North Carolina Newspapers

V a . !--, . j .. - v. .1 .... I :, f v ! " - - . . : x.. ' b - ::.: ! t - I- V ! -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. flS PAPERS rr ATlW.TO TUB DIPLOMATIC MISUN- I - flPVTO KIT 1 K INJTKl) STATUS AN D THE 'jS'NldTKJl'"' FKANCE TO THIS COUN- CONCLUDED. ' 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, r a 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, four IbedientserranU "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 th cir ac- 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- - ! 1. ta 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 -.771 ' 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. r'l 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. f '1 JOHN M. CLAYTON. 1 Mr.(NVrM. Tejx PorssiN, &e. Translation 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 izardlo. 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- Ct tnil.J 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,! ttor Proprietors. 1 ' 1' 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. 'A Secretary ojT Slate to M. Poussjn. Department of State, Washingtox, June 5J I849i Sir: The 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 '1 Mr. Wm. Tejll Poussin, dec. The Secretary of State to the Minister of ihe 1, 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 United Slates 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 good fortune " Hiiigenie, o bank of Riso Lizardo, on th belief that the tled his officers and men to salvage, the coirti. iiiauut;! cuuskli j 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 and no answer from, the consignee. isigneu, yer, the iwi. I In tie right l. .!. : 1 to deliver, and did deltyer, t barque over lot the charge of her capta . . . , uic opiinou 11 r- entertained respecting the to salvage, 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 that Minister. 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. i f- The Attorney General to Mr. Clayton Attorney General's Office, Ju.ne 20. 1849. Sir: In compliance with ihe request of Voaf r.l . r if . I I - " IE T ill II ? . . ' AEE? A CHECK CPOX ALL TOra i RCLEES. 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 United fctales. Is this a valid oliiectin ? I think not 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 ? fCleaily not. 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 Ithat there 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 ' question. ? 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. Geril Harrison. 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 these j 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 jurisprudence." 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 ward." ; 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- vage. I have the honor to bei, kc. REVERDV JOHNSON. 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. . NEW SERIES. 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 !' merit. 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 received yesterday. 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 on Monday. I have the honor to remain, with great re spect, your obedient servant, RICHARD RUSH. Hon. John M. Clayton, Sec'ry of State. Mr de Tocqueville to Mr. Rush. Translation. 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. Till 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 benevolent courtesy. 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 As Mr. ives, who o . 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 .w.. ---- 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 n 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. In com 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 France. I am, sir, very respectfully, your most obedient ser- ' vant. JOHN M.CLAYTON. Mr. William Tell Poisjn, &.c. MORAL TREASON. 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 Intelligencer. 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 i 1 If Mm V