; VolJ of I lib! Watchman.
C airipMp- yar.:Twa Uoi.labs payable in
fKnict Jtyijif.not l,ajd 'n advance, Two dollars
.tSWts inrtfdt 8l for the firM.nnd 25c.
1 ..H iubsriiirnt insertion. Court orders chvgt d
"t Ji.'-V tUn tl.. v.if- A litieral deduc-
tt:xhet i han thee rates.
1 u.ii nkrrtim Ij ih vcar.
...... I II 1 11' " - J
litors ingt be pot paid.
WHAT HAS HE BISISIN 7
!Vhi ii that to you ? It is of no consequence
i rrt been one .
if 60 ; it. A now. We care not what
" I ni:u ha J000' PrtviJcd has heartily
tla: v nxv strives to live an upright,
rfJ?C r itf, Instead of looking back a dpz.
T5 - !: i! . ; k :-. -, - t ! j i . - ! . j . : -- .r ;
Ttffl Miptlfl W1TGHSI AN.
BRUNER & JAMES, ( NEW SERIES.
. ): ( .f EP A CHECK rPO ALL TOUR 1 Dj TTIlSAin LIBERTY IS SAFE."
Edi ors Sf Proprietors. ) f jj!:j Rulers. "i ' SX ' - Uarrimn. ( VOLUME VI NUMBER 22.
- '' '. i T 1 - - '
; Z . ' ; ! : - - - 1 , . " :r
SiULTSBURY, N. C, THURSDAY, OCTOBER 4, 1849.
L- .? . 1... !
a:or WCf 'I iAVi i.ho.nowT" W6at
..: Vriii l iiiauirc. .... .
t)m f , ,Pi if vou nnu mat ms
formation w sincere, a . . . an(J
S:' " : rake up past
ire nt r'r9-4" Vw , " .n i resolved
'..'MiJ Vices, to condemn who . .
wI?Ll I.. La vinuous. Many a person; is
IP W ' h - "7, . ... .f .; - vlll0 m!!ht
Slr&an ornament to. society, but (or
'ti!tvi the Ii8h!;.lmig.forgoHcn irnqMi
t h lve 3 wivi a-lmired the reply of a daugh
r.ii.r Hither, who wus'aeke.1 respecting a
I Srnat Uhr acT.afritancc, Do you know
rfiibefcoiifrJ!" No," replied
; i fi : iL '.n,l f wu i to L'o with
riibt iracll e.crlitig a good inHluenco ; jit
kfeUt. Mthaut inquiring what has been
cfeterPierctoi;,re. j "If he has reformed,
iKt niorccali we desiro ? and what benefit
IviH it So to us to uacover and cxposo to mo
It ' t . I'll l.,.n.i;li. oclinmflil
i, .' . i ' f ' . I t .!... .ic-l.
f jr4 fcf-SvWch the lias-repcmcu in uim aim
, I nu-:. was i::
4iianufacturo of paper, the
secret ot I
f. . ;
isicHwis not discovered tor centuries, naa
.n rlrrlcd on bv the wasp evifr since the ere-
.npoifTlienukc it iii' the same way andjof
if'tiiftie mhtcriul tmnUiycd ior the present j
i . .. . i
;iy. ;ln eelecling the appropriate tnaleriajs,
' !'. I' . I ' ' .1 ! Ir. n ,f r,f fifo morif .
at finJiirejVs ihei pulp o! linen rags. It cop
mhiily rrjecH jsawoW and everything of
.ill W id, and resorts tp the filaments ot wet
obd' ihd decayed vegetable, which have rot
jj injlhc ra-in. These nrc worked tip by
ans'ojf'agiuiinolu's' secretion, converted iftjo
iM Itid roHed itito a ball, which is easily
oiiveredilo 1 lie fpot where it is required.
rie,8uUtanno' of this ball id then rolled off jo
f,reaJ, aiidiihese,;by the constant passing arid
'.fpaiiiflirof the aniiinal-over them, arc consdl-
linl6 jsheetsi . of.stiflicient strength arid
iikiiiKiii Jorc6Ut jho rain. With all the aids
herjjiole, of chernjistry and machinery, men
vr nov unanuUcturing paper in substantially
9 itao'way this.MisiguiFfcant insect has.done
r itouswas of.yearsf pr. V. SVi,
OFFICIAL PAPERS 1
RELATING Tf) THE DIPLOMATIC MISUN
DERSTANIttmi BETWEEN THE GOVERN
MENT OFT IE UNITED STATES AND'THE
MINISTER QF FRANCE TO THIS COUN-
TRY. - . ; J. ,.
Translation of a note from the Minister Plenu
jxentiary of fYance.
Legation Fhance in the U. StatIes,
., WAsiiiNGTONf February 7, 1849i
Siu: The Minister of Foreign Afiairl has
submitted to njo a claim, brought by a French,
man, established in Mexico, named M. A. port,
for indemnification for damages sustained by
him froin the acts of certain agents of th Ar
my of the Unijedtates, in consequence of the
sale of five hpndred bales of tobacco, yhich
had been adjudged to biin. A Court of Equity
assembled atiPuebla. has already nronodnccd
upon this aflar, and tho decision of this ijpourt
has been approved and considered as definitive
by -General Scott. General Butler, whc; sue
ceeded the latter in tho command, did, not, how
ever, wish tojdeprive Mr. Port of the faculty of
appealing to fcigher -authority, and he gave or.
defs to Colon j1 Childs, tho Cojnrnandant of the
city of Pucbl i, to lay all tho circumstances of
his claim immediately beforo tho Secretay of
War of the United States. .
From wha has been said above, it appears
that the Gov;rnmen"t of the United States has
already taker up the matter, which I am charg
ed to pfesectito here. I nrav vou. sir. to do
i i .
to inform me what issue your Go
uds to give to tho claim of Mr.
me the fovor
of my high
To the lion.
to assure you, sir,
LLAUME TELL POUSSIN.
u. DucnANAN, Sec. cf Slate
Note from M. Poussiri to the Secretary of State.
Washington, March 23. 1849.
(i presents his compliments td Mr.
would be happy to know of a fa
ion on M. J. A. Port's claimsub-
honorable tho Secretary on; Sat-
milled to thef
urday, the ltth.
M. A. Port is waiting anxious for the issue
Kc(f ahd Charhiy were two rbortLmatcs, but
leydupicd dilferent beds. Ned's sleeping
Ifiratps was so situated that ne couiu get in?
icihcl side thajj is to say there were two fore
tijc'l tohis bed, and no back side which Ned
juiitl tery convenient, i
Olm night ; Ned. and Charley had been oiit
"returning, vhich they did near morning,
oihtwcjre'. considerably! elevated. However,
icy! walked up to their rooms with an air that
?ciAed t() 'pay not s-o' yery darned drunk af.
r illi" arid sought long and patiently for
cbei and a lamp. After knocking the pitch
r or) (ho washctaod and smashing the looking
of his just c
aim previous to leaving for Pq'ebla,
in Mexico, where he is established.
to Mr. Clay
port unity to
ion of his h
Hon. J. M.
inally cave up the search and went
bedi '- ,
Went 'to bed vcs. that's tho word, but ow.
i o the darkness, and the confusion of their
fusc,s.1hcr rnado a slight mistake. In short,
edS ted had the! honor! of receiving the two
ettiii Charley getting iu,on one side, arid
n coijiDamon f oijing in on the other.
,Mft Ned,'1 cried Charley touching some-
:)'fcalf there's a fellow in my beiH? j
vvonarrrufi coincidence!' exclaimed Ned,
4ti a; Grange jelbowjin the region of his
iVthe.r'a sbinebody iii my bed too..'
;H ;tncre. though f cried Charley, Mel a
vi:k in utt'i:''..lA!!reed.' ak) Ned.
,-nil jicqonliiigly the two Iricnds began to
tK. H It listed a bout a minute and a half, and
was:jjrawling on the floor ; Charley was
injioesiou of the, ibed. For a moment
m silcnr. - 1 i
II iiynNed,' cried Charley.
'What flawed Ned sulkily.
"l(i ii eked my. fellow; out ?'
" M a Q iL UCVIII91I I J. HI IV. i tiiun i u.ii,
. i ' : . . ... . .
Ned, for mine bus kicked me out.
1 ";, ! fspiril of the Times.',
fcdib gold it to Musquiso, the agent of Messrs.
pamio dc Co. Meanwhile Mr. Port received
froin Captain Webster a letter, dated October
jppt)i, in the following terms : '
j f Sir : Be so kind as to suspend for a: mo
ment the sale of the tobacco which you pur
chaised from me ; you perhaps know thll it is
ill claimed by Mr. Domercq." j f !
M. Port was in fact not ignorant that M.i Do.
mefcq had said he was the owner of the tobac
co on the day before; but as he had already
sjolcj the merchandise, and considered himself
titled to regard the sale made to him by the
American authorities good and solid, he an
4w4red as follows on the 31st of Octobeiy ;
'ii 1 aP,ain -Weesteb. Sir : I have the
npior to answer your letter of the 30th instant ;
andj I inform you that Fsold tho five hundred
bales of tobacco to M. Abadie on the 27th of
this-month." i 0
i fl was not until the 29th of October that M.
jponercq addressed his claim to BrigadierGen.
ejral Lane ; he established his title to the own
crship of the tobacco; he proved that?1 the to.
bacco had been sold to him on the 6ih of June,
by jhe orders of Major General Worth ; and on
the 30th of November a military court decreed
that the merchandise should be restored to him
in despite of the construct afterwards made with
M.'jPort. On the 30th November an officer
dnd eight soldiers of the American army, charg
cd jwith eflecting tho restoration, broke open
the doors of the store house, where M. Port
had deposited the tobacco, and he was deprived
' ji M. Port had in the interval resold the rner.
dia;irdisc of which he was thdsNstrippexl, and
hatj cleared 84,500 nett upon the operation ;
for jhe bought at $12,000 and sold at 16,500.
'fhis sum was paid to him at Puebla on the
3th! of November, 1847 ; and he was thus
tircjed to give it back, as the annulment of the
sail which had been made to him involved the
annulment of the sale which he himself had
rhaf e ; and he thereby lost $4,500, which, af
ter jenlermg legitimately and positively into his
dollars per bale from the last purchaser, M. Port,
and he. has been informed jlhat one thousand
dollars were due to the estate of Wengierski
by M. Port, which he bud not thought proper
to collect before the termination of the case at
Puebla." 1 :
Now, wbatdo we find in this evidence?
I. that M. Port has been guilty of collusion
with the secretary of Col. Childs; 2. that, in
consequence of speculations made in concert
with M. Wengierski, Mr. Fort owes the lat.
ter person $1,000. j
In order to establish the fact of collusion Col.
Childs reasons thus : The sale made to M.
Domercq was public, tind it is, therefore, im
possible that all the tobacco! dealers at Puebla
should not have been informed of it.
To thi3 reasoning I have! five objections to
olier : 1. M. Part is not a tobacco dealer : 2
M. Port was absent from Puebla on the 20th
of May, 1847, the day on which the sale of the
tobacco was ordered to Major Gen. Worth ; he
was aVso absent on the 25th of May, w hen the
sale was made by Uapt. Allen to Mr. Ilargons : saie to .Mr. Uarirous or to Mr. I)omi?rcn thai
and he was moreover absent on the 12ih ot he left that city on the 10t!i September 13-17 a"y cngaged in the tobacco tradr, but whoen
Jjjne, vyhen the tobaccpwais sold and deliver- j and did not return until the 15th October, the tere( 'l ouce only when seduced by oppor-
tunny, may very lairly uo supposed to bo igno
rant of the special operations of that business,
which tobacco dealers alone are interested) ia
learning ; but, even if M. Purt were a tobacco
dealer, does it not neccasaiily follow, as CoU
Childs concludes, that he must havo engaged
in a criminal understanding with M. Wingier
ski, anil have rendered himself guilty of collu
sion ? Really, sir, if there is in all this an U
qualificd assertion, it is mine, but that of CoL
Childs, which you have not hesitated to en
Finally, Mr. Secretary of State, I said, in fty
him in the purchase, to which he replied in the
negative, for he did not wish to buy his own
property. Port answered, that made no differ,
ence, that he could always interpose his
Now, it seems to me, sir, that this establish,
es in the most positive and irrefragable man
ner the fact that, prior to the sale of the tobac.
co to him, under the authority of the United
States, Mr. Port was aware that the tobacco
was private property, and that the sale was
about to be made in ignorance of that fact.
This testimony is confirmed by circumstances
mentioued in the testiinimy of Colonel Childs
in his examination before the same court.
Seusible, apparently,of the importance of show
ing that Mr. Port, when the tobacco was sold
to him, did not know that the United States
were without title to it, you endeavor toinvali
date the testimony of Colonel Childs, by as
sertingthat Mr. Port. could have bad no know
ledge of the previous sale of the tobacco, be.
cause he was not in Puebla at the time of the
saie to Mr. Ilarirous or
l.That, while in Puebla, be gareno notice '.j
whatsoever, in Vdirccrmanner, to M. Port, be. .
fore the day of the sale of ihe fire bundrei ' j
bales of . tobacco. : ? -rfs imt.j 1
2- That, while at Pueblo, ho did not,exccrJtf j
on the 19lb of October, address to Col. Child ?
secretary his claims, which, (rum reasons latX,
we do not and we wish not to learn, remained.
without effect. .y- -an.?'; !
3. That the conversation between M. T".
and the son of the Spaniik Consul, to which, .
allusion was made in the court at Pueb'.a, may -,
have reiated, not to the five hundred bales. of,
tobacco already bought byM. Port,, but to;the.r
other lots of the same tobacco which were a
terwards to be sold at the same place. ..' i't
These declarations, sir, are in supporl xf
those of M. Port. I do not, therefore, hcsUate
to believe that, taking into consideration (t bo,
different proofs which favor M. Port, and, ad,
milling, on the other hand, that a man should j
always bo considered as acting in good fcutU
until the contrary be proved, you will acknow
ledge the good faith of M. PorL ; . J"
1 have yet, sir, to answer two objections,
which you bare made to the reasoning conUi.; '
ed in my letter of the 30tb. I L-
When I told you that M. Port is not a tobac
co dealer, I meant this in answer to tho depo
siiion of Col. Child, whero he uses thescv
words: 44 Witness is of opinion that M. Port?
has rendered himself guilty of collusion with hi
secretary; that they had a criminal under-.,
standing with each other, to speculate in ho
tobacco, to the injury of tho first purchaser,
Domercq. 1 1 is reason for this opinion is, that
so large a quantity of tobacco could not haro
been sold in Puebla without the fact being
known to all the tobacco dealers."
My reasoniug was (his : a man not hab:tu .
Note fron M. Poussin, to Mr. Clayton.
Washington, March 28, 1849.
The undersigned presents his compliments
on, and respectfully begs to qe in'.
her, as it was promised, M. Port's
is unuer his consideration; this gentle-
I f IT ri
mans presirnce at Washington, to the great
p of his business at Mexico, being
entirely dejipnding upon the issue of his claim.
The undersigned avails himself of this op-
renew to Mr. Clayton the express
2h consideration. I
GUILLAUME TELL POUSSIf.
day betwre the advertisement of the sale at
which he purchased. Supposing these allega- S
lions to be true, (aud I Jo not question that you
believe them.) it is strange that no proof of
them was adduced before the military court at
Puebla. Had tliis been done, it cannot be
doubted that due weight would have been al-
... i l ...i r l. : . k:. .l i t. i -i 1 , . t i , i
uuaacaaiuii. was iu ub irnrii nun iiv iiu; i rnc prsk i. n i rpcspn i nn vvpur. niu ru
act'of the American authorities. This is not I clared to him that he vou!d himself purchase
all.f M. Abadie, on his part, had realized a ; the tobacco at $22 the bale. M. Port bought
profit of $1000 on the tobacco, as ho had sold : it at $24 ; and there coijild, in consequence,
tor fe 17,500 what he had bought at $lG,e00. have been no collusion between M. Port and
cd to M. Domcrrn. M. Port thus miifht well
have been ignorant of the two sales made by
order of Gen. Worth. 3. il. Port afiirms that
he never bad any private? relations with M.
Wengierski, and no proof is brought against
this afTtrmation ; 4. M. Port who returned to
Puebla in the beginning oft August, and who,
since that time, rendered more than one serv- , lowed to them. Inasmuch, however, as they
...1. . .. .1 - . J
ice to me American army, quitted Puebla again
on the 10th of September, 1847, and did nut re
turn until tho 15th of October, 1817. The sale
of the tobacco was advertised on the lGth of
October, the day after M. Port's return, and he
could, therefore, have had jonly a few hours to you doubtless intend, to repel the presumption j nole oi ,oe 30ln ,nal M Port quitted Puebla on
entier into any arrangements as to this sale j that he could not have taken such an interest I lne 10jh ol September, and did not return on-
with Col. Child's secretary. 5. One of the in the transactions in that article at Puebla as I Ul lne luin o1 October, 1847. lou answer,
documents which vou. sir!, sent to me on the must necessarily have led to a kuowlediro of the rthat ,n,s assertion of mino is not supported bjr
previous sales of the tobacco. It may be that
trading in tobacco was not Mr. Port's sole bu- I
siness, but tl
saie in mis instance is a su iicient answer to
rest on the statement of no witness, in consid-
ering the testimony I am under the necessity
of rejecting them entirely.
You also deny the assertion of Col. Chitds
that Mr. Port was a tobacco dealer. Hv thU
28th of March, the letter from Capt. Webster
to tho Secretary of War, Bated February 25,
1849, proves lhat Col. Cliild's secretary, M.
any evidence, and you therefore consider your
self justified in rejecting it entirely. I shall
s . . t Vismt 4. L.. l. - J . A
ie very tact ot his nurchase and 1"C,CIUI,; anue iu icuer some uocuiiiemi,
instance is a sufficient answer to ! tne mere reading of which should convince you
Mr. Clayton, Secretary of StcUe. to
Department ot State, March 28,1849.
Sik : I hkve to acknowledge the receipt of
your note of. the 7th ultimo upon the subject ot
the claim of Mr. A. Port, a french citizen do.
miciled in Mcxico,arising from his having been
deprived b) orders of the United States pen
eral in command at Puebla of 500 bales pf to
bacco which ho had purchased at a public sale
. .' I . .. I Ol Ml I '.
under the autnonty oi voionei iniias, wn pre.
viously commanded at the same place. Your
note having been referred to the Secretary of
War for information, I have the honor to -com.
municate a copy of his reply under date of the
1st instant, of the documents by which i was
After a careful consideration of these papers
in. connexion with those which accompanied
vour note, 1 have Come to the conclusion thar-f
Mr. Port lad no just cause to be dissatisfied
with the a;ardothe Military Court of Inquiry
which was convened at Puebla for the purpose
of cxaminhg the conflicting claims to trie to
bacco in controversy. Under these circum-
sufficient reason is perceived for
U I-SPFUATE BltAVFRY.
fipi'trt ' Pit: hi '"'ilh 4 XioH.v YanParty.U
iivee ifappers; Vale, Gas, and Young, says
"4 Jaikni County (Ioya) Democrat, whj!e
fing'f.' ; beaver in. the vicinity of Morcon
,vtr. discovered a largo trail, rightly suppfs
'slthey Were iu the vicinity of a very strong
-l l of ji iian3i They 'selected 'a suitable spot
J buiU pp ilwgs and polos a small hut, jto
Licbbt y gVive vhu najne of a fort. . Before
ik finiihed the! ItuU.xh iinado their appc.r
'vtci ! qy ihowr d ihn t)iy were determined
lAavo llieir scam?. raio aim in comniin.
he decision of that Court.
1 avail myself of this occasion fooffertb you
ssurances of my very distinguished
JOHN M. CLAYTON.
J i i jircpUed! torn dcsDC'rate resistance;.
'!- Hi fire If the Indians, Young was
' il li ' . i ' i- r I . 1 t
Translation of a note from the Minister Plnipo-
lent tar y of I ranee.
Leg v rfoN or Fkance
Washington, March 30, 1819.
To the Iloii. J.; M. Clayton, Sec. of State.
Sik : I received 'on the 2Sth instant the let.
ter with vhich you honored me, in answer to
mine, requjesting your attention to the depnand
of Mr. A, ort, a French citizen, residing in;
i Mexico, in appeal from a decision, given at Pu- j
Ubla on the 20th of November, 1847, by mil.
shot -,lary court
s profit he lost in consequence of the annul
merit of tho sale ; and, availing himself ofi his
remedy against the seller, he summoned M.
Port to restore to him the sum of $1,000, which
tjddjed to the $4,500 already lost by M. Port
raised the entire loss of the latter to $5,500.?
Ths is the amount now claimed by M. Port.
i nese iacis speaK cieany enougn oi mem
selves ; too clearly to require any long obser
vations upon then. What, them, are the ob
jections made to them ?
I Here, sir, I am led to examine the docu
riiehts which accampanied your answer of the
;28th instant. You there inform me, very brief-
ly, and without even indicating the reasons on
which your decision rests, that, after comparing
uieaocuments sent to me witn loose wnicn i
had presented to you, you have been led to the
conclusion that M. Port has no right to bo dis
satisfied with the decision given against him
What are these documents which, when com
pared with those furnished by M. Port, are in
youV opinion calculated to invalidate our claim?
Allow me, sir, to examine them in an order
rjifferent from lhat in which you present them
1 I-find, in the first place, a letter from Capt.
Webster to the Secretary of War, dated Feb
ruary 25, 1849; and, after attentively reading it
so far from finding any new facts, it only cor
robbrates, in my judgement, the statements of
M.jPort. It is therefore not this letter which
could have dictated your decision. -:!
t find, in the second place, two letters, dated
Che7th of March. 1848, one from Major Gen
eral Butler to the Secretary of War, the other
frorii from Mr. Lay to Col. Childs. The first
letter informs the Government of the United
States that Col. Childs has received orders to
address directly to Washington a detailed re.
port of the affair of M. Port ; the second letter
contains this order, sent to Col. Childs by Mr.
Lajr on the name of Major General Butler.-
Th.B order seems to have been entirely forgot
ten' by Col. Childs. Without insisting upon this,
fiowever, I merely establish 'here that those let
ters.do not in any way affect the affirmations of
M.I Port. 1 -
j will say th same of a voluminous paper
Containing the details of proceedings before: a
Tiitptary-court assembled at Puebla on the 9jh
of jMay, 1848. The decision of this couft,
Ahfch establishes the ownership of M. Dp-
nejcq, is utterly toreign to our claim, as our
olafrfTis not against the right of M. 'Dorhereq
otfie ownership of the tobacco, but it is simply
a demand for imdemnificatibn for the losses
.usitained by M. Port in consequence of tho yi-
olebt seizure of that property from him.
t come at last, Mr. Secretary of State, to two
documents, the only ones which could have led
is. "... .
Col. Child's secretary, because they were both
I'll .i t
uiuuers, ana ine ne overrjia me otner. it is
not easy to discover what could have been the
object of such a manoeuvre? in the case in ques- I presumed that you would not claim on his be
the unqualified statethent lhat ho was not a to.
If, therefore, the legal testimony only in the
case as it stands be regarded, I must deem it
incontestable that Mr. Port, at the time he
made the purchase, was privy to the fact that
the tobacco was private property. Now, it is
To Colonel Child's second allegation, that
M. Port owed $1,000 to 1J. Wengierski at the
time of the death of the latter, I answer, in M.
Port's name, by a forma) denial ; and Col.
Childs is summoned to deriiand that sum of M.
Port, provided that he can establish the indebt
edness of M. Port to M. VTengierski.
Such, Mr: Secretary, ate, on the one band,
the allegations of Col. Ch)lds, and on the other,
the answers which we make to ihem.
Allow me, sir, in concluding, to remark up
on the strangeness of the: position assumed by
Col. Childs. The Legation of France cannot
and will not make itself the echo of the reports,
more or less well founded, which have been
current with regard to Coi Child's conduct in
this affair ; nor will it press certain facts impu.
ted against him, which it j would be perhaps ea
sier to prove than he could prove the charges
brought by himself. The Legation of France
has no concern with these allegations, divested
of proof, against the honor of a man whose
good faith should not be questioned. It would
however, be very easy at any time to get rid of
a contract and to put down just claims if nothing
more were necessary fori the purpose than to
reply to the claimant by Insult and defamation.
I venture, Mr. Secretary of State, to hope,
while I pray you again jto examine this case,
that you obtain from the tiovernment of the U.
States a determination pore favorable than
thakwhich you have announced in your letter
of the 28th of 3arch, 1849.
Accept, sir, I pray you, the assurances of my
very high consideration.!
G U1LLAU31E j TELL POUSSIN.
half from the United Slates more than the Mex
ican courts would have awarded to him, sup.
posing that ho had knowingly bought tho pro
perty of an individual which the seller, also an
individual, had sold without being aware of the
true owner, and which property was subse
quently restored to the true owner by process
of law. If I am correctly informed, the Mexi
can law declares that in such a case the pur
chaser shall not only not recover damages of
the seller, but shall not even bo entitled lo a
return of the purchase money. '
Th ese, sir, are the grounds for my opinion
that the military court at Puebla, in decreeing
to Mr. Port a restitution ot the money which
he had paid for the tobacco vith interest there
on, had rendered him substantial justice, and
that it was no part of their duty, nor is it now
the duty of this Government to guaranty the
speculations made by him in an article pur
chased under such circumstances. This opin
ion is not, in my judgment, shaken by the re
marks contained in your note.
I avail myself of this opportunity to renew
to you, sir, the assurance of my high consider
ation. J. M. CLAYTON.
To. Wm. Tell Poussin, kc.
oi me reality ot me statement made by me ;
and you will also sec lhat lhat ihc Legation of
France, which would never consent to become
the organ of a criminal accusation without
proofs, does not venture, without proof, to ad
vance an assertion of a fact of the most inno
Allow me to hope, Mr. Secretary of State,
that this letter may be the last of a correspon
dence which has been already too long, on an
affair so clear. The Government of tho Uni
ted States must be convinced lhat it is more
honorable tp acquit fairly a debt contracted da.
i ring war, under the pressure of necessity, than
I to avoid its payment by endeavoring to brand
! the character of an honest man.
j Accept, I pray you, sir, the assurance of mjr
GUILLAUME TELL POUSSIN.
This passage in the above letter included
within brackets is that which was subsequent
ly withdrawn by Mr. Poussin.
. - - , ., . . . ..... r-.,
MAisS the (leadj Vale and Cass returned ! ,acK Vie. vv(ole eHct ot mis decision ; nve nun
"Mb fire", and threoi Indians Tell, at which they
ed thc (war-whoop. A Vla unequal contest
1 4;jcvera "i-bojirs, CaJs loading tho guns
. 'iU Ya'U. with unerring aim, thinned' their
i.t; CassV Imprudently exposed his faee,
jtf received a ball in th? eye. Vale was npw
tliiriettcbnteiid against the Indians, Ho
M) IhelbcAt of if. loaded and fired in such
W lucdcsston, that th Indians were on the
tjw'bf rdtiriog, when he fell mortally wound-
' ' Ttirt!l.ifi viia I j motif til a flpnlh. ihevfjilT.
I'Uloj wiihbuV6Calipi him, and honored him
f Me name of Ivaglo Brave. Twenty. eight
"N4ni tit.,. :b:nvJ ;n itJ .t;n Vn 'c
i . . n v nuii u sis tra. m tv u
'lb da L Miiwaukie.
The Secretary of Slate to M. Poussin.
Department of State, I
Washington, April 10,1849.
Sir : I have had the Jionor to receive your
noto of the 30th ultimo, -in rpply to that of the '
23th, addressed to you by this Department, on j
the subject of the claim of Mr. A. Port, a ;
French citizen, against the Government of'ihe
United States. You are coirectin saying that
I did not set forth at length the reasons which
led me tP the conclusion'communicated iu that
note. This, however, tijust be imputed to no
dbubt on my part as to t,ho adequacy of those
reasons, but to a presumption that you would
necessarily arrive at the same conrluim if
you bestowed u, he documents a full exam
inatiotf. In the c-.;ectnss of most of the facts
stated in your breviato pf the case I entirely
yo;i to refuse to admit the claim presentedto concur, bur you mention) one which I can no.
Voujby me. These are two letters from. Col. where find,substautiated by the evidence, and
Childs to the Secretary of War, the one klated to which it is important should. at the outset
bf tobacco, which had been sold to j February 23, 1848, the other February 23, ; invite your attention. Ybu observe, 44 Mr. Port
The claimant does not now at-
n'ous physician, being nt tho point fp-f
uiiii . Miri iiuiiiicu uv c& iiuuiui.1 -tl i . s.
m m ferimt hc lessor . k:?
I T' ui 10 ttiem, " venuemeu, l ic.vvc fp prt
.. T- ...... w
him by th Americanaulhorilies, have j been
taken front htm by those same authorities.
Mr. Port does not ask that these; orders-Elon
since execated, should be declared void'; but
as, in cons jquence of the annulment of ihe sale
thus made o him, his interests have been-really
damagct ,he claims a fair indemnification for
his losses. f
In support of this claim, I shall preserit the
following nummary of the circumstances on
which il is founded.
Oil the lGth of Octorbcr, 1847, Captain
Webster catised a notice, to tho following ef
feet, to be posted up in the principal streets and
squares of he city of Puebla : I'
" Octobek 1G, 1847
at 3 o'clock! in! the afternoou
ie Barracks of San Jose
t849. These two Utters agree well enough j was in fact not ignorant that Mr. Domercq had
with each other : they both impute fraudulent saidfthat he was the owiper of the tobacco on
manoeuvres to M. Port, and accuse him oi col
lusion with M. Wengierski, ihe secretary and
interpreter of Col. Childs. !
j This accusation, sir, is one of such a charac
ter that it should not be made on light ground,
tf Col. Childs can furnish the proof of what ho
advances a? a fact,- he ought to do so ; or, rath
er, he should have done so on the day when he
Ventured to appear as an accuser, ihe; very , ioie.iu ium.alr un aiji uuuu, ..n. wu,uil4.
. . . . I J . . I - tlx f T . . ....ir.. ....... r n tl .
. UlllluSOn i'l l . "ii 3 it-ijutpi, ita liauiiinu a. 3 a .
the day before," 29th jOctober. Not being
abtej to find any proof of j this statement, I must
be allowed to ascribe it either to an oversight
on your part, or to a design to convey an im
pression that Mr. Port was. not aware that Mr.
D&naercq was the owner of the tobacco until
that time. No such impression is warranted
by the testimony. On the trial of the case be-
Translation of a Nole from the Minister Plcni
polcniary of France.
Legation of France,
Washington, April , 1849.
To the Hon. J. M. Clayton, Secretary.
Sir : I received on the 1 Ot h instant the let.
ter which you did me the honor to address to
me, in answer to one wherein I picsented the !
principal reasons which should, in my opinion, ',
induce you to admit the claim of M. A. Port. ;
You endeavor to establish in that letter that j
M. Port knew, at the moment when he became
the purchaser of the tobacco, lhat it was the
property of M. Domercq, and not of.the Uni
ted States ; then, proceeding upon this hypoth
esis, you go nu to say lhat M. Port, so far from
being cnt it led to reiiiibursement f the sums
lost by him in consequence of c annulment
of tho sale rna-L by him to M. Abadie, did not
even deserve to have restored to him the sums
which he had paid into tho hands of Quarter
master Webster as the price of what Lo had
'bought from the United States.
Permit me, Mr. Secretary of State, to ob.
serve to you that, in reasoning thus, you go,
rather singularly, beyond the decision of tho
court martial held at Pdcbla on the 17th of No
' vember, 1817.
This military court, which permitted Colonel
' Childs to carry out, without interruption, his
string of calumnies incredible, was certainly
by no means over favorable to M. Poit, yet it
' refused to recognize in M. Port thai bad faith
'which, in your opinion, might relieve the Uni
ted States Government from the charge of re.
! turning to this Frenchman the sums paid by
him into the American coffers, and employed
for the support of the army.
It is among the evidence given before this
court, w hich did not admit the charge of bad
faith, that you seek fr proofs of that bad faith.
You cite with this object the questions address-
pVI hv M. Port 'to M. Domerca, and the an
Documents accomjanying I lie letter from
French Minister of April , 1849.
Headquarters of the Cox. General
ok the Free State of Puebla,
ATLixro, October 13, 1817.
I, tho Commandant General of Division,
commanding the State of Puebla, grant a safe
conduct to the French citizen Alexis Port, who
goes to Pdebla on private business. In virtue
thereof, tho men under my command are for.
bidden to oppose his passage, or to interruj4or
injure him in any way.
Washington, April H. 1819.
I certify that the above is the signature of
the Commandant General of tho State of Pu.
cbla. LUIS DE LA ROSA.
Atlixco, May 30, 1847.
X M. Alexis Port, At the Mills of Chiella.
My Dr. u Friend: M. Santiago Lores
does me the favor to allow his son, Don Juant.
to, to go and assist you at the Mill, whilst I
am kept in bed.
I cannot be at the Mill fjr eight days. Com
pliments to our fiiend--, Arc.
IT i:TFS DE MARIA.
i IYebla, October 3, 1847.
, To M. Ai.rxis Port, At Alixco.
My Dkar Sir : I have iut received a letter
tor you. (:i
to scnu vou
I hope to see you on Tuesday or Wednesday
next. Meinw hile I send you my compliments,
ovc. Your fiiend, A. LATA PRE. '
No. 4. ,
Chietla, Octobor 12, 1847.
To M. Alexis Port, At Alixco.
My Df:r Fkienii : It is only from forget
fulness thai I h ive not before answered your
letter of the lat of September last, containing
your account. On this subject I must observe;
' to you. ' -
Do not fail to write me all the news, which
: you may hear from certain sources. I am, &c,f
j J. .FUENTE.S DE MORIA.
i (Conrl ruled ncjtt v?cck.)
! Attempt at Suicide. George Riley, .
, Hricklayer, attempted to kill himself on
, Monday morning, by cutting his throat,
i but was not quite successful, and still lives.
The cause of his attempt is not known.
in, in which 1 find enclosed another
! Pressed to Puebla,) which I hasten
filio rtf-nnsition made bv Col
i . . , ..... : i.:, 'ft . e.. : .
heflOth of November, 1847, betore me muiia- i whucm m ma uuu. j uu louowwi- is .
fy court at Puebla desire to be here quoted.-- : tenal part ot his examination :
f' The witness is of opinion," says the deposi. "Question. Did I notj on several occasion?,
lion, "that M. Port was in collusion witn nis ; inform you that 1 intendesd to buy the tobacco.
Oil lO .! . i;il:ii.ii, aim hj
swers given bv flie latter. It wotild be
Mr. Secretary of State, for me, by examining
each word of this portion of ihe inquiries, t
establish beyond question that, so far from its
bein against us, it serves cllectually to ovcr-
fc! three! great physicians.!1
a I 1 a 1 ft
. On the 19th instant, 1 isecretary thatlhey had a criminal understand. . Answer. 1 he first time I ever heard any thing throw the allegations oi ioi. ruios ; but l
, will, bo sold at irigrivith each other to speculate in the tobac j on the subject was one rjay when Port called shall limit myselt to an account ot the cxpla-
,50tt bales 1 ico, to the injury of the first purchaser, Domercq. in my hearing on thq son of thebpanish Con- nations given on this subject by m. Jjumercq
. .His reason for this opinion is, that so large a ; Sul and asked him if ho did not wish to join himsell to the legation oi r ranee, on tne i-:tn
a bidder : and the to. 'i kiuanlitv of tobacco coukl not have been soiutn him in the purchase ot tee tobacco f i he re. ot April, it'j. .11. nomercq men oeciareu
rl Lnniarfd fl
pi'K""r ; . ... 7 ... . i i .l . . f
bacco was kssigned to him, as the purchaser I jPuebla without the fact being known to ail me ply to which was, Io ; tor it is me property 01
highest price. Mr. Port boifght it . tobacco dealers. Col. Childs's secretary uica ; a friend, and you will make yourseii naoie to a
pMenotlieni by sbveral,cach i.o0ering tho
, fboni believed himself to bo ono;of ; at uventv-fc
.locd, jhe replicd,t .Water, exercise, October he kold it to M. Abadie at thirtylthrcc
Simple food." , ; I dollars; anu on the 13th of November .At Ab-
ity.four dollars the bale
on the 2
ja short time after the sale made by-thp.Quar
hermaster. Col. Childs has everv reason jto
reclamation. Some day
witness he had purchase
or two afier Port lold
500 bales of the to-
believe that his secretary was to receive two ' bacco, and asked him if he did not wish to join
In fact, however, the sale did not take place nntil
the 2iEt October, which afforded Mr- Tort ample lei
Kurc to make such arrangements aud acquire such iu
furmuliun as !u mitit b-ive defined necessary fur his
Shot in a row. John Wright, a - (reo
man of color, was shot in tho head with
a gun; on Monday morning, by James
Franklin, another man of the same class,
the two being engaged in rrjuarrel at the
time in the Northeastern part of the town.
... i .