No. 10.
Mr. Frelinghuysen to Baron Schaeffer.


My Dear Baron: On my return to Washington I find your unofficial note of the 8th instant, with its inclosed memorandum touching the occurrences on board of the Hungarian vessel Mimi P., in the port of Philadelphia.

The facts as stated do not enable me to express my opinion as fully as I would wish. If the assault was committed upon the cabin boy in port, it would be cognizable by the local courts as a breach of the peace. If upon the high seas, question might arise as to what court, whether municipal or maritime, would have jurisdiction. Under any circumstances the action of Captain Randich, while in port, in resisting the officers of the law, constitutes, I think, a cognizable breach of the peace.

The tenth article of the treaty to which you refer seems to provide only for the consul’s presence and assistance to a shipmaster in proceedings he may desire to take and declarations he may be called upon to make before the local authorities. I am disposed, however, in equity, to extend the privilege of the consul’s presence to all judicial matters to which a member of the ship’s company may be a party; and if you so desire, and will address me formally on the subject, I will address a letter to the governor of Pennsylvania, giving my opinion in that sense, and asking that the local magistracy be so advised.

I am, &c.,