weather thick and hazy,-and it would be 3 o’clock before they could get undev weigh. It isnot to be wondered at that the cap- tain, after the visit he had received the day before from the magistrate, as herein related, should have felt cousiderable poses at this proceeding, and ispozed at any hazard not to that he should feel pera the ship to be detained. He expressed to me his doubt as to the right of the magistrates to act in this manner, and at onetime his determination not to allow the chief officer to be taken from the ship, even if the policemen should actually have him in custody.- I related to him the case referred to in my letter tothe Justices before mentigned, of the magistrates themrelvyes having refused to act for want of being satisfied of their right so to do, and expressed a hope that the first officer would keep out of the way, as it would be a matter of great regret to me if any issue were created that would place me at variance with the magistracy. I counselled obe- dience to the law, not: its violation. On arriving alongside there were no policemen to be seen, but the officer was on the guard, and not knowing, and having no means to know, whether he had been arrested or not, and not having any official intima- tion of his intended arrest, in order to prevent the possible contingency of an actual resistance to the authority of the magistrates, however questionable in its exercise, I hailed to him to keep out of the wey, after which I saw no more of hira. On going on board my time was busily occupied in attending tothe delivery of the mails, in seeing to the seitle- ment of some ship’s accounts, and in dischargin, and shipping crew ; and while on board, and not til then, I discharged the waiter by striking his name from the ship’s articles. In half an hour af: terwards the ship sailed, and I had therefore very little time to devote to the two policemen, whom I found on the quarter deck when | got on board the Hermann. I saw them speaking to the captain, but I studiously avoided overhearing what transpired be- tween them. I went up to them when standing alone and asked them what they came on board for. They showed me a warrant, which I read and returned to them without any remark, except asking them if they had arre-ted the first officer, who was the person de- signated in the warrant, and they said they had done so. They then complained of his not surrendering himeelf, as he had promised to go onshore with them on the return of the captain, if the captain consented. I then remarked to them that if the captain would not consent they could not take the first officer. Short- ly after this, seeing them standing on the deck, at a loss what to do, I again accosted them, and told them reckon many persoval friends, has not, upon this oc- casion, comperted with that deference which is-alike | due by them towards me in my public capacity as it is by me towards them, and that they have set at nevght the injunction conveyed in her Majesty's | exequator to receive, countenance and favorably to assist me in the exercise of my post, giving ‘and | allowing me all privileges, immunities and advan- | tages thereunto belonging, buton the contrary, either | intentionally or without design, that they have at- | tempted to impede the commerce and the traflic of | the citizens of the United States at this port on the occasion in question, I felt loth to enter into a de- tail of ail the circumstances, not wishing to make complaints against them, which I should be obliged to do in self-defence, and it was for this reason that tT concluded to write them as I did on the 4th inst., heping that their reply would be such as to prevent the necessity of my entering into said detail. While desirous of exeulj ating myself from the appearance of in proper conduct, I was equally desirous not to inculpate them. Much to my regret, their reply has not doze anything towsrds changing the nature of my pesition, and I am therefore forced to make m: statement, regurdless of any consequences whic! may attach to an investigation of their proceedings. Lis my statement accompanies this letter. 1 must a; ologize for its velume, but the imperative calls wpen ny time have been such as to deprive me of the leisure neces: vie condensation. I trust the several points I have therein set torth may be sug- gestive of the importance ofa speedy settlement | of the question of jurisdiction dayeived in | this case, and likely, upon the arrival of any | American vessel, to be again ‘mooted, and perha; in come instance or other become coupled with the ancient demand of England of the right of search and a disayowal of the doctrine of the American na- tion, that the flag covers the property and national- izes all thore who are under it. And if by what I have set forth in my statement | it should appear to your Excellency, as it does to me, that instead of being the party in the wrong’ I have | been the party wronged, it will be my right to ex- pect and ny duty as @ public officer to demand re- dress. As regards the conduct of Capt. Higgins, T have | heard Lut one opinion upon it, and that is that he | was placed ina pesition in which no one had any | right to place him, and that, under the circumstan- | ces, aby commander of so large a vessel, laden with so vulvable a cargo and carrying the mails of his government. would have felt compelled to look upon any attempt to stop his sbip as an abuse of autho- | rity, and by sanctioning which he would have failed in his obligations towards ull parties interested in his versel, her freight and cargo, as well towards | the government in whose service the ship was em- ployed. YT have the honor to be, with sentiments of the highest consideration, your Excellency’s most obedient se: vant, Jos. RopNey Croskey, U. 5. Consul. EXTRACT FROM THE STATEMENT OF CONSUL CROSKEY TO THE U. 8. M'NISTER AT LONDON, The day ofthe Hermann’s last departure from this rt for New York was fixed and advertised for ednesday, the 10th of November, immediately on the arrival of the London morning mails for that day. ina she net left on that day, the owners, who are American citizens, would bave been subjected to a heavy penalty, as is the ca-e when British mail steamers do not sail on their day. To have taken the fimt officer out of the ot at the moment of her getting under weigh would have as effectually prevented her from sailing as if the captain bad been taken out, since he is the only one who is selected with reference to his ability to navi- wete ihe ship in case of accident to the captain, whereas the other officers are merely executive. After reflecting apom the very agreeable relations I have maintained with the local authorities and the officers of the crown, for the last nine years, during which I have exercised the functious of American consul at this port and at Cowes, and daring whch long feried not a single instance hasoceurred waere- in | have‘bad the slightest difference, but on tie con- trary, have been so fortunate on all ovcusions as to kave had it in a power to act in har monious co-operation with them in causing 7 countrymen to respect the laws of this land, I cannot reconcile to my mind that it was your in- tention that the statement authorized by you to be | sent to her Majesty's government, should liuve been couched in such terms as would induce the strong animadyersions upon my apparent conduct which are to be found in Lord Malmesvury’s Ictter to the | American Miniter; and it does appear to me, gen- tlemen, that if it had been your wish that this state- | ment should be construed into a complaint on your part against my conduct, common courtesy and com- mon justice would have dictated that I should have been favored with a copy of said statement before it was cent, in order that both views of the case might have been presented at the same time. Had this been done Tehould have been able to a! as I shall show to th presentative of my government in Lon- don, that, instead of abetting the defiance of the law, Lhad counselled the v contrat 1 donbted your right of jurizdiction in the premises. Moreover, had the magistrates done me the cour- tesy to recognize me, and to have communicated with me officially in the matter, and intimated their intention of arresting the first officer of the ship, I should, as you all must be aware, from your k ledge of me, most cordially have exerted wha authority or inflnence [ po sessed to have given force to their warrant; thongh at the same time I should most respecttully, though most strenuously, have pro- tested against the proceedings, as being beyond their jurisdiction. ‘ To such protest I should have been ina great measure impelled Wy the circumstance of the mayie trates having on a former occasion, some few years since, when I applied to them for the arrest of one of Majesty's government are bound to see that British Jaw Ie aot set at deflauce by foreiguera resorting i the crew of this same steamsh!p for drankeness and On Sunday, the 7th of November, the Hermann arrived at this port from Bremen, to take in cargo, | passengers and mails, and to sail hence for New York | on the Wednesday following, say the 10th Novem- | ber. She had on board a large number of passen- gos frm Bremen, whe remain on board while the | vessel is in this port. On Tuesday morning Captain H ggins reported to me that he had be Sy rly shipped at Bremen, upon the ship's articles, to proceed thence in the ship to New York,a man named | Leopold Didat, as a waiter, supposed to be a French- man by birth; that on the preceding day, while pour- ing out some water for a passenger, be had let it fall | down his or her back, whea the first officer of the | ship snatched the tembler be hadin his hand away from him, and reprimanded bim for his carelessness; whereupon this waiter se zed the first officer by the | thicat and otherwise as-aulted him, when the oificer, in selfce‘ence, struck the waiter with the aforesaid | tunsbler, and, through the interference of the steward- ess, the waiter was mastered; that upon the case be- ing reprevented to him, snd investigated by him, he, the cavtaizy considering it a case of mutiny of a very prave character, orcered the waiter to be put in irons, and as early as possible reported the case to me to decide whether to send the «ifender to the United States for trial or to discharge him here. Consider- ing it better for the interests of the service fa which the ship was engeyed, as well as better for the man himeelf, I eoncloded that I would, before despatching the ship, discharge him. This was early on day morning, the 9th November, tle day previons to that appointed for the salling of the Hermanu. Daring the afternoon of that day I wasinformed by Captain Higgins that he had received on extraordinary visit on beard his ship, from a gentleman who represent- ed himself to be the French Vice Consul, and also a magistrate; that this gentleman stated h me on 0 to vee Captain Higgins, not in his capacity of French Consul, butin that of a magistrate, ia order to make inquiries intoa case which had been repre- sented to him, as French Consal, by some passengers on board, concerning his treatment of one of the waiters, said to be a Frenchinan; that he, the cap- the ship would be off ina few minutes, when they said they did not know how to act. I then remarked to them that I thought it a very strange proceeding on the part cf the magistrates to send them on board just as the ship was going to sail, especially siace I understood one of the magistrates had had an inter- view with the captain on the proceeding day, and had expressed himself eatisfied with what the cap- tain had said; and I moreover observed that in my epcion this was a question as to the discipline of the ship, over which I alone had any control. I treated these men courteously, aud offered them some refresh- ment, and also a passage ashore in the small steam- er; of the former I believe they partook, but the lat- ter they declined, and they went ashore in the row beat, without the first officer, when the ship immedi- ately sailed. The above is, as nearly as J can recol- lect, all that transpired on board. I cannot pledge myeelf as to the exact words used, but [ do asto their - stance, meaning and intent, being to the above efiect. Not having had any official eommunication with the magistrates on this subject, and they not havi in any manner recognized me as being either o} ly or personally concerned in the matter, I conceived my position to have been merely that of a bystander and spectator, and [ gave the affair no farther thought until the following Saturday, the 13th No- vember, when it was brought to my attention by a very highly colored publication in the two Southamp- ton weekly papers, which are publigued on that day. ‘They are appended, for the sake of reference, to the end ot this statement. 1 thus learned it was the in- tention of the magistrates to represent the case tothe government; and as I found these publications had very much distorted the fucts and had ascribed tome expressions which I did vot use, orif used were used in a very different sense to that conveyed, and had ascribed to Captain Higgins acts of which | doubted the truth, I took the first occasion to see the chief magistrate, the Mayor, and to request him that before any i Het i ioy should be made tothe govern- ment | might be permitted to correct any eirors therein. Several days having elapsed without hear- ing further cn the subject, say about the 25th No- vember, | renewed By request tothe Mayor, when he informed me the Clerk to the Justices had told him the representation had not been sent up, and he pro- mired that I should see it before it was sent. By a letter, dated the 30th November, from the American Minister, I was for the first time informed that the aid representation had been sent to the gov- ernment, and in such form as to call forth the extreme construction placed upon i her Majesty’s Secretary of State for ign Ai faire, as exhibited in bis letter to the American Min- ister, dated the 26th November, and as to force npon me the necessity, in my own defence, of calling in question the conduct of the magistrates themselves, and of my aking, asa matter of right and justice to myself, that the same be strictly investigated, with the view ef not only settl'ng the question of jurisdiction for future cases, but also in order that, if it be shown that they, or any of them, have gone beyond their authority, or have abused that authority for personal purposes, measures may be taken as will protect me in the discharge of my duties from being subjected to a repetition of like injustice. Jos. Ropyey Croskey, U. 8. Consul. Southampton, December 15, 1852. FURTHER FROM MR. CROSKY TO MR. INGERSOLL. Unirep States ConsvLare, | Sovrinampton, Dec. 22,1852. { To nis Exceniency Josrra R. INexrsouL, AME- RICAN MINISTER, LONDON. Srr—I have the honor to inform you that on the return of the Hermann, last Sunday, from New York, on her way to Bremen, I took occasion to read to Captain Hizgins a copy of the correspondence in re- lation to the unpleasant occurrence on board of his ve-rel on her last voyage Pad and I am happy to inform you that he corroborates the truth of the Matement I have made, as regards my conversation with him and the counsel I gave him, to obey and not to set at defiance the law of the laud. He further informed me that Mr. Venus, the first officer, was solivitous to bave the unfounded charges made against him by the party complaining of him thoroughly sifted and investigat: d by the magistrates, in order ‘to excnerate himrelffrom the odium at- tempted to be fixed upon him by these at present un- refuted charges. . i It is my intention, therefore, with your permission and approval, to write to or to wait upon the magis- trates, with the intimation of such the desire of Mr. Venus, and with the request or suggestion that they appoint the first day after the return of the ship from in men for the said investigation, as being the only day when Mr. Venus can be spared from the ship without detriment to her despatch; ond I purpose, at the same time, in the most respectiul manner, to pro- test against the right of the magistrates to a jurisdie- tion in the premires. Having thus had an opportunity of reviewing the correspondence in this case, I fear I may not in a sufficiently explicit manner have met the chief bur- den of thé matter so faras Tam concerned personally, aud which consists in the allegation that I had abetted the conduct of Captain Higgins in setting defiance to British law. I, therefore, would be per- mitted most emphatically to deny my having so done, and further to disclaim, in what I did do or say, as eet forth in my letters to your Excellency, in my let- ter to the Mayor and the Justices, and ‘ia ty state- ment of the case, any the slightest wish or intention to ret at nought the authority of the mayi-tracy even when I had reason to doubt upon the admission of the | magistrates theroselves, their right of jurizdiction in the premises. I have the honor to be, &., Jos. Ropnsy Croskey. MR. INGERSOLL TO MR. CROSKRY. LeGation oF THe Unrren Spates, Lonpon, 28th Dec., 1852. tain, told him, in reply, that inasmuch as be came on board aaa magistrate, be felt bound to treat hia with | te | yiolent conduct, committed on Loard of this same | courtesy, and while he emphatically denied bia right Srr—Your communications of December 22d and 27th have been received. No objections wi | occurred to me as ¥o the course proposed in your letter Of December 224, relative to the investigation by the magistracy of the case of Mr. Venus. It was not, however, an oocasion on which I supposed instruc- tions were expected from me, and having learned from you the step yon intended to take no further Somnen) camay ent seetiod nec . It seems to be proper inal te. You forward to me a coy of the proceedin, regard to the mutiny on the English steamer Melbourne. I have al- ready expressed to my reluctance to make an issve with the Brit government on the question of risdiction without ex; instructions to that effect. he department at is in possession of our views, and, if it be deemed necessary, will in- Yrnet me on the subject. In the meantime, you will perceive the im ibility of my moving it in any shape. A copy of your letter of 22d of December has been sent to the Foreign Office, accompanied with explicit observations of my own as to your freedom from the charges conveyed by the Earl of Malmes- bury in his despatch of November 29th. That is the true, and, at present, the only matter at issue. Your letter contains a protest against the jurisdiction of the British authorities. On that point I give no opinion, and I certainly can take no action respect- ing a in the absence of instructions from our govern- ment. Tam, sir, your obedient servant, (Signed,) J. R. INGERSOLL. MR. CROSKEY TO THE SOUTHAMPTON MAGISTRATES, Unrren Srates ConsuLate, Sournamrron, Dec. 29, 1852. TO HIS WORSHIP THE MAYOR, AND TO THEIR HONORS THE JUSTICES OF THE BOROUGH OF SOUTHAMPTON. GrntTLEMEN—I received yesterday a letter from Captain Higgins, of the U.S. mail steamer Hermann, dated Bremen, Dec. 23, in which he sa; “Mr, Venus, (his first officer,) would prefer, and I also, that the difficulty be investigated, so conscious are we that the paeaean could only result in his favor, and in the discomfiture of the malicious attempt to make it appear that a breach of humanit had been committed on board the Hermann, whicl is a matter of Pee individual interest to me, her commander. Tbe question as to whether the magis- trates bave a right to interfere with the internal disciplive of an American ship, when that discipline is enforced under the sanction of American law, or whether or not the commander of an American ship is justified in declining to supmit to such inter- ference, is one which I suppose will be decided by those to whem our governments have confided the settlement of such matters. With this I have nothing to do, further than the interest I would naturally be expected to feel from the fact that the point in’ dis- pute had arisen on board a vessel under my com- mand. But I do feel a sincere regard for the people of Southampton. I have met with nothing but Kindness there; and I would not like to lose for myself or my ship the good So, which I haye reason to believe those with whom we have come in contact have formed of us. The charge of in- humanity, (no, not even harshness,) can, I am con- fident, never be truthfully laid to me, nor to any of officers, With these feelings I would like, if the thing could be done without interfering with the public service, to let Mr. Venus go ashore on our ar- rival, and Le there arrested; and if the Southampton magistrates have the same food feeling as I have, they could so arrange it that the trial could come off whilst the ship is receiving her coal, and matters be settled before sailing day. By sconHng this cause much ill-feeling will be prevented, which ought never ask an in the of the magistrate who was the ate this misunderstanding, and who, I believe, was induced! y personal » to an abuse of power, a jon of the first principles of justice, and a total regard of that deference towards me which, public officer of the United States, I hada right expect, and which was his’ , a8 One Majesty’s officers, to have shown to me, I have the honor to be, &c., Jos. Ropyry (; THE RECENT ALLEGED OUTRAGE ON BOARD TRE VU, [From the Hempehire Independent, Jan, 2 ¢ Hampshire Inde) es jan. A special meeting of magistrates was held at Guildhall on Tuesday, to take into consideration letter from Lord Palmerston relative to a comp! made some time since by the magistrates to the re of State, that Captain Higgins, the master the Hermann, bad refused to allow the execution of @ warrant issued by the bench for the apprehensfon of Mr. Venus, the chief officer, on a charge of griev- ously assaulting a Frenchman on board the vessel, the ship at that time lying in the river about to sail, and that his conduct had been abetted by Mr. Cros- key, the United States consal at this ae Corres- pondence of a voluminous nature ensued upon the subject between the government officers, Inger- soll, the United States Minister, Mr. Croskey, and the magistrates; and the day after the Teturn of the vessel to Southampton Mr. Venus attended before the bench, and expressed his desire to have the eharge fully investigated; but as the complainant had left > the country, and was not present, the charge -of course dropped. On the present ovcasion the chair was taken by the late Mayor, R. Andrews, Esq., sup- porea by Messrs. K'all, Lobb, Breton, Witt, Bernard, rooks, Le Feuvre, Borrett, and Ward; and letters were read from Lord Palmerston, Mr. Ingersoll, and Mr. Crorkey, the latter gentleman spain the juris- diction of the magistrates, and denying that he had any intention of setting the authority of the an trates at defiance, but on the contrary had counselled the captain to conform to the laws of the land. Lord Palmerston’s letter desired to know what had taken place since the lust communication on the subject, and expressed a decided opinion that Mr. Croskey was Man} in di-puting the jurisdiction of the Freed trates, as it was clear and universally admitted that a merchant veesel of one country within the waters of anether was as fully liable to the laws of that: country as if the aa was high and dry on h shores. The letter of Mr. Ingersoll arged the acce tance of Mr. Croskey’s denial and explanation. Lobb considered that the great object of the maj trates had been satisfied by their jurisdiction bei ectablished, and thought they had better consid there was some tnisapprehension on the part of Mi Croskey, and settle the matter at once by receivin| his explanation. Mr. Bernard said the complaint the magistrates was against the captain of the ship, and not against Mr. Croskey, and suggested that, reply to Lord Palmerston’s ‘letter, they should state the ‘circumstances connected with Mr. Venus’ ap- | pearing before the bench on the previous week. This suggestion was unanimously adopted, and the meet- ing adjourned. Address of to exist between the people of two countries who ought never to disagree. ’ The foregoing remarks of Captain Higgins exhibit so much of good and correct feelings, and views, that 1 feel bound, in submitting them to your honorable | body, to second the proposition therein conveyed, and to suggest that on the 3d and 4th of January | next the Hermann will be in the docks, and that if | the 3d of January were appointed for the investiga- | tion, it would not interfere with the despatch of the ship. Nevertheless, it becomes my duty to reiterate my protest against your right of jurisdiction in the Premises, which I do in the most respectful manner. I have the honor to be, gentlemen, Your most obedient servant, Jos. Ropney Croskey. THE SOUTHAMPTON MAGISTRATES TO MR. CROSKEY. GuiLpuALL, Southampton, Dec. 31, 1853. Sm—The warrant against the chief officer of the steamship Mermann being still in the hands of the pelice, must, in the ordinary cause, be executed by them when the party complained against can be { taken. Notice will then be given to the complainant, (ii be can be found,) to appear and prefer any charge he may have aguiust the defendant. If he fail to do so the defendant will be discharged. Jom, sir, your obedient servant, (Signed,) Joun P, Evpriver. Clerk to the Justices. dq. R. Crorxgy Esg., U. S. Consul, &e. ME. CROSKEY 10 MR. INGERSOLL. Unsitev Srares ConsutatTe, ) SBovrnampron, Jan. 11, 1853. f To His Exceinency, Josern R. INGERSOLL, AMER- Minister, Loxvon. —On the 29th of December I had the honor to ive your Fxceilency’s ietter of the 28th of that month, in reply to mine of the 22d and 27th, concern- ng the afuir of the steamship Hermann; and having also received a very excellent letter from Captain Higgins about the same time, dated Bremen, Dec. 23a, wherein be repeated the desire of Mr. Venus to have an investigation into his conduct, I immedi- ately wrote to the Mayor and Magistrates, secondin this proposition. A copy of my letter, wherein made a ful] extract from that of ‘aptain Higgins to me, and of the Magistrates’ reply, is herewith sub- mitted. And I vow have to report that on Tuesday, the 4th of January, I accompanied Mr. Venus to the Guildball, and he there surrendered to the warrant issued against him. The French Vice Consul was then sent for, and upon its appearing that the com- | plainant was not fortheoming, or likely to be found, the case was dirmiaced. I have the honor to be, with sentiments of the highest regard, your Excellency’s most obedient ser- vant. Jos. Ropvey Croskey. MR. INGERSOLL TO MR. CROSKEY. Lecarion or THE Unitep Sraras, Lonpon, Jan. 18, 1853. Sin—I am directed by his Excellency, Mr. Ingersoll, to acknowledge the receipt of your letter of the lith inst., in which i dequaint Mr. Ingersoll with the circumstances of the surrender of Mr. Veuus, the first mate of the steamship Hermann, to the warrant is- sved by the magistrates of Southampton for his ap- prelension on a charge of assault on one of the crew of that vessel, and with the dismissal of the case on account of the non appearance of the complainant. With reference to this case and the complaint made | against you in connection with it, his Excellency de- fires m6 to communicate to you the substance of a despatch, under date of the 31st of Deceimber, 1852, | ip reply to his reference of the matter to the Secretary of State at Washington, to the effect that your expla- nations are not regarded as sati-factory; that it did not appear why you should need some days to make a proper explanation and reply; and that having had the advantage of a personal interview with the 3 ter, an oral account of the matter could have been iven to him on the spot which would have enabled fim to form asafe opinion of the case. But that instead of duing this, you hed written the Minister several private letters, which did not contain anything definitive, aud in the last had requested him not to wait for the conclusion of your essays on the subject, | but place what you bad already written before the Secretary of Stute—that the Department of State, in the aspect of the case at date, regarded it as far more felious then you seem to have considered it— and that if you had not already done so, you were to be directed without delay to furnish his Excellency, for the information of the President, with a full ac- count of the case, and of your connection with it— that if the facts were correctly stated, the conduct of the mate of the Hermann toward the steward not enly justified, but required the interference of the authoritier— and that if, when the officers boarded the thip, sbe was within the local jurisdiction of England, all attempt to resist them was unlawful, and would form a just matter of complaint on the part of the British government. 1 beg leave to add that copies of your letters, &c., up to the 22d of December, were transmitted to the Secretary of State ou the 3lst of that month, and that copies of all those of subsequent dates will be transmitted to him by the steamer of Saturday next. Lam, sir, your obedient servant, Henry Croncnay, EXTRACT OF A LETTER FROM MR. CROSKEY TO UR, INGERSOLL. JANUARY 22. 1853. As to the affair of the Hermanm and her first officer, [ have to express my sincere regret that at any stage of the proceedings my conduct had not met with the full approbation of the Honorable the fecretary of State at Washington ; but I am con- roled by the reflection that he was unaware of my having made the oral explanation to your Excellen- cy, upon the supposed omission of which his disap- proval seems chiefly to have been based ; that the explavation in writing was delayed for reasons of which he will doubtless approve when the whole corvespondence is placed before him; and that the affuir appears to have terminated, so far as the ma- gistrates here fecl an interest therein, as will be seen by the accompanying extract from the Hampshire Indcpncent of the 16th inst., in a manner satisfac tery to them, and without eliciting, but, on the contrary, disclaiming, any censure or eomplaint against my conduct. The question of jurisdiction in this case seems cleorly to be given against me by both govern- ments. 1 we ety eens bd ee ee ring on this point by the ma, 8 themsel , a fed None covaig, expressed a doubt of their right to adjadicate. Its settlement is a matter for congra- tulation, as is the settlement of ev disputed or Among the public papers we have received we find a very flattering address from the citizens of the city of Leon, (Nicaragua,) to Mr. George Squier. We give the following trauslation of it :— 4 Lron, March 27, 1853. Welcome, Mr. E. George Squier, our good friend, and the very generous and ardent friend of Nicara- gua; zealous and indefatigable defender of the rights of this country, of your friends, who owe ta , iy thanks ia proportion as your virtuous efforts in * ehalf of the most vital interests of Central America, | and especially of Nicaragua, have been great and. disinterested. Your happy arrival causes us the most lively plea- sure, and we desire that you may be happy and con+ tent among us. In your person we propose also to present to the government and people of the United States a de- ee like this, of sincere appreciation and friendship. As you are entitled to the sympathies and acknow-- ledgment of all Nicaraguans, we, in the name of~ them all, and especially in the name of those of this city, who love you so much, have the honor to pre- sent to you this pledge of our affections. Be pleased: to accept it from your friends and servants. FS (Here follow the names of some 130 citizens.) Corone:s’ Inquests. = TWO MORE DEATHS, CAUSED BY THE LATE STORM, IN FORTY-THIRD STREET, Coroner Gamble yesterday held inquests on the bodies of Charles Flynn, aged 29 years, and Joha, Creig, aged 48 years, natives of Ireland: died at his residence in Forty-fourth street, and the latter at the New York Hospital, in consequence of injuries received hy the falling of bui'dings in Forty. third strect, caused by the storm of wind on Friday last. The jury rendeied a verdict of ‘ Death caused by the falling’ of buildings in Forty-third street on Friday Ja KILLED BY A FALL FROM A BUILDING. On Saturday afternoon a boy, named Jarvis Sin- clair, aged seven years, fell from the top of a six story building, in the Sixth avenue, to the lower floor, breaking bis arm and thizh, also cansing a fatat bodily injury. The poor child was picked up insen- sible, and conveyed to the residence of his. parents, No. 87 Sixth avenue, where he died in two hours after. The Coroner held an inquest, and a verdict was rendered of accidental death by falling from a six story building. ACCIDENTAL PROWNING—DANGEROUS SPORT. On Saturday afternoon a boy, eleven years of ager vamed Edward Kittle, whose nts reside at No. 402 Sixth avenue, came to his death by drowning im the North river, foot of Twenty-first street, under the oun ag aren lapped tatoo with other , were bathing, and was the artofaivige, fram ofthe dock, and at the last dive his campanions thought ke remained a hong. time under water, and began to search for him, found that he bad thrust his head into the mud, some fitteen feet under water, where he remained stack, upable to exiricate himself until pulled up by hia friends, and was then found to bedead. The Corone: held an inquest on the body, and a verdict was rendered of death by drowning. Har Sroru av Norraumper.anp—Dasrrvc- TION OF CRoPS.—N ORTHUMBERLAND, Pa., July 1.—A most terrific hail storm passed over this place, front the west, about three o’clock this afternoon, extend- ing some five miles in width. Nearly every farmer has lost almost bis eutire harvest. Fruits of all kinds have suffered much. Several thousand panes of win- dow glass have been broken in this place. In some buildings as many as two hundred lights are brokeh. Some of the ha'lstones measured 7 inches in circum-> ference. ‘There is no estimating the extent of the damage. M. A. Rapps’ loss will exceed $1,000. wevL.—J. J. L. Herlich has been re- cognized by the President as Consul of Sweden and Norway for the port of San Francisco. eo ‘Weekly Report of Deaths, In the eity and county of New York, from the 25th day of June to the 2d day of July, 1853. Men, 76; women, 57; bys, 139; girls, 133 —Total, 405, DISEASDS. Hooping cough Toanitior Toflamt Teflammation of brain, Inflammation of bo Toflammation of kide; Inflammation of lung Inflammation of stomach, Inflammation of voub. Tuflammation of liver. Toflammation of reetum Intomparanee ... Lues venerea Muformation., Marasmas Measled....... Mortifestion of the lungs Abscess, Ab: ce: ” Sanoasee sen Burned or sea! Brenchitis... C Cholera Infantum Cholers mor bas Consumption. as Re DP ses Congestion of brain, Congestion of lungs. Cyavoria ... Caleulns biliang Debility ... Deliriuin Tremens Diarrhoea, Props as Dropey inthe hea Dropey in the chest, Drowned Dy sentery Enlargement of heart. Fever, Fever interm! Fever puerper Fever remitte Fever searh Ot rere er Se oy L L Boorrecas’ Parturition diffical Rupture » tet om miosis on 3 Fi Betiovue, 11; Penitentiary, Intend, donbtful point; but settled as this point has been, it strikes me that much difficulty may at times arise, which ean only be avoided by means of a consular convention between the two nations, giving, in cases of like character to this, a joint concurrent ja 2; Amal Pox, Blackwell’s Island, 1; Lanstio Aay- 6; City Pelwon, i Hor jum, Blackwell's Inland, 2; City Hospital me, 25 ly LR ahaa Island, 2; colored » 6. Interments returned from Ward's Istand, 9. THOMA? K. DOWNING, Ory Inspector. City Inapestor’s Ofte, July 2,