The New York Herald Newspaper, July 5, 1853, Page 2

INTERNATIONAL LAW. Bmportant Question of Jurisdiction over United States Vessels in Bnglish Ports. ‘The Case of the Hermann and the South- ampton Authorities. Gerrespondence between Lords Halmesbury and Palmerston, Mr. Ingersoll, Mr. Groskhey and others on the Sabject, &e.. &e, &e. Some of our readers may be aware of the fact that in the month of November, 1852, while the United States mail steamer was lying in the roads off South- ampton, prepsratery 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 charge of violently assaulting one of the crew, a Frenchman, while the ship was in port. The captairt | of the Hermann refused to permit the warrant to be | executed; and the officers were accordingly compel- led 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 car respondence between the English Secretary of State | and Minister of Foreign Affairs, the United States Misister at London, and the Uaited States Consal at Southampton, the most important and interesting portion of which we are now enabled to lay before our readers. The first communication is from the Clerk of the Justices at Southampton to the British Secretary of State, informing him of the circumstances of the ease. it reads as follows:— MR. ELDRIDGE TO LORD PALMERSTON. GuiLpHALt, Southampton, Noy. 13, 1852. Sm—I am directed by the Mayor and Magistrates of this borough aud county to bring under your no tice the following facts:-—At the petty sessioas of the Justices of the Peace holden on Wedaesday last, application was made to them, through the medium of ibe 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- sault committed on him by the chief mate of that ship, while lying in the Southampton 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 fora glass of cold water, which he pro- ceeded to get, and another passenger, who was holdig an animated conversation with somebody at the table, caused him, during his gesticulations, to spill a few drops of wafer on his back, upon which complainant begged his pardon, and while *peaking to him the chief mate of the ship snatched the glass from the complainant's hand and struck him with it in the face, with such force that i 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 officer to hear him that he might explain the cause of bis apparent carelessness, but he only redoubled his blows with the [broken part of the glass, and struck him with it on head, so that his face and head were co- vered with blood. Lesmg then his patience, com- lainy ut seized the mate with his hands, and pushed im awey violently from him. The mate, seciug 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 barbarit: tearing his shirt and waistcoat to picces, and in the strugzle complainant’s purse was taken, in which ‘was ali bis money. This was not all, for during the wight, while chained, and not being able to make any resistance, the mate in questi came to torture bim with a pair of scissors, which he repeatediy | struck him with in the forehead; ani not being able te defend himself, complainant was forced to cry out for help, upon which the mate left him. Upon this statement avd informetion being laid by the com- plamant, a warrant was issued by the Jastices 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 tue stream, about three miles down the river, preparatory to starting, at two o'clock, for New York. The warrant was imme- diately placed in the hauds of the police officers, who, accompanied by the complainant, proceeded to the vessel. On going alongside, some officers of the ship irom the gangway called out that the officers were to be allowed to come on board, but not that man, meaning the complainant. Accordingly the police officers weut on board, and ene offic 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 | t was Mr. Venus, that being the name Bee by the complainant of the party who had assaulted him. ‘The mate said “yes.” The police officer then told him he had a warraat from the magistrate, which he showed Lim, to take him before them for an assault upon the party named in the warrant. The mate said he would go directly the captain came on board: it was impossible he could go before; he was left in charge of the ship, and be had no one else to place Shere. Upon that the police officer waited until the | captain came on board, in about twenty minutes. The police officer, seeing the captain comé on board, the American Consul, Mr. Croskey, and tue gern went up to the captain and asked him if was the captain of the ship. He replied he was. The police officer thea told the captain Le had a war- vant from the magistrates at Southampton to appre- hend the chief mute, Mr. Venus. The captain im- mediately replied—‘‘I won't give him up; I won't allow gon to take him out of the ship;” at the same time the police officer showed the captain the war- rant. He read it, and then the Amerigan Consul , waid, “Let me look at it;” upon which the police of- ficer handed it to Mr. Croskey, who also read it, and gave it to the officer azain. The police officer then said to the consul, “You see, sir, I must take this man.” The Consul said, “You cannot.” The police Officer said, “You see, sir, Ihave got this warrant, sre by the magistrate, and must take the man.” Consul then said, ‘I have got all the control on board 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 man, tie police officer went to the captain again, and asked hii if it was his determination 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 dune yester- day? The French Consul had been on board the pe A and was satisfied with the man being sent on whore, and this was an after consideration of the French Consul’s to detain his ship just as he was on the point of starting; 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 navi- ate the ship, and le should forfeit bis insurance.” 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 polics should have him, or he would take him on shore himself; bat he had | not, for this fellow, (meaning the complainant,) was | a mutineer, and he could have him taken ashore, and tried him at Southampton, and he would | have been sent to Botany Pay.’ The police officer | ‘then said to the captain, ‘You don’t intend then, to | Jet us have the man.” The captain said,“ No; I do | not.” The police officers replied, ‘There will be no- thing done to it; to which the captain said, “The | governments raust settle it, for he could not stop his | ship.” The officers then left the captain, and search- | ed about the ship ae long as they could, as the vessel was about to siart, and not finding the man, they were obliged to leave without being able to take . The warrant of the Justices having been thus set at nought, they think it right to sabm't the cir cumstances to your consideration, in order that some fatisfaction or explanation may be obtuined in the | matter, and the more particularly as the American Coven! was on board, and sanctioned the proceed ings of the captain. coming & this port. ‘orggn ships are continually nd as similar cases may fre- quentiy occur, the Justices feel that some explana jon is required in the present case, in order that their authority may be properly supported. I have, &e., (Signed) Joun 8. Evonipor, ‘kc to the Justices. The Right Honorable the Secretary of State. BORD MALMESBURY TO THE U. & MINISTER, Portion Orrice, Nov, 29, 1852. S1n —J have the honor of forwarding to you here- with a eopy 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 apprebension of the mate of the American steamship Hermann | had been set at nought by the master of the ship, | who had refased to give up the mate, and whose | conduct was abetted by the United States Consul, Mr. Croskey. T feel it ray duty to request that you will have the joodness to make aneimmediate inquiry into the | been done I should have heen able to show, as I shall this country, and to expect that foreign consuls shall set an example to their countrymen of the ne- cessity of obedience to that law.. - T have the honorto be. with the highest cons\lera- ation, sir, your most obedient, humble servant, Maupspury. J. R. Ingersoll, Esq. THE U. 8. MINISTER TO THE U. 8. CONSUL AT SOUTHAMPTON. Leeation oF THE Unirep Srares, 45 PortLanp Prace, Nov. 30, 1852. Sm—I received last evening a note from the Earl of Malmesbury, with a copy of a letter which had been addressed to the Sec: forthe Home De- ent by the Clerk to the Justices of Southamp- , Stating that “ a warrant issued by them, for the apprehension of the mate of the American steamship lermapn, had been set at ap by the master of the ship, who had refused to give up the mate, aud whose conduct was abetted by the United States Consul , Mr. Croskey.”” I am requested’ by the Foreign Secretary “ to make an immediate qairy into the condact of the United States Consul, w! 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 care 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 @elay, when the papers will be placed in | your hands, with a view to such explanation as may meet the case. I will, in the meautime, inform the Foreign Secretary that | have taken this step. I have the honor to be, sir, your obedient servant, J. Re INGERSOLL, JR. Cronker, Consul, Southampton. MR. CROSKEY 0 MR. INGERSOLL. Unitep Srares Consvnate, | Sovrnampron, Dec. 4, 1552. { TO WIS EXCELLENCY JOSEPH K. INGERSOLL, AMERI- CAN MINISTER, LONDON. Sm—lI have the honor c inform yon that, in ac- cordance with the intention intimated in my letter to your Excellency of the 2d instant, I have thie day addressed a letter to the Mayor and to the Justices of this borough, in relation to the representations of the ease of the United States mail eunahe Hermann, nade 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. And I herewith submit to your attentive considera- tion a copy of my letter to the aforesaid honorable bedy, and also a copy of a letter [ have this day re ceived in immediate and partial reply, from bis Worship, the Mayor himself, wherein he distinctly asserts that these representations were made without his knowledge or concurrence. I 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 | coin cide 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 megistrates, as a body, have but two alterna- tives—the one is to disavow any intention of a com- plaint against me, on account of the high opinion they have formed of my 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- ments, and by adopting the most extreme measures, yithout giv ing me sn opportunity of pelng heard; and this will lay them open to the unenviable charge of having 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- grieved party, and have a right to demand an inves- tigation 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 great 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, J 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 cave, I have thought it not irrelevant to subjoin to this letter an extract from the general instructions to consuls furnished by my government, | es to the duties of consuls with reference to offences | committed on board of American veseels, 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, Ihave the henor to be, &e., Jos. Roprry Croskry. EXTRACT FROM THE UNITED STA | Art. 35. Where piracy, mu | sgainst the laws of the Unit tes, 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 ‘Lorities fer means of securing the offenders while | RHAL ONSULS. y, or any other offence sending them without delay to the United States for trial, &e. &e. ME. CROSKFY TO THE SOUTHAMPTON Unirep Srates Ce | Sovrnampron, Dec. 4, 1 j | To rae Worsnirrv, THE Mayor or Sourame- | TON, AND TO THEIR Hoxors THE JUSTICES OF | | AGISTRATES. AT tHE Bonovengann Covnry. GENTLEMEN. Thave the honor to submit to your consideration the accompanying copies of correspon- dence in relation to the oacurrence which took | place when the United States mail steamer Hermann | was last at this port, which correspondence consists | INSTRUCTIONS TO | | y to the local au: | 5, y remain in port, and to provide the means of | | must apolo; foreign vessels, yun ite being shown that he had commit- {ed the’ same offence on shore; and in thus , I should also have made a point that this was employed in the roo service of the United States, commanded y an officer holding a commission 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 natitcal vessels everywhere. In order to illus the position I have advanced as to the question of jurisdiction, let us suppose that the first officer of this ship had committed the of- fence with which be has been charged with so 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, or afterwards met in the United States, the complani- ant could again have proceeded against him for the same offence, as having been committed on board of an American ship, and commute within the jurisdiction of the courts of the United States; and it is very questionable if the accused could successfully plead’ ts former trial in England, so that the conse- quences would be that he would be tried and punish- cd twice for the same offence, which is alike opposed to the spirit of the British as it is to that of the American constitution. Be thatas it may be, there can be no donbt that this isa question of immense importance to the two nations who are, and ever likely to continue to be, the ocean mail carriers of the world; and it isto be hoped that ite 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 mail steamer, the captain or chief officer can be ar- rested and taken out of the ship, upon a charge made by some one of the crew for alleged maltreat- ment, the mail service of both countries would be at the mercy of the most reckless and profligate class of men, or of some 1 jous and revengeful vagabond. In the manuer I have here +etforth, and by means of my protest, this important question would have ccme before the two governments as a pure matter of interesting discussion, and untrammelled with any vexatious considerations or unpleasant reflections; but now, before it can claim their calm and earnest attention, it becomes necessary to divest it of that in- dividuality with which it has become embarrassed, through 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 ‘ish, upon your honorable body may take such measures to re- move these impressions, (which I flatter myself you will concur with me in calling erroneous.) as zy be justified by the circumstances of the case, and by your experience of my past connection with your- selves, and with the inhabitants of this town, that t bave heen induced to trouble you at such length. Lave the bonor to be, &c. Jos. Ropney Croskry. Unrrep Srares Consvate, Sournampron, Dee. 15, 1 SLLENCY Jeseru R. INGERSOLL, AME! NISTER, LONDON. Sin—Herewith I have the honor to transmit a copy of the reply I have received to my letter of the | 4th 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- Pe ctations and hopes, the magistrates have steered etween 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 I 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 goverpment and people of the United States, but also with that of ber Majesty’s Secretary of State, and knowing as I do know that the conduct of the magistrates, amongst whom I have the happiness to reckon many personal friends, has not, upon this oc- 1p, compcrted with that deference which is alike ¢ by them towards me in my public capacity as it is by me towards them, and that they have set at novght 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 aad advan- tages thereunto belonging, bnton the contrary, either | intentionally or without design, that they have at- tempted to impede the commerce and the traffic 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 ¢ complaints against them, which I should be obliged to Go in self-defence, and it was for this reason that 4 to write them as I did on fhe 4th inst., their reply would be such as to prevent ssity of my entering into said detail. While ‘ous of exeu)y Bung improper conduct, inevljatethem. Much to my regret, their reply has rot done anything towards changing the nature of position, and { am therefore forced to make my ent, regardless of any consequences whic ch to av investigation of their proceediaga. atcment accompanies this letter. 1 efor its volume, but the imperative calls upon my tine have been such as to deprive me of u e leisure necessary for condensation. I trast the several points I bave therein set torth may be sug- gestive of the importance of a speedy rettlement of the question of jurisdiction layelved in this cuse, and likely, upon the arrival of any American vessel, to bo again mooted, an Eee in eome instance or other become coupled with the Thay at ‘This my st | ancient demerd of England of the right of search end a disavowal of the doetrine of the American na- | of a letter from the clerk of your honorable body to | her Mujesty’s Secretary of State for the Home De- partment, letter from her as ier Se-retary of State for Foreign Affairs to his Excellency ‘the American Minister, and of a letter from the Ameri- can Minister to myself. You will perceive by these let‘ers that I am called upon to explain away, the imputation 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 tkese papers were placed in my hands by the American Minister | experienced great surprise and mortification; surprise at having hi a complaint made against me upon exparte statements, when | had, immediately upon hearing it was your intention to sepresent the case to the government, made a request to your chief, the Mayor, that before it was represented I ehould be permitted to see the statement, in order that if it did not comport with my knowledge of the facts, I might have an opportunity of correcting any error, or else of making my own comments upon the case; and the Mayor, admitting the propriety of my request, promised compliance, and at the same time observed that the sole object of the magistracy was to have the doubtful question of jurisdiction involved in this case effectually set at rest; and mortification, to find impu’ed to mea line | of conduct so opposed w my principles,and so repug- nant to the ideas I entertain ot my duties as a publis cficer. Being well convinced that occasions might arise whorein, ia discharge of my official duties, I might have to seek for the aid and Interference of the local authorities, it bas been ey, constant study, not only to avoid any contention with them, but, on the eontrary, to maintain and cultivate the most (riendly | understanding; and it would have beeu the height of absurdity for me to desire to set the law at defiance in my official capacity, when in that capacity I might be compelied the next moment to call that same law to my assistance. After reflecting apom the very agreeable relations | 1 have maintained with the local authorities and the officers of the crown, for the last nine years, during which I have exercised the functions ‘of American consal at this port and at Cowes, and during which | long period not a single instance hasoccurred where- | in J bave had the slightest difference, but on the con- | trary, have been so fortunate on all occasions as to have had it in nd power to act in har- | monious cooperation with them in eausing m: countrymen to respect the laws of this land, | 1 cannot reconcile to my tind that it was your in- | tention that the statement authorized py you to be sent to her Majesty's government, sould have been couched in such terms as would induce the stron, anituadversions upon my apparent conduct whici are to be found in Lord Malmesbary’s letter to the American Minister; and it does appear tlemen, that if it had been your wish ment should be construed into a complaiat on your part against my conduct, common courtesy and com- non justice would bave dictated that I should have Leen favored with a copy of said statement before it was sent, in order that both views of the case might have Leen presented at the same time. Had this show to the representative of my government in Lon- don, that, instead of abetting the defiance of the law, I had counselled the very contrary, even while 1 doubted your right of jarisdiction in the premises, Moreover, bad the magistrates done me the eour- 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 mnst be aware, from your know- ledge of me, most cordially have exerted whatever authority or influence I peewee to have wiven force | to their warrant; though at the same time I should most respectfully, though most strennously, have pro- conduct of the United States Consul, whose pro- evedings appear, on the face of the statement, to have such as to require the strictest investiga- | tion, with a view to further measures in case the should be found to have been correctly represented. Yon will, | doubt not, coneur with me, that her Majesty's government are bound to wee that Britih Jaw ie Hot vet at defiance by foreigners resorting to n. To such protest I should have been ina great measnre impelled by the circumstance of the magis- trates having on a former occasion, some few years tested oa the proceedings, as being beyond their juriedict since, when I applied to them for the arrest of one of the crew of this same steamsb!p for drankeness and violent conduct, committed on board of thie same tion, that the flag covers the property and national- izes all those 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 my duty as a public officer to demand re- dress. myself from the appearance | was equally desirous not to | | pmstances, not wishing to make | | beat, without the firet officer, when the ship immedi- As regards the conduct of Capt. Higgins, I have | lead but one epinion upon it, and that is that he was placed in a pesition in which no one had any right to place him, and that, under the circumstan- ces, any commander of so large a vessel, laden with ro valuable a cargo.and carrying the mails of his government. would have felt compelled to look any attempt to stop his ship as an abuse of autho- rity, and by sanctioning which he would have failed in his cbligations towards all parties interested in his vessel, her freight and cargo, as well towards the government in whose service the ship was em- ployed. : ? have the honor to be, with sentiments of the highest consideration, your Exvellency’s most obedient eervant, Jos. Ropyry Croskey, U. 8. Consul. EXTRACT FROM THE STATEMENT OF CONSUL CROSKEY TO THE C. MINISTER AT LONDON. The day of the Hermann’s last departure from this yes for New York was fixed and advertised for Pda , the 10th of November, immediately on the arrivi day. fina she not left on that day, the owners, who are American citizens, would have been subjected to a heavy penalty, as is the case when British muil fteamers do not rail on their day. To have taken the first officer out of the rele the moment of her getting under weigh would have as effectually prevented her from sailing as if the captain had been taken out, since he is the only one who is selected with reference to his ability to navi- gate the ship in case of accident to the captain, whereas the other officers are merely executive. 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- gers from Bremen, who remain on board while the veesel isin this port. On Tuesday morning Captain Higgins reported to me that he had regularly shipped at Bremen, upon the ship’s articles, to proceed thence in the ship to New York,a man nam Leopold Didat, ae a waiter, supposed to be a French- man by birth; that on the preceding day, while pour- ing out some water for a passenger, he had let it fall down his or her back, when the first officer of the ship snatched the tumbler he had in his hand away from him, and reprimanded him for his carelessness; whereupon this waiter seized the first officer by the of the London morning mails for that | throat and otherwise assaulted him, when the officer, in self-de"ence, struck the waiter with the aforesaid tumbler, and, through the interference of the steward- eva, the waiter was mastered; that upon the case be ing represented to him, and investigated by him, he, the captaia, considering it @ case of mutiny of a very grave character, erdered the waiter to be put in irons, and ly as possible reported the case to me to decide whether to send the ider to the United States for trial or to discharge hima here. Consider- ing it better for the interests of the service fa which the ship was engaged, as well as better for the man himeelf, I concluded that I would, before deepatching the ship, discharge him. This was early on Tuesday morning, the 9th November, the day previone to that appointed for the sailing of the Hermann. During afternoon of that day I wasinformed by Captain Higgins that he had received an extraordinary visit on board his hip, from a Log who represent- ed himself to be the French Vice Consul, and also « magistrate; that this hoard to see Captain Higgins, not in his capacity of French Consul, bution that of a magistrate, in order to meke inquiries intoa case which had wen repre- sented to him, as French Consul, by some passengers on board, concerning bia treatment of one of the waiters, eaid to be a Frenchman; that he, the caj- tain, told in, in reply, that inasmuch as he came on board aga nutgistrate, he felt bound to treat him with courtesy, and Whdie he emphatically denied his right entleman stated ie came on | ‘ | the premires. on | to the delivery of the mails, in secing to the settle- | I then remarked to them that if the captain would not | jurisdiction for future cases, but also in order that, led by United States, to inflict the he had viz: the 1g him in irons, but that he had re. led the matter to his Consul, who had decided that e would disch: him before the sailing of the ship; that the: this gentleman said that, as it was in- tended to discharge the man, he, the magistrate, was perfectly satiefied, or words to that effect. The next morning, the day of railing, the ship left the docks at 9 o'clock, and anchored in the stream, some three miles from the t wn. At 2 o'clock, P.M. of that day, the mails having been put on board a small steamer in the docks, I accom, ied the captain to the custom honee, to clear the ship, and thence to proceed with him on board the Hermann, to atteud to the delivery of the mails, aud toconsummate the diecharge orshipment of any of bercrew. 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, and we were given to understand that it was on account of this charge that the magistrates had requested the Collector to stop the ship. The Col- lector of course told them he had not the power to refuse clemance to the ship on any such ground. We then proceeded on board the Hermann by the smal) steamer, which took us nearly half an hour, during which time the captain and myself earnestly directed our conversation to what had been commu- nicated to us by the Collector. The ship was all ready for sen—the weather thick and hazy, and it would be 3 o'clock before they could get under 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 considerable annoyance at this proceediug, and that he should feel disposed at ary hazard not to permit the ship to be detained. He expressed to me Tis doubt as to the right of the magistrates to act in this manner, and at one time his determination net to allow the chief officer to be taken from the ship, even if the policemen should actually have him in custedy. I related to him the case referred to in my letter to the Justices before mentioned, of the mugistretes themselves 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 bea matter of great regret to me if any issue were created that would place me at variance with the magictracy. I counselled obe- dience to the law, not its violation. On arriving alongtide there were no policemen to be seen, but the first officer was on the guard, and not knowing, and having no means to kuow, whether he had been arrested or net, and not having any official intima- tion of bis 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 him. On going board my time was busily occupied in attending ment of some ship's accounts, and in discharging | and shipping crew ; and while on board, and not till then, I discharged the said waiter by striking his name from theship’s articles. In halt an hour af terwards the ship sailed, and I bad therefore very | little time to devote to the two policemen, whom | found on the quarter deck when I 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 arrested the first officer, who was the person de- signated in the warrant, and toy said they had done so. They then complained of his not surrendering himrelt, as he had promised to go onshore with them on the return of the captain, if the captain consented. consent they could not take the tirst officer. Short- ly after this, seeing them standing on the deck, at a loss what to do, I again accosted them, and told them the ship would be off in afew 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 of 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 satisfied with what the cap- tain bad said ; and 1 moreover observed that in my | oie this was a question as to the discipline of the | ship, over which I alone had any control. I treated | these men courteously, and offered them some refresh- | ment, and also a passage ashore in the small steam- er; ci the former I believe they partook, but the lat- ter they Cechined, and they went ashore in the row ately sailed. ‘be above is, as pearly as I can recol- lect, ail that transpired on board. 1 cannot pledge miyrelf as to the exact words used, but [ do as to their etc, meaning and intent, being to the above effect. Not having had any official communication with the magistrates on this subject, ard they not having in any manner recognized me as being either oft ly or personally concerned in the matter, I conceived iy position to have been ly that of a bystander ard spectator, and I gave the afixir no further thought until the fll wng 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 publighed on that day. They are appended, for the sake of reference, to the end of this statement. J thus learned it was the in- tention of the magistrates to represent the case tothe goverpment; and as I found these publications had very much distorted the facts and had ascribed to me expressions which I did not use, or if used were used in a very different sense to that conveyed, and had ascribed to Captain Higgins acts of which I doubted the truth, I took the first oceasion to see the chief magistrate, the Mayor, and to request him that betore any ikon sen should be made to the govern- ment I might be permitted to correct any errors therein. Several days having elapsed without hear- ing further on the subject, say about the 25th No- vember, I renewed my request to the Mayor, when he informed me the Clerk to the Justices had told him | the representation had not been sent up, and he pro- mised that I shonld see it before it was sent. By a letter, dated the 30th November, from the American Minister, | was for the first time informed that the said representation had been sent to the gov- ernment, and in such form as to call forth the extreme constraction placed upon it by her Majesty’s Secretary of State for Foreign At- fairs, as exhibited in his letter to the American Min- ister, dated the 29th November, and as to force upon me the necessity, in my own defence, of calling in quertion the conduct of the magistrates themselves, and of my asking, 98a matter of right and justice to myself, that the same be strictly investigated, with the view of not only settl'ng the question of 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 a3 will protect me in the discharge of my duties from being subjected to a repetition of like injustice. Jos. Ropyey C Southanipton, December 15, 1852. FURTHER FROM MR. CROSKY TO MR. INGERSOLL. Unitsp States Consutars, | Sovrnampron, Dec. 22,1852. 5 To nis Excentency Josera R. INGERSOLL, AME- RICAN MINISTER, LONDON. Sm—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 Higgins a copy of the correspoudence in re- lation to the unpleasant occarrenee on board of his ye el on her ast voyage hence; and I am happy to inferm you that he corroborates the truth of the statement 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, wae solicitous to have the unfounded charges made against him by the party complaining of him thoroughly sifted and investigated by the magistrates, in erder to exonerate himeelf from the odium at- tempted to be fixed upon him by these at present un- refuted charges. Jt 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. Venns, and with the request or suggestion that they sppeint the firet day after the return of the ship fr Bremen for the said investigation, as being the only day when Mr. Venas can be spared from the ship without detriment to her despatch; and I purpose, at the same time, in the most respectful manner, to test against the right of the magistrates to a jurisdic. tion in the premises, Having thus had an opportunity of reviewing the correspondence in this case, 1 fear I may not in a sufficiently explicit manner have met the chief hur- den of the matter so far as Tam concerned personally, and which consists in the allegation that 1 hal abetted the conduct of Captain Higgins in setting defiance to British law. 1, 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 set forth in my letters to your Excellency, in my let- ter to the Mayor and the’ Justices, and ‘in my state- ment of the case, any the slightest wish or intention to set at nought the authority of the magistracy even when J had reason to doubt upon the admission of the magistrates themselves, their right of jurisdiction in J have the honor to be, & Jos. Roprey Cnoskey, Cvs ME. INO ERBO! Leoaty L TO MR. CROSKEY. N oF THE Untrep Srares, } Lowpon, 28th Dec., 1852. ( Sin—Youf communications of December 22d and 27th have beep received. No objections whatever occurred to me a8 to the course proposed in your letter of December 224, relative to the investigation risdiction to the local mi and to the consul’ by the magistracy of the of Mr. Venus. It was | of the nation to which the v: elon; ot, however, an occasion on whieh ry instrac- | _ I still otente the hope that the department at tions were expected from me, and having learned | Washington deem it proper, asa matter of jus- from you the step you intended to take no further | tice to me, an in’ tion into the conduct comment on my part seemed necessary. It seems to | of the magistrate who was cause of this seriou ‘be oper pall . You forward to me a copy | misunderstanding, and who, I believe, was induced . the proceedings in regard to the mutiny on board | by hostility, to an abuse of power, a viola the English as meaner Melbouras, a baie al- | tion ef ie ys pencils of Jeatice, and 18 total ais regar & ney fie Britis! Sate the ‘of public officer of the United States, I hada right to i Seapaed of jerisdiction without express instructions to that effect. The department at Washington is in possession of your views, and, if it be decmed n » will in- Sane me fe the mh a the POAT EBS, YR will reeive the ibility of my cow: any A e. A copy et your letter of 22d of December has been gent to the Foreign Office, accompanied with explicit observations of my own as to your freedom from the charges conveyed by the Farl of Malmes- bury in his despatch of November 20th. 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 it in the absence of instructions from our govern- ment. I am, sir, your obedient servant, (Bigned,) J, R. INGERSOLL. MR. CROSKEY TO THE SOUTHAMPTON MAGISTRATES. Unrrep Srates ConsuLaTE,} Sournampron, Dec. 29, 1852. § TO HIS WORSHIP THE MAYOR, AND TO THEIR HONORS THE JUSTICES OF THE BOROUGH OF SOUTHAMPTON. GrnrLeMeN—I received yesterday a letter from Captain Higgins, of the U. 5. mail steamer Hermann, dated Bremen, Dec. 23, in which he says :— “Mr. Venue, (his first officer,) would prefer, and I also, that the difliculty be investigated, so conscious are we that the investigation could only result in his favor, aud in the discomfiture of the malicious attempt to make it appear that a breach of humanit; had been committed on board the Hermann, whic is a matter of personal individual interest to me, her commander. ‘The question as to whether the magis- trates have a right to interfere with the internal discipline of an Armerican 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 submit to such inter- ference, is one which I suppose will be decided by these to whom our governments have contided the settlement of such matters. With this | 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 ariven on board a vessel under my com- mand. But I do feel a sincere reyard for the people of Southampton. I bave met with nothing but kindness there: and I would not like to lose for | mycelf or my ship the good opinion which I have reason to believe those with whom we have come in contact have formed of us. The chargé of in- humanity, (10, not even harshness ) can, I am con- fident, never be truthfully laid to me, nor to any of my 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- rivel, and be there arrested; and if the Southampton magirtrates have the same good 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 suiling day. By adopting this cause | much ill-feeling will be prevented, which ought never | to exist between the people of two countries who orate never to dieagree. the foregoing remarks of Captain Higgins exhibit so much of good and correct feelings, and views, that 1 feel bound, in submitt'ng them to your honorable body, to second the proposition therein conveyed, and to suggest that on the Sd 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. RopNkY CROskEY. THE SOUTHAMPTON MAGISTRATES 10 MR. CROSKEY. GuitpHAaLL, Southampton, Dec. 31, 1553. Sm—The warrant against the chief officer of the steamship Hermann being still in the hands of the police, 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, (if he can be found,) ianpeae and preter any charge he may have aguiust the defendant. Ii he fail to do so the defendant will be discharged. Jom, sir, your obedient servant, (Signed, Joun P. Etpninge. Clerk to the Justices. J. R. Croskky Esq., U.S. Consul, &e. MR. CROSKEY TO MR. INGERSOLL. UNivep Staves ConsvcLate, Sovurnampton, Jan. 11, 1853. To His Exce.vency, Juseru R. INGERSOLL 1CAN MInistER, Lonpon. Srr:—On the 20th of December I had the honor to receive your Exceilency’s jetter of the 28th of that month, in reply to mine of the 22d and 27th, concern- ong the affair of the steamship Hermann; and having also received a very excellent letter from Captain Higgins about the same time, dated Bremen, Dec. 23d, whercin he repeated the desire of Mr. Venus to e an investigation into his conduct, I immedi- ately wrote to the Mayor and Magistrates, secondi: this proposition. A copy of my letter, wherein made a full extract from that of Captain Higgins to me, and of the Magistrates’ reply, is herewith sub- mitted. And I now have to report that on Tuesday, the 4th of January, I accompanied Mr. Venus to the Guildhall, and he there surrendered to the warrant issued against him. The French Vice Consul was then sent for, and upon its Supeniing plainant was not forthcoming, or likely to be found, the case was dismissed. I have the honor to be, with sentiments of the highest regard, your Excellency’s most obedient ser vant. Jos. Ropyey Croskey. t 5 » Aman- MR, INGERSOLL TO MR. CROSKEY. LEGATION OF THE Unirep Srares, } Lonpon, Jan. 18, 1853. Si1r—I am directed by his Excellency, Mr. Ingersoll, to veh bod the receipt of your letter of the 11th inst., in which you acquaint Mr. Ingersoll with the circumstances of the surrender of Mr. Venus, the first mate of the steamship Hermann, to the warrant is- sued by the magistrates of Southampton for his ap- prehension 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 complaiut made against you in connection with it, his Excellency de- sires me to communicate to aoe the substance of a despatch, under date of the 31st of December, 1862, | in reply to bis reference of the matter to the Secretary | of State at Washington, to the effect that your expla- | nations are not regarded as satisfactory; that it did | not appear why you should need some days to make | & proper explanation and reply; and that having had | the advantage of a personal interview witn the Minis- | ter, an oral account of the matter could have been | fee to him on the spot which would have enabled | im to form a safe opinion of the case. But that | instead of doing this, you bad written the Minister | several private letters, which did not contain anything Gefinitive, and in the last had requested him not to | wait for the conclusion of your essays on the subject, | but place whet you had already written before the Secretary of State-that the Department of State, in the aspect of the case at date, regarded it as far more serious than you seem to have considered it— and that if you bad not already done so, you were to be directed without delay to furnish his Excellency, for the information of the President, with a fall 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 betta justitied, but required the interference of the authorities~ and that if, when the oflicers boarded the thip, she was within the local jayisdiction of England, all attempt to resist them was unlawful, and would form @ just matter of complaint on the part of the | Britich government. beg leave to add that copies of your letters, &c., up to the 22d of December, were transmitted to the kecre ry of State on the 31st of that month, and that copies of all those of subsequent dates will be transmitted to him by the steamer of Saturday next. Tam, sir, your obedient servant, | Henny Croxonay, | INGERSOLL, JANUARY 22, 1853. As to the affair of the Hermaun and her first | officer, [ have to express my sincere regret that at | any stage of the proceedings my condact had not met with the full approbation of the Honorable the Secretary 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- ey, upon the supposed omission of which his disap- proval seems chiefly to have been based ; that the explanation in betes was delayed for reasons of which he will doubiless approve when the whole corsespondence is placed before him; and that the affair appears to have terminated, so far as the ma- uittrates here feel an interest therein, as will be seen y the Lad lh extract from the Hampshire Independent of the 16th inst., in a manner satisfae | tory to them, and without eliciting, but, on the contrary, disclaiiming, any censure or eomplaint against my conduct. The question of jarisdiction in this case seems clearly to be ie against me by both govern- ments, 1 was chiefly induced to make an issue upon this point by the magistrates themselves having, on a previous occasion, expressed a doubt of their right to adjudicate. Its settlement is a matter for Ma tulation, asia the settlement of every dispu' doubtful point; but settled as this point has been, it strikes me that much difficulty may at times arise, which oan only be avoided by means of a consular convention between the two nations, giving, in onses of like character to thi, a joint and concurrent ju i EXTRACT OF A LETTER PROM MA. CROSKEY TO MR, | * | | that the com- | | rendered of death by drowning. | v10N O¥ Crors.—NORTHUMBERLAND, expect, and which was bis duty, as one of her Majesty’s officers, to have shown to me. T have the honor to be, &e., Jos. Ropygy Crosey. THE RECENT ALLEGED OUTRAGE ON BOARD THE vv, STEAMER HERMANN. (From the Hem prhire Independent, Jan. 16) A special meeting of magistrates was held at the Guildhall on Tuesday, to take into cons‘deration letter from Lord Palmerston relative to a complaiat ; made some time since by the magistrates to the Bcc- : retary of State, that Captain Higwing the master of the Hermann, tefused to allow exeoution of a warrant issued by the bench for the apprehension 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 fad been abetted by Mr. Cros- key, the United States consal at this po: Corres: | pondence of a voluminous nature ensued upon the subject between the government officers, Mr. Inger- sell, the United States Minister, Mr. Croskey, and } the magistrates; and the day after the return of the versel to Southampton Mr. Venus attended before the bench, and expressed his desire to have the eharzu | fully investigated; but as the complainant had lef! the country, and was not present, the charge vo! se dropped. On the present occasion the cha'r taken by the late Mayor, R. Andrews, Esq., 8) ported Fy Messrs. Fall, Lobb, Breton, Witt, Bernard - | Beaors: Le Feuvre, Borrett, and Ward; and letter» | were read from Lord Palmerston, Mr. Ingersoll, and . | Mr. Croakey te latter gentleman dis) SA | diction of the magistrates, and gay ig that he had ony intention of sctting the authority of the magis- trates at defiance, but on the contrary bad eounselied | 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 re in disputing the jurisdiction of the Fate trates, as it was clear and universally admitted that a merchant vessel of one count ithin the waters of another was as fully liable to the laws of that country as if the ship was high and dry on her | shores. The letter of Mr. Ingersoll urged the accep- , tance ef Mr. Croskey’s denial and explanation. Mr.- Lobb considered that the great object of the magis- trates had been satisfied by their jurisdiction being estublished, and thought they had better consider there was some fiper Dae e on the part of Mr. Croskey, and settle the matter at once by receiving his explanation. Mr. Bernard said the complaint ot the magintasteg was against the captain of the Gale and not against Mr. Croskey, and suggested that, in 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 mect ing adjourned. Address of N uans to Mr, E. George iquier, 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 translation of it :— : Leon, March 27, 1853. Welcome, Mr. E. George Squier, our good friend, and the very genervus aad ardent friend of Nicara- gua; zealous and indefatigable defender of the rights of this country, of your friends, who owe to ou thanks ia propertion as your virtuous efforts in dealt 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- monstration 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 loye 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. [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 inqnests on the bodies of Charles Flynn, aged 29 years, and John Creig, aged 48 years, natives of Ireland. The former died at his residence in Forty-fourth street, and the latter at the New York Hospital, ia consequence of injuries received by the falling of bui'dings in Forty- third street, caused by the storm of wind on Friday lust. The jury rendered a verdict of ‘* Death caused by the falling’ of buildings in Forty-third street on Friday last.” KILLED BY A FALL FROM A BUILDING. On Satarday 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 his arm and thizh, also cansing a fata! bodily injury. The poor child was picked up ingen- sible, and conveyed to the residence of bis parents, No. 87 Sixth avenue, where he died in two hours after. The Coroner held an inquest, and a verdict was rendercd of accidental death by falling from a six story building. ACCIDENTAL PROWNING—DANGEROUS SPORT. , On Saturday afternoon a boy, eleven years of ie named Edward Kittle, whose parents reside at No. 402 Sixth avenue, came to his death by drowning in | the North river, foot of Twenty-first street, under the _ following circumstances:—It seems thatthe deceased, with other boys, were bathing, and was practising | the art of diving, from off the dock, and at the last dive- his campanions thought be remained a time | under water, and began to search for him, and found | that he had thrust his bead into the mud, some fifteen feet under water, where he remained stack, unable to extricate himself until pulled up by his friends, and was tben found to bedead. The Coroner held an inquest on the body, and a verdict wae Haw. Srorw av Nortavmpsruanp—Destei most terrific hail storm p: over. }, from. the west, about three o'clock this afternoon, extend- ing some five miles in width. Nearly every farmer has lost almost his entire harvest. Fruits of all kinds Lave suffered much. Several thousand panes of win- dow glass have been broken in this ees In some- buildings as many as two handred lights are broken. _ Some of the ha‘lstones measured 73 inches in circum- ference. There is no estimating the extent of the damage. M.A. Rapps’ loss will exceed $1,000. Forrren Consvt.—J. J. L. Herlich has been re- cognized by the President as Consul of Sweden and, Norway for the port of San Francisco. Weekly Report of Deaths, and county of New York, from the 25 of June to the 2d day of July, 1858. cmon, 67; boys, 130; girla, 133 —Total, 4 Hooping eough DISEARDS, Toanition Apoplexy . Ab opbia, Avgina P Burned or peal Bronchitis Canoer of Coonaltios Cholera Ini Cholera morbus. Consumption. . Convulsions Croup .. Congestion of brain Congestion of lings... |. ‘yancris Caleulns biliang... Debility ., Delirium Tremens , Dian Dopey seseyens es Dropefiin the lead Dropsy in the oheet Drowned «. Dysentery.s++- « Kulargezient of heart Fever, . Fever in Inflammation of «omb. Tnflammstion of liver. Toflam on of reet Intamperanee Lues veneren Matformation Marasmus. Me: Mortification of the lw Malpractice Old age Paley.. Premature bir' Parturition difliealt, Rupture ... +, Softening of the brain Secrofula = 2 ReGaworee see leat Cet ee ener rr’ Sprue .. Suicide by hang Sohirus of colon EE lee Fever typhus Fever heetic Fever nervoui Heart, dirense of . Hautes tt mr nsto om ae Sec m car Under 1 year. 7 , Bellevue, 11; Penitentiary, Toland, 2; Amall Pox, Blackwell’s Island, 1; lum, Blackwell's Inland, 2; City Honpital, 6; City Prison, 1; Almshouso, Blackwell's Island, 2; Colored Home, 2;; colored Ow Interments returned from Ward's Tal . BHOMAS K, DOWNING, Oty Inkpeetor’s Offies, Jaly 2, 1863, 9. Inspector. a