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0 / 75
a . !--, . j .. - v. .1 .... I :, f v ! " - - . . : x..
' b - ::.: ! t -
! -r. i :" ?
iTcrnit blithe Watcliniau.
.JvUce. Hut if not paid in advance, Two dollars
' .nJ fifty cti will bectinrgetj . , r
loTUt E inserted at 81 for. the first nnd 25 ct.
SKWWent -insertion. Court orders chirged
3 "t. hi.b tlujji these rates, A liter.! deduc
r' tioa to thoM who advertise by the year.
iirtWlW-El,i!oft mu8t be poet paid.
rr ATlW.TO TUB DIPLOMATIC MISUN-
I - flPVTO KIT 1 K INJTKl) STATUS AN D THE
'jS'NldTKJl'"' FKANCE TO THIS COUN-
r.U.Vri. Clayton to M. Poussin.
i, '! I)KPAR'f.MKT OF STATK,
C.-i. r.. ofWnnnn of liie ioiii insiant
eoMrhgfifcaliftit from you, oateu asiungion,
i i !,. 1 8 19, (without snowing tne uay on
wliida it wt written,; was recetveu ai iins of.
fiee. (elative tothe claim.of M. Poil on the Go.
tern rtent of the Uuiied, States ;'and, having
i jbtj laJ occasion to address you a private note
;!l le fit i thrush the. messenger who was des
':'.pilC iidio deliver if thai you have been for the
vjAit jtwpVeek absent from Washington, and
fliitty periewf of your return hither from New
z. YorKlwai quijft uncertain
these circumstance, (after a perusaiyumsiiince3 aiienuing nis rescue oi tne rrerich
of tobr rioto jwhiclt was laid before me thii Engin e," of Havre, was dulyfreceived
:m6fR ns)I lose not u moment in requesting
Cyod;ti repair ioi this city without unnecessary
uelffj . ?. ! ' ' ;
1i ij hire pi he Honor to be, very rexpectfully, sir,
"j J I I U , J. M. CLAYTON.
7 Jf.l WM. TKLL Pot RSIN, cVc.
j-- l'! ' ' I ' '!
j Xrdnilatton of a letter from the Minister Vlen-
nfofentiary pf France.
Leoatiqn of France in the U. S,
Washington, May 12, 1819,
! I have just received from the Minister
tainrl 1. titbit tir. 1 t.j.i. rx
;idffeJ 19 ihe'M inisler of Marine by M. Laval
jht ,re acting Consul of the Republic at Vera
CrU'from winch it appears thut Mr. Carpen
.s dtrp.thecomtn.andtf r! of the -American war
iiteifnfr Iris, after hastening to the, assistance
ef the Freuch &hip (Eugenie of Havre, which
.'hid j truck bit the bank ofRiso. near the an
Irtorage ,rf Anton' Lizardo, advanced claims
inbuilt i inadmissible, on account of remuncra.
lion.ior his service 1 anu, 10 secure
quitali h detained the Eu'geniq (amis cmbar-
g6 'turW Eugenie) for two or three days. In
bmeqiience . of the energetic remonstrances of
JM JLiyallee, and the honorable intervention of
jthetCjirisbl of ihetUniled States at Vera Cruz,
;J?ojflrn;jndcr CarjeniJer desisted from his' pre-
iV j tendons. : '--
II , 'i'hq Sliniiter of Foreign Affairs requests me
1! ;iJli.. i.,' r',;i.:ui f vi.i. it,..
l-l U UUJ J luii vviiiniiLi ui a s 11 1 ii;i uu 111c
trioii Serious observations on the abuse of au
ihorltyf committed ly this officer, in illegally
ietaWing th0 ship Eugenie.'
i Yob will eapily comprehend, Mr. Secretary
ofSfaie, low important it is that such occur."
rtnteft Khijujri not Le rematcn : and that se. ; .
;L.-JliVv- . .. t 11 1 . 1 ... .1 . .
u vcfe uiairw, ui ii-iisi, mioiiiu ot; iuiu on iiiose wno
tfctji cotisulered themselves empowered to sub
arbitrary measures for justice ; and I
jcoupi,,noi mat you win, ;unout tteiay, give sal
IsTttipn to the jut torifplaints ol the French
jltepulilje;;;. 1 ' :
jyljelnhrftce this occasion, Mr. Secretary to
ir(nWflhe a'su ranee of my high consideration,
i ;! I GUILLAUME TELL POUSSIN.
foue nun. j. m, ti.vYT(,
Sec. of State.
Department of State,
Washington. May 28. 1849.
i; puj: l.havo rceciived tho note which you
tJi'J rrra the honor lo address lo me on the 12th
initant, relative to the conduct of Commander
' tVrjHnJer,'of tho lniled States Navy, who,
it it alleged, after hinstening to lhe assistance
(if the French hip 44 1'lugeuie," of Havre, whic h
ht'd atrjucki on the mnk of Riso, near the an
cAorige of Anion Lizardo, advanced claims on
V accounl of remuneration for his service' whol-
, )f ina dmiisible, an lo secure the acquittal of
which lie detained the f Eugenie" f ir two or
, three day'; huj in C4Uiseq'ience of tho remon
strances of M. Lavallee, the acting C)nsul of
rfaficd at era ( rul. and the intervention of,
iBe Corvsul ot the United Slates at that port, he ;
uensted from his.pretensions. i
(Thb' Secretary of lhe Navy, to whom a tians- j
Utionif tour note was sent, has communica-
led to-the. Depart me lit Commander Carpenter's
flplanition of the circumstances attending his
reicueipr he Eugenie , a copy of which ex.
pUnatin I liave lhe honor herewith to enclose
teffyuf and. trust that it will remove any mis
Ipprehf lision xyhichimay exist on the part of
Trench Government relative to his con
duct oil occasion in question.
ha've h!e honor to be, with distrnguished
jcpdsidiiration, jour obeilient servant.
JOHN M. CLAYTON.
1 Mr.(NVrM. Tejx PorssiN, &e.
pf a note from the Minister Pleni
jHitentiary of France.
O ATI ON OF Fr AN I'E,-
W wVsn i no ton, May 30, 1849
Sir ! I received oiOhe 2Sth of May the note
hich'j you; dy mo honor to address to me on
ae same qay, in answer to mine culling upon
: fU 0tveiiu enl of the United States to disa
vwf Con Joel of Commander Carpender, of
.rnericijn steamship- Iris, towards the
eqch ship Eugenie, of jlavre, which had run
near the anchorage of
Thi'eipla,nations given by Commander Car-
I We.n ttr !"Ol of a nature, Mr. Secretary of
, ' ps ,u oijjici mo uicoiiiiriii uitu
i . rfccediagshavechusedto my Gtivernment.
M0B pre as say9 and K still con-
' 1 y
w pchti acnuired bv1 him as the saver of the
fluted fmrmwHfpil him lo keen nodosa.
ion of t
until hi icxtravagant pretensions
uiiru : out nis opinions navo in-
i . . .
i if. i t . I i;.
mmentp to address a severe reproof to that
r.l . T -r,'"r,Hnu itT, hi oruer mat tne
A V MMh-k k n k ! I it iL .
l ' i MH.."tt!, touiiiinicu, on a-point in-
iiitV1!2 ,h? dn'lty )'our national marine,
: , i f; not b.a repe at ed . he re afie r.
jyour answer, Mr. Secretary of State,
.tn jrifortunately induced to believe tliat yoor
j, ; ""v-uirscrioea io me strange aoc
H;profesed by Commander Carpender, of
T,rfr;lcmcr.ijia ; wad I have only to pro-
i icsl in our eves, when we have occasion conceals must hprss.iniv tpnd fo ohslrnct rlii ihrraAii-p intervened, maintaining mat it was
pcohdernn liis;Condiict. . plomatic interdodrse, and are essentially cal their duty, under the treaty with Sp4in .oftbe
called oh the Cabinet at Washington, Mr. ciliated to embarrass rather than to prbjinote A 27th October, 1795, as continued inJlBJ9 and
,tJXk?f otf&ate, in 'lhe name of the French friendly discuss pn of questions that concern the) , 1321. to have the property delivered entire lo-,
BRINER & JAMES,!
test in the n ime of my ' Government against
these doctrinjes. I
I have the honor to be, with distfnguistied
consideration, your most obedient sertant, j
dUIliLAUME TELL POUSSINi
Hon. J. AI. Clayton. li S V
Secretary of Stale.
Secretary ojT Slate to M. Poussjn.
Department of State,
Washingtox, June 5J I849i
nore which you addressed to me 5 11
on the 30th illimo, acknowledging the receipt
ot my letter to you of the 2Sih, traftsmitt ns i
Commander Carpander's explanation of the cir-
! lending his rescue of the Fredch
e," of Havre, was dulyfreceiyed
ana wm e Kommuntcated, togethei Iwith the
refl ,ne correspondence between .you ad
this Deparmtfnt on the suliject, to tbeMiniser
of lho. uile States in. Fiance, wit the in-
stcuclions to submit it to the consideration! of
the French Government." I j
I have th( honor to be, very respectfuly,
jour oocuieuu servant, :
J. M. CLAYTON
Mr. Wm. Tejll Poussin, dec.
The Secretary of State to the Minister of ihe
llnited Stales at Paris.
Department ok State,
Wasiiiegton, June 5, VI 849.
feiR : You Kvill receive with this despatch a
copy ot a correspondence that has recently
1 1 t . I 1
passed between this Department and 3l. Pods
sin, the tone f which, on he Minister's prt,
is regarded a; offensive to- the American Gqv.
ernme"ntr and connof, it is presumed, riieet t ie
approbation cf the Government of thq-Republic
which he represents. !
From these papers you will learnfthat, in
t year, Commander terpen-
der, of the United States Navy, commanding
war-steamer "liis,pad tl)e
to rescue the French? barque
Havre, which had struck on the
, near the anchorage of Antn
e coast of Mexico. Urder tHe
case was one which jusily enti
" Hiiigenie, o
bank of Riso
Lizardo, on th
belief that the
tled his officers and men to salvage, the coirti.
tho rescued .vessel to be moor4d
the " Iris" until he coqld com-
in safety near
munscale ., with
the consignee, SenorpGdme,
but, after waiting thirty hourjs,
nt Vrera Cruz
no answer from, the consignee.
iwi. I In
l. .!. : 1
to deliver, and did deltyer, t
barque over lot
the charge of her capta
. . . ,
uic opiinou 11 r-
entertained respecting the
Commander Carpnder was sup-
ported by Mr,
Llittord, our minister ip Me
co, and his w
1 1 t . t
noie conauct was approved uy
On the 12th ultimo, M. Poussin, under iri-;
st ructions fioni his government, addressed a ;;ellecl ol 111,8 oryection would only be that 1
representation of this subject in a note to this ; sould put the parties to the expense of a new
Department, domplajning, in strong trms,i if proceeding in the Instance Court. ( There is
what he considers to arbitrary and illegal cor. no doubt.that a Court of Admiralty has a gen
duct on the nak of the commander of tie TrlL jeral jurisdiction to reward services of this na-
! suggesting thak that officer should be jeverely !
i.i ' i i Ji.: .Sr. !". -
oiiiiueu, anu usmiig inai spefuy sausiacun
should be given to the just co;nplaint of the H He evidently considered the claim as per
French Repub ic. j t'cily clear, doubtirrgonly as to ther character
The Depart nent lost no time in placing in ; pf the salvage to be awarded ; thatis, wheth
M. Poussin's possession tho explanations of er it should be military or civil.; But the right
Commander Qarpender, which bad been ob ! lo it. notwithstanding the sahrs belonged to
tained from the Navy Department : land; in
communicating them, lhe hope was expressed i
that they would remove all misapprehension t '
the part of the French Government inj regard
i.' 1 . . i .
to the conduct if the American officer.! Con-
mander Carpe ider and his crew had actually
saved the French barque and her erevv frorji
imminent peril if not certain destruction ; and
for this signal
Service Commander Cafpender
Ina rpeoivpil il.i morlio,! iknnirc K..i
and indiguant animadversion from ihelMinii
ter of the. natinh to
But M. Poo'slin himself was not satifid with
the eiolantioil fnrnihnfl a,u wUhn,A J
scending torelir the matter to his Govern rbeult
and await the r inductions, he declared ihp
ex)lanaiions to bo not of a nature calculated tb
dispel lhe discontent ofhis Governmentif Havl
ing also failed o bring upon Commander Caf
pender the severe reproof of this Government
for an alleged error" commuted," as M. Poussin
rashly asserts, 44 on a point involving th: digni
ty of your ou national marine," the; Minis,
ter taunts lhe Government of the Unitecj Slateis
with subsciibiig to the erroneous 44 doctrines? '
of the comman Jer, against which doctrines he
therefore proci eds to protest in the nitme of
his Governme it. I 1
a a ,1 I 1 a i
1 he attention ot this Oovernment would no
; perhaps, have Leen so strongly attracted to thi?
lone and temper of M. Poussin, exceptionjable ajs
they are, had i nt that Minister, on a previous
occasion4 and hat quite recently, mado use of
highly insulting; language, in a note he address-
ed tuahis Govurnment under date of the 18th
April last, the offensive portions of which he
was afierwardi indulgently suffered id witKl
draw. In rest Ivin to overlook this imark of
disrespect was guided by a sincere desire to
om)i nothing would tend to promote the friend-
ly and harmonipus, relations of the two ijfovern.
ments. Rut, ait the same lime, not feelincr dis-
poseQ to counte hance communications from any
quarter which question or impugn ibfcj honor
and dignity of lhe American Governmejit, thd
President has dteemed it proper to direct me to
transmit to yoti the accompanying correspond
dence, which hie wishes you to submit to th4
rrencn uovernment. iou win reaaiiy per
ceive that the
language objected to, and the
. . i
.. ... t' . i. r ill . ;
temper wnicn iu. i oussin nas yiow ueen aute to
. r . . . . ? s' . . t
' honor and interests of lhe two Republic?.
ram, sir, cespectfully, your ob'nt seryit,
JOHN M. Clay-
Richard Rush, EsqM fcc.
The Attorney General to Mr. Clayton
Attorney General's Office,
Ju.ne 20. 1849.
Sir: In compliance with ihe request of Voaf
r if . I
I - " IE T ill II ? . . '
AEE? A CHECK CPOX ALL TOra
SALISBURY, N. C., THURSDAY, OCTOBER 11, 1849.
note of the llih instant, I proceed, to give you
a more formal opinion than I have heretofore
done upon the question some timg since submit
ted to this office, in the case withe salvage
I claim, at one lime made by Captain Carpenter,
ot the Lnited btates steamer Iris. ifi behalf of
himself, office is, and crew, for. saving the
French ship Eugenie, off Vera Cruz, whilst
on the rock of El Riso, near the anchorage of
Anton- Lizardo, in 1849. ; !
I do not understand that ipis denied that the
service rendered entitled the pai ties rendering
10 salvage, except upon the ground that them-
selves and their vessel constituted a portion of.
lne navai marine of the United States. Nor
could such a denial have been made. The pro
perty saved was in the most imminent peril,
ana us destruction certain, but tor the aid of j United States do not now desire to interpose
Captain Carpenter and his men. jl had every , any obstacle to the atlowance of it, if it is deemed
element of a salvage case, and, upon general I reasonable by the Court, it was highly meri
principles, independent of the official charac j terious and useful service to: the proprietors of
ter of ihe .salyors, their title to suah ar allow, j the ship and cargo, and such as by the general
ance 'would have been perfectly clear. The : principles of maritime law js always deemed a
single objection then to the claim ws, & is, that just foundation for salvage, j The rate allowed
they were a part of the naval mirine of the ' by the Court (being, as stated, one third the
Is this a valid oliiectin ? I
and I propose to examine ir.briefly.,
first upon authority, and second, upon principle, j
Unless there be, upon some grotjnd :of recip-1
rocity, adHerent rule upon this subject, in re- ;
laiiou to rrencn vessels and property rescued j
irom aanger, unaer circumstances; ;entilling to i
sal va rre. I hn n Pt Lie in ralihAn in'lin.L.nn 1
other vessels and property, it will lie found, un
o - i-iihiu ivauicmau auu 1
nlL. r. I , I ... !. . -II if f I- i
ion authority, to be a perfectly plain question.
How is the law in England ? Doe there
I exist there any distinction between salvage sef.
I vice rendered by a public and a private vessel,
I or to a domestic and a foreign vessel? There
j does not. This will be plain from the citation
of a few cases. First: That the service ,is
rendered by a public vessel. In the case jpi
the Gage. (6Kob. 273,) civil and mjlttary sl-
, vage were both decreed, and in the Lord Nel
son, (1 Edwards 79,) civil salvage ; in each,
Hhe service being rendered by English menof-
war, and the property saved being also English.
IS objection was intimated by the bar or bench
to the claim because of t he official character of
tthe salvors an omission utterly inconsistent
w'ith the existence thereof a distinction in such
cases between public and private Vessels ren
jdering salvage service Second: Is the' rule
fthere a different one when thek vessel and pro
Iperty saved are foreign; and not domestic ?
In the case of the Pensamenlo Felix, (Ed
wards 115,) the vessel saved was Portuguese,
and the claim actually made by'the falvors was
resisted, not upon that ground, oj" upon the
ground of the public character of Valvors, but
;J3y-;!cntitilng salvage. In answer to this, Sir Wil-
jham Scott said : " Now, supposing iti were clear
Phat ,nere was really no salvage of war, the
!ure.and tbat ,he Par,J would recover by ac-
iion in lh Instance Court."
the naval service of England, and the property
saved was foreign, vas esteemed too plajn for '
I could multiply English cases if I thought it
necessary. 1 he objection, indeed, is nowbere,
that I have been able to discover, suggested ei
Iher in any English or American case, or by
hnv Fiirrli-h nr mpririn onnimenlnlnr. Nor
js jt PCessary to cite but one American case
J heUnited Stales r. the Amistad, '15 Peters,
1318. The facts, as far as this question is con
cerned, were these : The Amistad, la Spanish
schooner, on the 17th June, 1839, ctpared from
Havana, in. Cuba, for Puerto Principe, in the
lame island, having on board Captor errer, and
i Hu.z and Montez, Spanish subjects and fifiy-
four negroes. During the voyage the negroes
, ' i mi j i . ? j i - - r
rose, Kinea me captain, aau iook possession oi
, , , (. r i
the vessel. They spared the lives of Ruiz and
I. . .. - J. 1 . . -i. . .,
I T'l.Q.f cnorarl IhA IVOS rC Vf t T O n H
piontez, on tneirgengaging loaiq, in steering tne
schooner for, Atrica, or lo a placeuvhere negro
slavery did not exist. The negroes were, how
ever, in this deceived, and lhe vesselsteered for
the United States, where she arrived off Long
Island on the 26th-of August, and f anchored
ivithin half a mile of the shore. In this condi
lion she was discovered by the United States
brig Washington, Lieutenant Gedney. With
the assistance of his officers and crew, he took
possessionof herand of thCnegroes, andbrought
(hem into the district of Connecticut; and there
libelled vessel, cargo, and negroes for salvage.
The Spanish owners of a part of the cargo filed
iheir claim to it, and denied salvage. The Dis-
tiict Court decreed it lo Lieut. Gedney, hisof-
fieers, and crew, lo the amount of ohe-lhird of
the value of vessel and cargo rejecting it fbr
, the negroes : and the owners ot the cargo ap-
pealed to the Circuit Court. That Court af-
. firmed in d forma the decree, and ihej case was
; brought to the supreme Court oi ttie unnea
States. There were many other fquestions,
growing out of facts which I have riot stated,
because they have no bearing"up0n the one I
am considering, ft will be seen fhaf, as far
a?s that question is involved, the easels directly
in point. The property saved, vessel and cargo,
were foreign, and lhe salvors a port)on'of the
riaval marine of the United States, on board a
I public vessel of the United States. ItAwaseven
.t?- .1 . .1 iLi. IT:i. J
' stronger in tois, tuai mere mc (.'iinvu omics
i . . .... j i .
sklva-e or any other claim. The theti Attor-
" ' j.. . , , .J. t ,
iict viruciaii i. i. -v-. a
va.. f 2 n . n i ir Ui nm. ronriiifies nis arzn-
ment bv savins lhat "the Court below lias err-
. m ft-
eil, because it has not decreed any pait of the
property (to be delivered entire &c. From the
vessel and cargo, it has deducted the? 5. salvage,
diminishing them by lhat amount." : But nei-
t&er in thetmrrl above nor below was ihelitle
t9 salvage contested, except upon the ground of
! t .4 n -' I ...tiL..l r. rr titam.nl Fnp i
Do Tnts, ajid Liberty is safe.
theisupposed treaty obligation to restore Span- (
ish properly in theconditiopi in.w hich this was ' ing out of the claim to salvage by Commander merican Government conducted thai correspon
found. It was not oretendtid that anv objection Carnenter. tf the ITniipH Smt war ticamr drnce. whirh wan nt nnl rrurtfr,ti" am!
to it existed in the public c
laracter of the sal-
vors or of their vessel. Ii giving the opinion j
of the Supremo Court, Mr.
justice Story says
Pso question has been hejre made as to the
proprietary interests in the; vessel and cargo.
It i3 admitted that they belong to Spanish sub
jects, and that they ought tol be restored. The
only point on this head is, whether the restitu
tion ought to be on the payment o f salvage or
not." (15 Peters, 592.) And, alter examin
ing ihe other questions whith the case present
ed, he concludes the point of salvage in thes
words : A's to the claim of Lieut. Gedney for ' the 7th of last month, a copy of which 1 trans
his salvage service, it is understood that the i milled.
value) does not seem lonsthhavu been bevond
the exercise of a sound discretion, under the 1
very peculiar and embarrassing circumstances
of the case." And , he debe? as to that was
accordingly affirmed. Thi must be held to be
conclusive upon the proposition. The point was
distinctly made, and distinctly decided. It is not,
lkn.f.rn.A U L ..!..!
mcicioic, wuu us au open qursiioii, nor lnueeu, oiau sieunier vasningion, irom ooutnampton,
- .- ' i . . . . .!., '
opon the pretensions upon which I understand
it to be resisted in the case of Captain Car
penter, (the public character of the salvors,)
was it, in England or the United States, ever
doubted.' In the case of the Amistad that cha
racter existed, as also the foreign ownership of
the saved properly ; and it jwas in relation to
service so rendered, to property so owned, that
the Court said that it wasf " such as by the
geiferal principles of maritime law is always
deemed a just foundation foij salvage."
Ihe doctrine upon the subject is therefore
obviously the same w ith us ks in England, or, i
J , wt
to use tne ranguage ot otory, in his edition ot
Abbot on Shipping, page 379, No. 1, "the
general principles as to the j allowance of sal-
vage are the same in American as in English
The only point, therefore, ithat could possibly
arise in the present case is, ivhether we have a
different rule in regard to the salvage of French
property. l ean find none stated or intimated
any where. The rule I hold, then, to be uni
versal in the United; States,' that salvage ser
vice rendered by the naval marine of the Uni
led States is to be compensated in like manner
as that rendered by ihe private marine.
And this brings me to inquire, secondly, How
should the rule be upon principle ?
That the public policy of all nations should
encourage a service of this description is man
ifest. Safety of life and property demand it,
and the experience of the Commercial world
recommends it to universal adoption. It is the
end to be attainedyhich entitles it to and se
cures to it public favor, irrespective of the cha
racter of the means by which it is accomplish,
ed. The former addresses ijself with persua
sive influence to all. Tho end, as life and pro
perty are dear, is, if possible, to be secured, and
all fair and lawful means to effect it are conse
quently to be encouraged. Why, then, is it
that the" officers of public armed vessels are
noHo have the same incentive to exertions ne
ccssa.rif to the end with others ? Are they un
der any other special obligation to do such
deeds of kindness and humanity ? Tho officer
and the citizen are alike impelled to such ser
vice by general considerations of social duty.
But the law has deemed it wise to add to the
incentive of mere duty that of pecuniary re
ward. The service is often attended with great
peril, and the experience of the world has prov
ed that it should be stimulated by the prosjicct
of pecuniary compensation. I In the language
of Sir William Scott in the case of the Louisa
Dodson, 318, 44 and, though it is certainly the
j3uty of the King's ships to afford assistance to
all his Majesty's subjects whqm they may meet
nilViin rlictraee t?at T A srt r r r- nr f rv a it is innnm
b Qn em' ha2ar(, h of ,heir
r- i -,l . i ; r a
lives, and without any prospect of reward, to
. nhar(r(, r a . ' - a B1 k;nw slnlp. Anv
i i li a siiii in oiiirviii.
; ... r j- .J
hesitation in affording assistance
,T fc I i O. J
in affording assistance might be of
dangerous consequence to thei property of per
sons so circumstanced, and it'is therefore pro
per, nr the encouragement of prompt and sig
nal exertions on the part of Kjing's officers and
men to hold out to them the prospect of re
The whole doctrine rests, iln truth, upon an
enlarged policy, and from itslvery nature must
be irrespective of the private !or public charac
ter of thecal vors. In the vr)rds of Chief Jus
tice Marshall, in the case of) Mason et al. vs.
Ship Blaireau, 2 Cranch, 210 a French ves
sel, by-the-by, rescued from dinger by the cl.ti
mants of salvage 44 the allowance of a very
amphi compensation for thesftjservices (one ve
ry much exceeding the mere jrisk encountered
and labor employed in assisting them) is in
tended as an inducement to render them, which
it is for the public interests aiid for the general
interests of humanity to hold forth to those who
navigate the ocean."
If such considerations be wjell founded 'and
who can doubt it ? it might prove a perilous
experiment for France to adqpt the rule, and
obtain its recognition by the other nations of
the world, tbat no salvage shall be allowed
those who might rescue French life and proper
ty upon the ocean from impetlding destruction.
I There is, however, no sucbj rule now exist
! ing, and I am therefore very clear in the opin
ion that the case before me kvas one for sal-
I have the honor to bei, kc.
Hon. JoiiN M. Claytox. Sed'ry of State.
TheMmtsleroj the UnUed Mfztes in rrance w
i o . r c,.
ie tzecrviurv ui j-.
Legation ofthe United States,
I Pabs -of1 13 199'
r v it 1 L t r--f
Sir : 1 acknowieogeu in mj numucrai JUUI
number,36 of lhe 5lh of Junet covering a copy
oi The correspondence (and documents belong -
ig4o ) between the department and Mr. .
VOLUME. VI NUMBER 23.
Poussin, French Miuisterat Washinion. rrow.
for rescuing the French barouo 'Eugenie.'
when she had struck on thts bank of UUo ; and
of another case, in which the Miniter prefer,
red a claim to indemnity on behalf of a French
merchant, for an alleged grievance suffered
when our army was in Mexico ; the tone of
which correspondence on ihe parlofthe French
Minister was deemed offensive to our Govern
My number 93 next informed you that I had
submitted ihe correspondence to the French
Government, with an explanatory note, dated
I ha ve now the honor to enclose a copy of
the answer from the Minister of Foreign Af
fairs. It bears date' the 9th instant, and was
As your instructions of the 5th of June, sim
ply charged me to submit the correspondence
to the French Government, 1 do hoI feel that I
have any warrant to discuss the answer of the
Minister of Freirn Affairs.
Mv duty, as it seems to me. will be fulfilled
hy hastening to enclose it to you for the Presi-
dent's consideration. !
This despatch will go by the Bntish mail
steamer that leaves Liverpool on Saturday, and
a duplicate of it wilt follow by ihe American
l' - L . r r-. .1
I have the honor to remain, with great re
spect, your obedient servant,
Hon. John M. Clayton, Sec'ry of State.
de Tocqueville to Mr. Rush.
Paris, August 9, 1849.
Sir: I have received with the letter which
you-did me the honor to write to me on the 7th
of lasl monlh lhe coly of ll,c correspondence
I'll.. . .
which has taken place between he Secretary
of State for Foreign Affairs of the United States
and the Minister of France at Washington, up
on the subject of two claims, which the latter
had been charged to present to lhe Federal Go
vernment : one against the irregular detention
of the French ship I'Eugenie, by Commodore
Carpenter, off Vera Cruz; and the other for
lhe purpose of asking for an indemnification in
favor of M, Port, a French merchant, for lhe
abrogation of the sale of a certain quantity of
,.A . 1, r ... u: i... .u- .n
,L"1'U ."ov.v o,i io u.ui uj iuu uouimauucr oj
tne American iorces at I'ueoia.
These two affairs, having hiiherto been dis
cussed at Washington, where they are to be
concluded, it is not my province to examine
iheir merits. -Besides, I am too certain of the
integrity of the Government of the Union to
doubt that if will ultimately acknowledge every
claim founded in right; and, on its part, it can
not think that the French Government allows
itself to be drawn by the desire of protecting its
subjects to support pretensions the justice of
which has not been demonstrated to it.
These sentiments of reciprocal confidence
being of a nature to avert and prevent, in the
discussions of privale interests, those suscepti
bilities and misunderstandings which cannot
fail to complicate them, we have seen with as
much astonishment as regret the turn which
the communications exchanged between our
Envoy and Mr. Clayton have taken. Even be
fore 1 had received the letter which you have
written me to call my attention to them, M.
Poussin had transmitted copies of them to me.
1 nau been pamtutiy impressed to nnd in that
correspondence a tone of acerbity and harsh-
ness very little conformable to the friendly re
lations between the two countries; but I ought
to say, without entering into useless recrimina- '
tions, without seeking for the side whence lhe
first injuries proceeded, it had appeared to me
that this observation was not alone applicable
to the letters written by the M inistcr of France.
M. Poussin, doubtless misconstruing some
expiessions in those which have been address
ed lo him by lhe Secretary of State, believed
he saw in thein a want of respect, for which
he may have manifested his resentment with
loo much spirit ; but if a passage of his letter
of the of April may have hurt Mr. Clayton,
it seems to me that there is no longer any
ground to take advantage of it against him af
ter he has consented to withdraw it ; and he
has given a pretty signal proof of his concilia
tory spirit in abstaining from animadversion
upon an expression in the answer addressed lo
him by that Minister on the 21st of April, which,
estimated with a certain degree of susceptibil
ity,"1might have seemed to be raiher an imperi
ous summons than a diplomatic invitation.
Furthermore, sir, it is not necessary for me
to tell you that I entirely concur in the opinion
which you express upon not deviating in nego
tiaiions from lhe observances and forms of a
I invite M. Poussin never lo forget this rule
' in his intercourse with the Government of the
United States, and I am sure that, if it be re
ciprocated, the observance of it wiil be rendered
easy to him.
Receive, sir, the assurance of the high con
sideration with which I have the honor to be,
i your very humble and obdient servant,
ALEXIS DE TOCQUEVILLE.
The Secretary of State of the United States to the
Minister of Foregn Affairs of France.
Department of State,
Washington, Sept. 8, 1819.
M. Alexis de tocqciville,
Minister of Foreign AttV.rs of the French Republic.
Sir: I have, received a despatch from Mr.
Rush, ihe American Minister in Pari, of the
13ih of August, covering a note from you to
him, dated the 9th of that month. Both have
been submitted to the President, wilh the cor-
responaence to wntcn tney re ate.
Rosh is returning home, and Mr. II
Ua hdon i nnrii nf H Irk flfrPfrl Kim n Minis
ler to France, has probably nol yet arrived in
; Paris, I hasten to avail myself ofihe onlyjneans
f r m m iiniAftlinn tiAln-nan tVtt. nVP T fl ITI C n 1 8
t we represent, addressing you direcuy on tne
; subject of your note. .
pondenre which look place bettveen I he. Sec ;
retarybf State lor Foreign A fT-tir of th United -,
States and the Minister of France af Washlngi: ' ;
ton' from which it must have been olmous Id--your
mind that the latter had repeatctlJy andf -
gratuitously iidJresseJ comnuntcattons lbhij r
Government highly ofKrnslvo and iJIicoarteous,
both In manner and in substance. ? (
That correspondence was subrrrittd simply
to enable your Gorernmeut to decide vpon the
proper course to be taken i a regard to4ts ora
Minister. You appear to have considered , ho '
occasion as one which' called upon you to con
struct an apology or thai Minister, by indi. "
criminately censuring both parties to. ibe cor.
respondence. You were- not invited to decide
as an arbiter upon the mode in which the A-
spctful in terms, but cntirclr unexcebfionable
in spir it ; and you could not have failed lo ob.
serve that this Department had not, in any in
stance, descended to recrimination, whether
useless or otherwise, with Mr. Poussin. i
Should the correspondence of any Minisurrof tht Re
public prove insulting to the friendly Government of.
France, that torenun-nt is Ux confident of our uVsIre
to maintain kind relations with it to doubt that the Pre
sident of the Uaited States would feel it to bo a hijh dit
ty to examine the coui plaint, and to reader a, protnyl and
proper atonement- fur the injury. But the isue presen
ted in the corresrxmdencc of Mr. Pounin cannot bo ers
ded by auy charge of recriminations. If that charya
can bo made with any shadow of trnth, let it ba separ
ately presented, and it wilLbe promptly aa4 tuoel respect,
fully considered. -1
The President instructs me to say to your EtceGea
cy that, as from the whole tone of your commnaieatjo
to Mr. Hush, which has struck him with much sorprwe,
it would seem that lho disrespectful langaafe of the
French Minister at Washington has b-ien received with
indulgence, and held worthy of palliation by ihe'disUn
guided Minister of Foreign Au"irs of France, wfeo ha
martif.-sted no tiijHsivion t redress the wrong, ho, as the
Chief Magistrate f the United States, feels hjmsclf now
at perfect liberty, and in fact Constrained, with a view to
preclude opportunities which inigbt bo again abused, to
P,rforin' .Y,1KHI1fe any further dHay, an uupleasait duty, 1
This Government is the guardian of its own honor,
and, as on all occasions it sreks to avoid giving causeof
" 'w ' 1 f r munw toimroimnai diircfpsru
Hy the tune this letter reaches your Excellency, Mr.
Poussiu will have been informed thafno further corres
pondence wiil be held with him by the Executive of the
United States, and that every proper facility will be af- .
forded him should he desire to return to Fraucc
The President further instructs me to expreiwloyour
Excellency the friendly sentiments of himself and of this
Government for the President, the Government, and the
People ff France. He d.es not doubt tliat thesa kind
sentiments are reciprocated by ihrin, and he anticipates,
with lively satisfaction, the arrival of Mr. Poussin's suc
cessor, with whom it will b- the study of this (Jortru
ment to cultivate agreeable and friendly intercourse,
in the terms and the spirit of mutual courtesy, which .
will be equally honorable to both the sister Republics.
In the mean time prompt and respectful attention wtu
l Pv ar communication touching the interests of
mil rfnotlv. A tnntn.. u-hi.h n-v ki tnul. thmniYh knv
other diplomatic agent whom the French Government
may see fit to select.
I avail myself of this opportunity to ofier to yoor Ex
cellency the assurance of mv moet distinguished consid
eration. JOHN M. CLAYTON.
Department or State,
Washington, Sei-teiise 14, 1849. j
Sir: The President has devolved upon me the duty
of announcing to you that the Government of the UuU
ted States will hold no further correspondence with yon
as the Minister of France ; nd that the necessity which
has impelled him to take thisstep at the present moment
; has made known to y)m Gorernmcnt.
mutweatmg the i resident s determination m regard lo
Yourself personally, I ava l myHf of the oreaioa to add
that due attention will bo direrfiilly given to tiny com
munications from the Government of France, altecting
the interests of our respective Republics, whidi may
reach this Department through any othAr channel.
Your own Government wil! be able to explain to you the
reasons which have inlluenced the American Executive
in delaying die present communication until this period.
The President has ins true leucine further to say, thai
every proper facility for quitting the United States will
be promptly given, at auy moment when you may bo
pleased to uignify ihut it ii. your desire to return to
I am, sir, very respectfully, your most obedient ser- '
vant. JOHN M.CLAYTON.
Mr. William Tell Poisjn, &.c.
When, some three years since, that por
tion of the American people who believed
the war with Mexico wis unnecessary
and unjust, exercised the freeman's prtv-
ilege and gave utterance to their sent!-
me tfa . rounJ, abused
, JL . ,
uy itic lutuiucu-jiii'as, uui ctcu l icsiucin
Polk so far forgot the dignity ofhis station
and bis good manners as a gentleman, as
to charge moral treason on those1 citizens
ofthisjree country. All who ventured .
an opinion adverse to the policy of tho
Administration, was charged with giving
"aid and comfort" to tho enemy. By no
one was this Presidential slang more free
ly retailed than hy thr editor of the Union.
Against the National Intelligencer, partio
ularly. were the Union's charges aimed. ;
The "foreign affinities," as they were term
ed, of the Intelligencer, supplied the Union
with almost daily' editorials, and Messrs.
Gales tc Seaton were held up to the pco
pie as very little, if any better, than trai
tors. Our country, right or wrong, was
then the slogan of the Union. Now how
ever, the tune is changed. The Pemoc
racy have not the management of our
foreign relations, and they do not hesitate
to exercise tlifi right which they denied
to their opponents. The Union and the
New York Evening Post are siding a
gainst our own Government in the dificul
ty uiib Fran cp. Now, while we utterly
disagree with the Editors of these papers,
and believe that our Government acted
precisely as it should have done in regard
to France, we congratulate them on hav
ing, even at this late day, discovered that
an American citizen can freely criticize
the policy of bis Government without
commiting "moral treason" without giv
ing "aid and comfort" to other nations.
If the Union and Post really believe tliat
our Government is to blame if ihcy are,
not influenced by that captious and cav
iling spirit that has prompted ihem to as
sail every thing that the Administration
has done, or left undone, they are right to,
give expression to their views, and no one,
hut he who is fit to be a slave, will charge
them with "moral treason" or wilh giving
"aid and comfort" lo France, Petersburg
Arkansas Marble. The Little Rock
(Ark) Democrat says that black marble
has been discovered near the head of
; Wi,;fa Tw-i.r
jtca.uuua. , .bw..f "fig
It appears on the bank on cither st of