The New York Herald Newspaper, May 21, 1873, Page 7

ey sun, fhougn It gave some promise of succor, found every one, even the most hopeful, cheerless and @espendent. But work and action were necessary te sustain life, and Captain Tyson set an example @fenergy and industry which wae imitated by all. A lot of Esquimaux dogs drifted on the foe, most @f which Hans and his family regaled themselves Wren. The whites were at that time 6 little dell- -eate, but would subsequently, they say, have if RATEN A ROAST DOG. <\") Oaptain Tyson says he wanted the men to save the dog kil) and store them up for # more hungry éay; but they would not, not thinking st the time shat they would eat seals’ entrails, &c., after- wards. After the provisions gave out the men ate not omly the flesh and fat of the seals they were fortu- Gate enough to get, but also the bones, ekins, en- trails, and all intestines and appurtenances, Cap- tein Tyson showed us two of his front teeth, eroken by chewing up frozen seal bones, while at times it was considered @ great luxury to get a lump of blubber to hold in the month and suck, to Keep out the cold. The people confined themselves for days together to their huts during the cold Arifts, spending the time sleeping, wrapped up in skins. In March they got among the seals and procured Plenty of meat, upon which they were entirely sup- Ported after thar, | POLAR BEARS ON THE WARPATH, One night a very large polar bear Spproached their encampment and commenced eating their Seal skins lying about. The natives were directed to imitate the seals, lying prostrate on the ice, in order to entice the monster within a convenient shooting distance ; but they were all afraid, whites and all, and fied. Tyson fired one shot, which wounded the bear, who thereupon faced and at- tacked him. Tyson had to retreat to get “more ammiunition, and, returnii@ — de- spatched him. This was @ welcome ad- “aition to their _ Scanty , storehouse, 80, they took the precaution to save up bears’ ficsh, seals’ skins, entrails, &c., and in this way collected enough food to last them till the middle of May, should they not by that time reach some land or vessel, But & greater misfortune, perhaps, than any overtook the heroic little band of settlers on the eeean, About the end of March a. heavy gale “Greve them out to sea, BROKE UP THE FLOR on which they had lived so many months, and on which stood their homes of snow and newly stored stock of food. Their foe; which had been nearly five miles in circumference, was by tliis untoward calamity reducéd -to a pan of ice no more than twenty yards in diameter, The consequence ‘was that they cencluded, by the advice of Captain Tyson, and after much altercation and difference of pinion, to abandon their late home and endeavor to regain the main pack. This was done on the 1st of April, and, with the floe and huts, they also abandoned ali their stock of meat, a large quantity ofammunition, clothing, skins and other articles, A small portion ef the meat was put into the boat, in which they now again toek to the water; but, owing to the boat being too heavily laden, it be- came necessary to throw that overboard. On the 3d and 4th of April the outer edge of | THE MAIN BODY OF ICE WAS REGAINED, and some progress made inwards. The elements still adverse, a tremendous gale and heavy s@a breaking the ice into yet smaller pieces, continu- ously hindered and threatened them with destraction, #0 that they were obliged to confine themselves to small pans, changing their positions from time to time as dan- ger necessitated. It was impossible to launch the boat, no seals could be taken, and actual starva- tion was inevitable, It was at this crisis that, on the ist of April, fortune sent the Polar bear, which they happily obtained possession of as above Gescribed. The boat was afterwards got into the water, and they worked their way west and south- west every day in the hope of reaching some part of the Labrador const, The only then remaining shelter was a canvas tent, eréoted after the anni- hilation of the Winter camp. On the 224 of April the boat happened to become separated from this tent some seven or eight feet. The weather, which had been fine for some days previously, with hardly any wind, suddenly shifted, and 4A TERRIFIC STORM, accompanied with sleet and snow, sprang up. More suddenly still, and without any warning pounds whatever, the ice between the boat and tent burst asunder, with aloud and deafening explo- sion. Acry was at once raised to “stand by the boat.” Fred Myer, in the darkness (for it was night) managed to reach it, though, in attempting ‘to do s0, he narrowly escaped being swept into the chasm caused by the separation of the ice floe, and im which the maddened sea was seething and the shattered and scattered fragments of the ice were ‘tossing wildly against each other. Having reachea the boat in safety his frst act was to look round for his companions. Noue were to be seen amd nothing heard, save the roaring of the tempest and the grinding and crunching of the clumpers as they were driven with terrific violence by the sea, To remain where he was would be, he knew, to court immediate destruc- tion. The pan upon which he tottered was be- Coming smaller and smatier every’ moment, and, great as was the hazard, he determined, if pos sible, to launch the boat again, and, though desper- Ste the attempt, to cross the chasm that dtvidea him from his companions. But this was no easy task, Thé sea was breaking wildly over thé pan. The boat was heavily laden, and it seemed as if his remaining strength, though doubled by that desperate situation, was unequal to the required task. Several times dia he make the attempt, and twice was he WASHED FROM THE PAN INTO THR SBA eby the violence of the waves that dashed over and overwhelmed it. The cold was intense, terribly augmented by the chilling and freezing water with ‘which he was covered and satorated. In this awful situation bet little hope remained of his ever again beholding his comrades or even preserving his own life. A FIGHT FOR LIFE,. In & moment, as if by magic, the storm lulled and the surge subsided, and, straining his eyes Through the blackness of that Pintonian night in the direction in which he supposed’ the rest of the party were, he discovered the two Esqui- taux, Joo and Hans; esch standing on @ gmail piece of ice and paddling towards him. \€ ‘These intrepid and bardy sons of the “regions of @hick-ribbed ice” were ot deterred, by dangers which would have pidnched the chéek and mude the hearts of men bold enough to seek the bauble Fepetation evon at the cannen’s mouth stand pes- . NEW YORK HERALD, WEDNESDAY, MAY 21, 1873—QUADRUPLE SHEER rifled with awe. But for them the ioe s¢emed to | the swarthy race which would mauce more inte | hungry, shipwrecked, mariners, In. situations of have no terrors as for common men. In a second the horrors of the preceding moment were forgot- ten, Hope once more, bloomed 1m all ita fulness, regardiesa o1 the innumerable perils beyond, and, strength thus revived with eager hope, the boat was launched and they joyfully rejoined their com- panama. . HELP AT Last, On the 29th of April two steamers hove in sight of the storm-tossed mariners, which now renewed all their long cherished and constantly blighted ex- Pectations of rescue.. They made signals, but were probably not observed. This fresh and heartrend- ing disappointment was atoned for on the morrow, when the sealing steamship Tigress, of St. Johne, Newfoundiand, accidentally, in a dense fog, steamed against the very foe of ice which was their habitation, THREE CHEERS FROM THE RESCURD COMPANY. ; ‘Tent thé air, and were as vehemently and joyously gent back by the 130 men who cefpposed the Tigress’ crew. Here, In getting on board the steamer, Hans Christian lost his invaluable record ef the voyage, written by himself, in the Esqui- maux language, which, but for that misfortune, your correspondent would now be able to place be- fore the public, translated.. The proverbial hos- pitality of Newfoundlanders was not wanting in this case. The adventurers were cared for with the utmost attention and’ kindness, the sailors giv- ing them their own suits and underclothing, boots, all necessary apparel, and their private stores of tea, sugar; cofee and many other things, with other acts of goodness appropriate to such circum- stances, which are too numerous to relate, THE TIGRESS, having called at Bay Roberts, arrived at St. Johns on the 12th of May, in the afternoon; bat the news of the wonderfui experiences and recovery of the abandoned party had been partially telegraphed veral. gays before., Their arrival was impatiently expected, and no sooner had the ship dropped anchor in the harbor than crowds, putting off in boats, besieged” the decks and oyer- whelmed the strangers. with intense curi- osity and torrents of questioning | as “te the origin of their strange condition and the unparal- leled capabilities which bad safely brought them triumphantly throagh 80 many and stupendous perils. Captain Tyson and Mr. Myers refused to land till night, on account of the dilapidated state their clothing. The Esqnimaax men, women a children and most of the whites landed early in the afternoon. But if the excitement on board the vessel was considerable THE SCENE AS THE BOATS APPROACHED, the shore was one of wildest enthrsiasm; . It hap- pened that there was ice In the harbor, which in certain places obstructed their passage, and as the ‘boats’ heads were. turned one way or another to obtain an entrance dense columns of people of al classed moved up ana down the quays lining the water of the harbor, according ag the course appeared to be directed to one point or another, Heron said thatin point of numbers it ‘was a crowd not to be beaten by the Yankees, Then came the landing, and an impetuous rush ensued to obtain the temporary custody of THE ESQUIMAUX CHILDBEN and to get the first good peep at the uncommon strangers—especially the swarthy ladies. The children were submissively transported. along the principal streets of the city in the arms of eminent commercial gentlemen, while the squaws, with @ thankful and happy smile, trustingly leaned on an arm ofothers, the admired of all admirers, They were thus escorted to their respective homes, provided under the vigilant superintendence of the United States Consul, Mr. Thomas N. Molloy, who was careful that pothing was wanting to insure their comfort and recuperation. Captain Tyson and his companions were deeply touched by the generous welcome they had received, and it was gratefully acknowledged by them as one of the most pleasant incidents attending such a terrible experience, The inhabitants of St, Johns have a good knowledge of the dangers of the Arctic Sea, and were able to understand better than peopie in New York pogsibly could the sufferings and priva- tions which the abandoned mariners and explorers must hive gone through ere they were rescued py the Tigress. ON BOARD THE TIGRESS both Eaquimaux and whites seemed to enjoy toler- ably good health. The.miracle of the whole history is that it should be possible for a being endowed with. merely human and ordinary powers of en- durance and only human, energies to exist alive through such @ combination of perils, exposure and suffering, 80 inconcelvable in their character and variety and for such period of ume; that they did notall succumb to these strains on the faculties, both physical and mental, and either voluntarily or of necessity lie down and die at the outset; and, still further, that they should be RESOUED, APTER SIX MONTHS, from their forlorn position—not alive only, but actually in the possession of all their faculties, and, after a few days of rest and comfort, to all appearances hearty and well. It will be remem- bered, however, that THEY NEVER DESPAIRED, but always expected a rescue; and doubtless that hope, though often and bitterly deferred, sustained them in the darkest moments of their trial, On arriving at St, Johns most of the men and women, the Exquimau men excepted, complained of being slightly ill, and were placed by the Consul under the ‘doctor's care. ‘Some were troubled with swollen feet, a symptom of latent scurvy. On the sécond day of their arrival they were & littie worse, but no serious consequences are anticipated in any instance, except timt of ’ HANS CHRISTIAN’S BABY, which Was! not two months old when théy were driven from the ship, The baby was taken very sick after landing, so Much 80 that it was. not expected to live, “The child was therefore baptized the next day. This interesting ceremony was performed at Mrs. Gleeson’s hotel on Water street, in her back parlor, neatly furnished and arranged, as suitable to the importance and solemnity of the occasion. THE RITE OF BAPTISM was performed by the Rev. Mr. Shears, vicar of the Parish of Bay Roberts, who had accompanied the patty in the Tigress te St. Johns for this purpose. 1, do not know what baptismal prenomen the youthlul acion of this ilustrious family is to boast hereafter; doubtless one in proper harmony with the singular significance of his patronymio “Chris. tian,” It was suggested, however, from an intu- ential quarter, to adopt the family name of some of the eminent commercial philanthropists whe had welcomed the gable foreigners so gallantly, tn order | ‘mate alliances between the two races. COUGHS AND COLDS. 7 apparent hopelessness, committed sgainst their own safety, voluntarily destroying every possible “Wt onid have been observed before that alt ot remaining means that might lead to rescue, with the party have colds more oF less, especially the | the exercise of patience, may be able to form some Indians, whose deep sounding cough at present | faint idea of the wavering nature of Captain Ty- seems distressing: ‘They were not well enough to G0 in the Nestorian. Captain Tyson, Mr. Myers and others had sere hands, the result'of frost bites, but they were rapidly improving. During the half year at sea they were not afMficted with any serioug sickness, except that Hans’ boy, about twelve years old, was NOT ABLE TO EAT THE PRESERVED MEAT « which they used at the first, but he became re- cruited when the seals came along and plenty of seal flesh and blubber were to be had, The scientific resulta, Captain Tyson says, amount tonothing—not but what they might have Deen if Hall had lived or the management had been different. after his death. Still it may not be con- sidered, perhaps, altogether fruitless, ULTIMATE SUCCESS PROBABLE, This much we have learned from this expedi- tion—that it is possible. to penetrate farther into that mysterious region of sea or land or ice which has so long bid deflance to the boldest ef- Jorts, of exploration than has yet beea done by, any from Franklin to Hayes, and we farther discover .the probable existence of ® Polar: Sea from indications which the experi- enced and observant mariner 1s not likely to mis- interpret, and that, too, in tne immediate vicinity where these observations were made. ‘These circumstances alone are important and en- couraging, as demonstrating the possibility, atall events, of making comparatively near approach to the extreme north, ‘This is a great concession in favor ef science, and is ‘sufficient of itself to stimulate renewed efforta in the same direction, particularly when conmdered in conjunction with the fact that, at that point where, the progress of Hall's expedition ceased, the MOST FORMIDABLE OBSTRUCTIONS HAD BEEN OVER- comME, ‘brid did not promise to increase between that ana the fea beyond, It ts true, indeed, that this sea is supposed to be beset with drifting ic¢; but that is an obstacle of no greater maghitude than the common dangers of @ comparatively southern latitude—such, for in- stance, as Newfoundland—and one which only serves to merease the navigator’s caution instead of de- terring the voyager. It is very unfortunate for the public and the sci- entific world in particular that Mr. Myers’ papers and records of his. observations are lost; and the more #048 these are of such an elaborate and minute character as not to be capable of being re- tained in the memory alone, so as to be available for the purposes of scientific calculation and de- duction. . Among the achievements of the adventure are trophies belonging to the animal world, and a lot of marine fossils, collected by Captain Tyson on the plains, ravines and highest of the mountains situ- ate near Robeson’s Channel. The conclusion drawn by him from his investigation of these fossils is that the place where they were found was ONCE THE BED OF A SEA, Be also discovered three shell fish, or snaiis, pet- rifled, but otherwise perfect, and a petrified piece of wood, All these are now on board the ship, This neighborhood abounded at times in the musk ox, about twenty-lour of which species were killed by different persons—twelve of them by Captain Tyson, One only was killed the first year, but the tracks of many more were scen. Besides these evidences of animal life theré were hunting uten- sls, hatchets, and marks of encampments, sup- posed to be left from’the hunting expeditions of the Esquimaux in this quarter, but mot recently. No traces 61 any permanent residence were to be geen, while one of its infallible indices, the presence’ of the dead bodies of the tribe, ‘was wanting. A curious feature in the habits of these people is that they never bury the dead, as is customary with nearly all the rest of the world, excepting those who burn them. The religious rites connected with death and the isposition of Gead bodies aftér death all ovér te world are almost innumerable, and many amusing atid some- times terrible anecdotes concerning them are to be found in the pages of history and narratives of travel, but they uniformly result, as far as is known, I believe, in the annihilation or secretion of the dead persons’ remains. The,Esquimaux seem to be the solitary exception ; for they neither bury nor burn the dead, nor commit the body to the water, nor do they trouble themselves in the least to conceal the last resting place of their relation or friend, to protect it from the outrage of bird, beast orreptiie, He issimply left upon the surface of the snow, ice or ground to rot or be devoured by the wolf, the birds or carnivorous animals of the deep should they come within reach. This remarkable practice seeme to have its foundation in a super- stitious dread of being interred, because it is sup- posed by them that the soul, like and with the body, 1s thereby irrevocably deposited In the earth, while, by allowing thé mortal remains to rest with- | out bound or tramme! upon the earth, the soul is still free to wing ite way wherever the Supreme Deity may permit. THAT THE WONDERFUL PRESERVATION Of these nineteen souls is mainly due to the watch. fulnéss, sagacity and perseverance of Captain | Tyson cannot be questioned. His was no easy work. The band-under his directions was a collec- tion of incongruous elements, and no small amount of tact and decisiveness was necessary to maintain his authority during that fearful time, particularly | bu: as each most’ carefully concerted movement or skilful precaution was Itable to be momentarily de- feated by the elements or some unlooked-for occur. rénce, or rendered abortive by the inaction or dis- obedience of some member of the party. Success ‘was positively essential to Tyson to make his ad- yice and directions heeded, and it ts truly a won+ der that the remotest remnant of discipline could, under such circumstances, prevail. This ‘ DISCIPLINE WAS THEIR SALVATION, for, had it not been for that restraint which their leader held over them, the seanty stock of provi- sions brought from the ship would have been greedily devoured in the first pangs of severe hun- ger, and long before the partial reappearance of day, which commenced in February, to enable them to kill the seals, on which they afterwards sabsisted, But it was not without dificulty and stern self-réstraint, not without much mental tor- ture, that Tyson was enabled to retain the hold he had upen thetr obedience, Stifing his ows suffer- ings, he devoted himself to the single object of pre- S6rving all, if povafble, and scrupulously émployed ‘@vety‘heman agency which coald be instruments! to perpetuate their notable generosity in the house | in attaining that result. OF “Hana, and a9 an overture of agity towarda | Those who have read of the mad excesses of | subscribers and is now on ‘the fon’s rule and the almost utter impossibility of constraining @ number of persons rendered un- reasonable and desperate by privations in the pur- suit Of a single purpose. He constantly restrained them by his discreet advice, representing te folly of not continuing to act togéther and of aban- doning ‘the common good to the” present selfidhness of individuals,’ Now they planned ‘wild achemes by which to effect escape from a con- dition so fall of miseries, They would.go north, they would go south; they would take to the boate and go on their own account to save them- selves, 1f no others would, and’ many other itipra- dent designs. But their leader counselled them to | WaT THE-RESULT WITH PATIENCE, and not'take any rash steps which might increase the present peril of all without yielding any addi- tional promise Of deliverance, Generally his calm suggestions overruled these fitful impulses to rush they knew not whither, and order would thus be again restored. Many of the Germans were particularly troubie- some. They bore their visitation with, stolid indif- ference, if not utter carclessness, at first, as long as the provisions lasted or seemed to last; but as these were rapidly reduced and short allowance Decame necessary in order to spin out what re- mained to some indefinite future period of relief, they BECAME IMPATIENT AND PEEVISH, and took to grumbling and showed signs of insub- ordination. These dangerous murmurings, too, he quelled trom time to time, and when all other in- centives to paticnt waiting and prodent and vigorous action failed, he cheered |the mal- eontents by holding out promises of speedy succor and a@ joyful reiief, when they would soon forget the evils around them. On one occasion (it was afcer the noe broke up and they were driven to sea) they had NBARLY SHALRD THEIR OWN DESTRICTION by one false step, which it was hardly in their Jeader’s power this time toarrest, Seeing that they were being constantly driven diversely about the icy waste of waters, and that all efforts to ob- tain any permanent hold of an encampment were fruitless, and that the foe on which they had built their houses was rediced to a mere clumper, they determined to abandon _ .themselves to the .caprice of the winds and go wherever the ice took them, without making any effort to regain the Inner main pack of ice which was yet reliable. In fact, they were bent on going seawards, whatever might betide, upon the plea that by so. doing there, was a possibility of meeting some vessel to pick them up. Tyson saw that this course, ifadopted, was certain death, since however many might be the chances of meeting a ship by doing, to abandon nineteen souls to the | security of a namber of small pieces of ice washed over every minute by seas was the same thing as to consign them ail to the water to swim in search of one, and especially in view of the fact that there were women and children as well as men among the party. For these reasons he advocated a re- turn to the main pack, there quietly to await, as they might with some degree of confidence, the event. It was fortunate fer all that this advice was adopted. Had it not been it is extremely im- Probable that your correspondent would now be chronicling the occurrences of this unparalleled series of wonderful disaster and preservation. Altogether Captain Tyson must be regarded as the faithfal Achates no less than the pious Zneas of bis band. THE OLERGYMAN OF THE ATLANTIC. An Unfoanded Rumor Connecting Him with Trinity Church. A rumor was prevalent in the city yesterday that the Rev. Mr Ancient, ‘the Episcopal minister who behaved with such gallantry and heroism at the time of the wreck of the Atlantic at Mars Head, had beén summoned here to take the position of . assistant minister at Trinity church, in this city, at @ nandsome salary. On inquiry of the Rev. Mr, Wiswal), the pastorof St. Jotin’s chapel, in Varick street, which belongs to Trinity church, thé rumor was declared by that gentieman to be without foundation. The last nomination made to the ves- try of Trinity resulted in the confirmation of the Rey. Mr. Hitchings to an assistant pastorate, and as the vestry does not meet again until the second Monday in Jane, no such nomination could possi- bly be made by the rector of Trinity church, the Rev. Morgan x to the vestry of the parish, who have sole confirming power. AMERICAN MUSEUM OF NATURAL HISTORY. | The Reception Yesterday—Prosperous | Condition of the Institution. | ‘The four or five hundred invited guests present yesterday afternoon at the complimentary recep- tion of the American Maseum of Natural History in the Central Park were universally pleased to see the GREAT IMPROVEMENTS which have been made in the mounting and ar- Tangement.of the specimens. The museum has recently received large accessions to its list of a h road to per- | mauency. The past year has been ope of marked growth and increasing prosperity for the museum. All the obligations, to the extent of $20,000, have been paid on the colléctions, including the rare | and artistically mounted specimens selected from the property of Mme, Verreaux and Mme. Ver- dey, of Paris. More donatiens have also been re. ceived during the past year than for three years revious. The plans for the new museum building AMERICAN CITIZENSHIP. The Decision of the Mixed Commission in the Case af Perfecto De Rojas, DEMURRER OF THE SPANISH. Referred to Baron Lederer as Arbitrator and Decided Against De Rojas—The De- cision of the Commission Overruled. ‘Wasuinaton, May 20, 1873, “mhe Yecent decision of the case of Perfecto de Rojas.against Spain by the United States and Span- ish Mixed Commission—a brief notice of which nas already been communicated to the public—excites Mmueb interest, both a8 bearing on indemnity for wrongs inflicted on citizens of the United States in Cuba and on the question or ‘citizenship. ‘The edvocate for Spain took the ground that the question of jurisdiction depended upon the agree- ment of the two ‘nations, dated February 12, 1871. It. ia entitled, “Memorandum of an arbitra- tion for the settlement of the claims of citizens of the Untted States, or of their heirs, against the government of Spain. for wrongs and injuries committed against their persons and prop- erty, or against the’ persons and property (of those) of whom the said heirs are the legal repre- sentatives, by the authorities of Spain, in the Island of Cuba or within the maritime jurisdiction thereof since the commencement of the prasent in- surrection,”? i a THE DECLARATION OF INTENTION, It was not alleged'in or imported by the memo- rial or exhibits in this case that the claimant is a citizen of the United States, On the con- "trary, Rojas describes himself’ simply as “a resident of Baltimore and a native ef San Juan de los Remedios, Island of Cuba.” He further states “that he came to the United States and acquired. a domicile under’ the declaration he solemnly made of his intention to become an Amer- ican citizen,” &c. This -solemn- declaration of his intention to become an American citizen at some future period, entirely within his discretion, is ex. hibited with ‘the memorial,and appears to have been made on the 28th of September, 1870. If this tribunal had jurisdiction of claims of sub- jects of Spain against the United States, it could not be maintained ‘that this memorial, by reason of the declaration of intention, would have lost his status to claim as a subject of Spain against the United States for wrongs and injuries inflicted upon his person er property that government. This precise question had been repeatedly. decided by the ‘Mixed Commission on British and American Claims,’ sitting under the treaty of May 8, 1871. In the cases of Adiam, Robert and Tongue, Nos. 40, 47 and 49, THE COMMISSIONERS SAY “In these cases the question is raised as to whether, in conséquence of the claimants having declared their intention to become citizens of the United States and to renonnce their allegiance to Her Britannic Majesty, they have ceased to be British subjects within tne meaning of the treaty. We are of opinion that, notwithstanding the claimants having expressed this intention, they still remained British. subjects until the necessary formalities having been completed they acted upon the snteation so expressed,’? Sueh has’ been umiormly their decision in a great many cases involving the same question, and if.is confidently belteved, notwithstanding the repent quoted in the memorial from the opinion ot My. Commissioner Wadsworth, that the Mexican Commission, sitting under the treaty of the 4th July, 1868, have held no other or different doctrine. The advocate on the part of Spain objected and demurred to the case alleged in ‘the memorial and exhibit filed en behalf of the above-named claim- ant, for that the same not within the jurisdiction of this Commission nor within the terms ef the agreement between the two nations, which limits and defines said jurmdiction, it “not ‘appearing that the claimant was at the time of the alleged wrongs and injuries a citizen of the United States, nor that he claims as the heir or legal representative | Of @ citizen of the United States against whose person or property any wrongs or injuries are alleged to have been committed. J. J. Rodriguez, of counsel for the claimant, and Thomas J. Durant, advocate for the United States, replied to the de- murrer, erqping that Rojas has established his permanent domicile in the United States and has abandoned that of his native country. This he had aright todo. By the internation! Jaw he was FREE 10 QUIT THE COUNTRY OF HIS BIRTH and seek another of choice, and, when perma- neatly domiciled'in the latter, the power of hi: Sormer sovereign over him ceased, and he became at once considered a member of the State where he | has established his domicile; and what his civil and political privileges may be in this country he has chosen is a matter of no moment whatever in the discussion, They call attention to a learned exposition of the laws of Spain en the subject. ‘The treaty of friendship, limits and navigation be- | tween the Uaited States and the Kingdom of Spain, | October 27, 1796, speaks of subjects of Spain and citizens of the United States. Under this treaty a question grose at one time whether a British subject, not naturalized in Spain, but resident there, was & Spanish subject within the meaning of the treaty. The Supreme Court of the Unitea States discussed this question ‘ IN THE CASE OF PIZARKO, 245, when Judge Story, in delivering the opinion of the Court, said:— “As to the second objection, it agsumes, as its basis, that the term ‘subjects,’ as used in the treaty, applies only to persons who by birth or naturalization. owe @ permanent allegiance to the Spanish government, It 1s, im our opinion, very clear that. such is not the true interpreta- tion of the age. .The provistons the treaty are manifestiy designed to give reciprocal and coextensive privileges to both countries, and to effectuate this object the term ‘suvjects,’ when applied to persons ewing allegiance to Spain, mast be .construed in the same sense as the term ‘citizens,’ or ‘inhabitants,’ when applied to per- sons owing allegiance to the United States.” ‘The claimant bas, in due form of law, declared his intention to become a citizen of the United States and te renounce allegiance to his former soversiap. He ig now subject to no pewer but that of the United States, and owes allegiance to the nationality of the United States only, THE TRUE QUESTION before us is not to what extent or in what degree he ts @ citizen, tor that 18 @ municipal question | with which, a8 an invernational tribunal, the Com- mission is not'to deal. The petitioner is presented here by the government of the United States as a citizen whose rights the government asserts, and such assertion should be conclusive of his jus stande in Wudtoto. The lawof nations o# this subject was clearly and conclusively expounded by Secre- tary Marcy, In his correspondence with the Chargé a’Attaires of His Majesty the Empe: ror of Aus- | tria, in the ease of Martin Koszta, in which a solu- tion to the Aaportant inquiry involved in the case now before you, aliké consonant with the honor and dignity of the United States, and in harmony with the settled principles of the law of nations, was reached, THE FACTS OF THE CASE referred to'are too well known to render recaritu- lation necessary; the law of the case was em- bodied in the jollowing expressions, which occur at the close of Mr. Marcy’s letter:— ‘The conclusions at which the President has arrived, af- ter a full examination of the iransaction at Smyrna, and ar | consideration of the view: spect 1 | fovofament thereon, as pecsented in Mr. Hotcomatn's ve been completed and tue erection of the edifice | te. anr sath the Ma attonaltty of She Rit aes, will soon begin. | and. they bed therejore, the fieht, if they ‘The group which attracted the most general at- | cnose to ‘e: their - tention yesterday alternoon was that of ion to pies thi from. international law— THE ARAB COURIER lage hte gna he ap teed attacked -by* Hons,» This exquisite combination of | Tulcs of action in’ this case-—Austria could dettve no waxwork and stufed animals was. awarded a prize ie orc tortie Ph t" im efect ry we, ¥e medal at the Paris The first floor is | Korzta; amd that Captain Ingrabam’s interposition. f devoted to the display of the largest imens Of | his release was, under the peculiar ai extraoedinaty ropean, Asiatic ané American The, | circumstances of the case, right and proper. second eu contains the insects, shells, fishes aud Acoording to the authorities quoted Perfecto ae foratia; while the third floor 1s dévoted to the ais- Ras is to be taken and considered as an Ameri- play of atudfed birds, monkays, smalicr ani--| caf oltizem, within the méa ol ment mal A whan oe specimen of the lized skeie- pee fy) and 8, United States of February. ton of am! elk, dug from the peat bogs of dre- | 12, Spanish laws make him lend, 8 NOW, Mounted in this gallery, A collec- VECINO OF THR UNITED g7a’ | tion of Bara OF, IMPLEMENTS has boon meceiyed from ‘agate Rica, and is now for tied In pocuring tue victim, for hursan encrifices ny ted ‘greats ten | attrac a ion, The stone mortars iu which roe natives ground their corn are also ogo well the cotieetion exhibited that an xtended ption of the various Classes and faaividuals is rendered unnecessary, even were it possible, The great need of the museum at present catalogue ih be. purchased by eactt visitor ot it iver, and ‘which will save the student much v: le time apent in searching out the location of the specimens. NEW YORK SOHOOL COMMISSIONERS ASSOCIA- SARATOGA, N. Y., May 20, 1873, ‘The New York State association of School Com- Misiones 4d City: Superintendents met in this Place to-night. -An-eddress) of ;weloome was de- livered by Seth. Whalen, of Ballston, Ethel M. fect aan ng Bn dg pion ge Wi eatri Tomictte tae otetgn country’ sine anémo rover tends. Numerous authorities are quoted to show Wighis vee meshing cl the agreement with Spal 1e en M, % “the imunieipal awe of ‘the Gaited tates. on ion on Britis! ieeticin ‘Giaima “nad ‘decided otherwise, a8 de- oe Fag ee eo eltny principie, “Nemo potest patria) ’ but this prin- ciple did not cross the Ruantie, and the right of expatriation Apaen recognized both by Spain {te Valter Tm CONCLUSIONS. ARR, First— ti neither native born ner paaraea mas;varg ne fae, domtaiet Ta aod crmactte A, at tat irsvmarskes crate Marea © ment of the person Just ten’ a ceseepeapet ts i= oaueagrseg., The ceae, wan a te et Sui, Boren Latarer. ine A who decided against against Rojas—tn taking the view of the Spanish arvitratos: °°°ts “THE UNION DOWN.” Another Instance of Spanish Contempt for American Citizenship—A Citizen. Thrown Into a Cuban Dungeon— Hamilton Fish Powerless to Obtain, His Release—The Case ef Augustine Santa Adana. ‘The fellowing case of Spanish ill-treatment and lengthened imprisonment of an American citizen, in Cuba will be read with interest at the present moment as 4 companion piece to the treachereus capture of Mr. James J. O’Kelly, the HERALD core respondent in Cuba, now a prisoner in the stifing den at Santiago de Cuba called the common jail. Tne dagrant injasticé of his detention is a paraliet case to that of Santa Anna, the American citizen’ in question, whe has.a wifo and eight children resi- dent in this city. The tollowing is the outline of the case:— Augustine Senta Anna is a native of Havana, fifty years of age, and came here for the first time im in 1848, when he declared his intentions of. becom- ing a citizen, and in due course of time he became one, The year 1871 found him engaged in the Cuban revolution, but towards the endof the year he fell sick, and, seeing that he could be of NO USE TO THE PATRIOTS in his weak condition, resolved to surrender him- self to the Spanish troops. Although killing Prisoners was then as now the fashion, Santa Anna happened to fall into the hands of a Colonel Ss. Marin, who, being @ Freemason like Santa Anna, spared his life and sent him down to Peurto Principe, under an escort of the St. Quintin regiment, He was shortly alterwards released’ from captivity, but on the 28th November, 1871, h was again seized and once more thrown inte jal for alleged complicity in the matter of the capture, in 1869, of the Spanish ‘mail steamer, Comandl” tarlo, while on a voyage from Havana, Nothing was Proved against him, however. On the 14tn March, 1872, Captain General Vaimaseda granted a full ardon to Santa Anna, who again left prison. ing without money, le worked at making cigarsy till he had gained suiicient money to pay his pas- sage on to New York, where his tamily reside. He arrived at Havana on the 9th of July, 1872, and stopped at the Posada del Oeste. The first day of his arrival he was seized by the police, and placed in solitary cenfinement in @ foul dungeon tor fifty4 four days. While here a visit was paid to him b: the Admiralty Commandant, who made the follow: ing gtatemeyt to Santa Anna :— igotr its comes under my jurisdiction, as you are charged with piracy, and | have sent to vepitel Princtpe tor further mformation in the case. [1 you have been rdoned by General Valmaseda ag you say, that will not help you anything, for it wag merely your pardon jor being an insurgent. You must bow ba SPURN MATE ALL AD FOR ALLEGRD COMPRICTrY in thé capture of the steamer Comanditario. Up to the present moment Santa Anna is lingering it prison, and will probably do so till the advent o! the Greek calends, unless some more erergetio action is taken by the United States. The following correspondence has taken place between his sen, B, Santa Anna, and Hamilton Fish, Genera! Torbet, United States Consul General at Havana, and tie Naval Commandant at that port:— 4 FULL PARDON FROM MADRID. Wasurnctoy, March 5, 1873. B. Santa Rosa, Esq., 76 Pine street, New York :-— Dxax Sin—l am glad to inform you that a telegram fron Madrid to the Spanish Minister, dated Sd instant, says thata full pardon has been accorded to Santa Rosa. HAMILTON FISH, Secretary of State, PEREMPTORY ORDERS FROM SPAIN TO THE CAPTAIN Deraara GENERAL. ENT OF aay hy of lay 14, 1873. B._Santa Rosa, 1sq., box 4,806 New York : ‘Sim—our letiers of the Sth and 12th inst, relating to the imprisonment of your father, have been received. In reply [ have to state that the Department is in corre- spondence, by telegraph and otherwise, with the United: jon a tates Legati adrid. You may fecl assured that the case will receive all proper attention, Lam sir, your obedient servant, HAMILTON FISH. P.8.—A telegram has this day been received fronw General Sickles, in which It is stated that peremptory or- ders have been sent by cable to General Pieltain and to the naval authorities to release Santa Rosa. 18 PARDONED, BUT THE TRIAL MUST BE GONE THROUGH | Havaxd, May 9, 1873, Mr, B. 9, Rosa, New York :— Stn—I have to acknowledge the receipt of your courtes ous letter of May 1, and have taken note of its contents. £ inform you, that your father, Don Augustine Santa Rosa, hasbeen pardoned by the ‘Supreme government at Mas drid, and the delay in obtaining his liberty ls caused by’ the waiting for the completion of the trial of your father by court-martial for contumacy (rebeldia), but the finding may shortly be expected, I kiss your hand, MANUEL DE LA RIGADA, Commandante General de Marina del Apostadero de ‘ta, abana. FROM THE UNITED STATES CONSULATE AT HAVANA~ RED TAPE, Unitep States ConsvLate GENERAL, 1873. Havana, May 15, Mr. B. 8. Rosa, New York :— Sin—General Torbet directs me to say that your letter of April 30 has been received. Nothing more is knowu concerning the pardon of your tather than that the Captain eral informed neral Torbet some time ce that he had been informed oft, but that it would, have to be confirmed by the Admiralty in Spain, which is being waited for. You may write to your father and the letters will reuch him, but leavé out all questions of politics, or remarks on affairs in thigisiand. Very gorpeceally: JAMES A. SPRINGER, United States Consular Clerk. ART MATTERS, Somerville Art Gallery—Sale To-Morrow Evening. With the sale that is to occur at the Somervilia Art Gallery, to-morrow and Friday eveuings, tnd public must prepare to bid farewell for a season ta those headquarters of art and auction, The present collection consists of 170 paintings consigned to Messrs. W. K. O’Brien & Bro., and includes repre- sentatives of the French, Spanish, Italian, German, Beigian, English and American scliools, The prih* cipal members catalogued for to-morrow night ara Bispham’s “Landscape and Cattle," ‘Theodore Ger ard’s ‘‘Morning,News,” W. H. Beard’s * Mountains,” Redmond Fay's ‘Ros and Morning Glories,” Reyntzen’s Birthday,” Feickert's “Winter Scene in Ghent,’* Julian Scott's “Giving the Countersign.” James M. Hart’s “silver Brook,” David Col’s “Wing Tasters,” aud Charles Brun’s ‘Armenian Mother.’* For Friday eveniug there are several scenes by Koek-Kock and Kuwasseg, Gustave Brion’s “Even- ing After a Sterm in Brittany,” Wilitam Hart's “September Snow,” Schaefels’ “Merrymaking,' Van Schendel’s “dandie-Light Effect, Antwerp”! ¥. Kraus’ “Necklace,” Meyer von Bremen’s “Firs' Born,” Coomans’ “Pompeiian Evil” an Bouguereau’s ‘“Childhoea.” ‘These conclu | sales will admirably point cessful 1D &n suet seasol give Mr, Somerville the opportunity to round, with raceful valediction, those persuasive efforts whic! “i such admirable effect in the recent Kensett sale. Academy of Design—Distribution of Prizes Last Night. ‘The parlors and library in the eastern wing of tha National Academy of Design were filled last night, the occupants beitg the pupils of the Antique and Life schools and their friends, together’ with a large number of academicians, artists and con< noisseurg. The occasion was the annual distribuc tion of awards of merit, Mr. William Page pre« pang and perform! his duties with that blend« ing o| Sigal. simplicity and kinaliness which so far to brighten and beautify commemorations o ‘this description, .in the Fale Et re ee te Ls f the Suydam medal, tn silver, and fone intese contributed by. Messrs. haitcuell, Vase & Co.), was wen by Mr. eens. Smith, A ae ‘2: Muller.” The were eich meas : men in An 3 wei aye ts an tleman, Pat Mian Kate Cou SMre. Suaan Nt Garter an an ‘. I 4 dra: PDE TOR ei BT Clinton Hall—A Valuable’ “Troyen” To Be Sold To-Night. The sale at Clinton Hall last evening was perv haps, as liberally sustained as the apathy, indica< tive of the season, could possibly have warranted oné in expecting. That is to say, the prices réale ized were exceedingly low. The final auction occ curs there when the chief point of intere: will be the. aa of am exceedin; gable an val WapOreAns. ose by TrOLey cautey, “We etude! tq a sieheemes |-natared gravit, for ouadertal as it is Tor The characteristto good cows ere in! the ‘and bmg ba smabillty of el terpreted with w! smaliest derail: eae eset ca evel ‘when its absence isn to the exé pression of @ greater one. 4 BROKEN MEOK. ; At about four o'clock yesterday afternoon s boy, named Henry Sohlater, aged ten years, acciden fell from a second story window of the resis tally 362 Fourth street, Wilitamsy borg. “ad yaa. mnbtantly “ilied. Hin neck Wag broken,