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135 Series III Volume II- Serial 123 - Union Letters, Orders, Reports

Page 135 UNION AUTHORITIES.

of the consul of the Netherlands than to indicate that they are believed really guilty. You should not, therefore, be surprised that I recoil from the supposition of culpability, and that as for myself I could not consider the deposit otherwise than as legitimate until the contrary be proven. It is for Major-General Butler to prove what he alleges; ei in cumbit probatio qui dicit, non qui negat (the burden of proof lies upon him who asserts, not upon him who denies), say the Pandects. It is not for me, it is not for our consul, to prove that he is innocent. Prima facie, the money delivered by the Citizens" Bank to the agent of the house of Hope & Co., to be transmitted to that house or to be deposited with the consul of the Netherlands; is a legitimate money, legitimately transferred.

I could not, without having-received (obtained) the orders of the Government of the King, participate in any manner in an investigation which would tend to investigate that which I could not put in doubt-the good faith of the agent of the house of Hope & Co., the moral impossibility that that Honorable house should of the Netherlands.

Quilibet praesumitur justus, donec probatur contrarium (everyone is to be resumed honest until the contrary is proven), saith the ancient and universal rule of justice, and this rule is true especially when it applies to persons such as those as are in question here.

Consequently, while awaiting the orders of the Government of the King, I reserve all the rights and all the demands (claims) which may be based, either by the Royal Government or by the Netherlands consul or by individuals, upon the seizure of values, titles, or papers deposited at the consulate of the Netherlands at New Orleans, and more especially upon the reprehensible and censured manner in which this seizure has been made. But if one the one hand, Mr. Secretary of State, I must reserve, in their entireness, all the demands which the Government of the King, the consul of the Netherlands, and the persons interested might hereafter have to sustain, on the other hand I am happy to give you the assurance that the Government of the King, upon an eventual representation on your part against the conduct of the consul at New Orleans, will receive it with all the consideration and will right it with all the promptness which the excellent relations which for so many years have existed between the two countries may lead to expect from the Government of the august sovereign who maintains, and will ever maintain, the motto, Justitia regnorum fundamentum (Justice is the foundation of kingdoms.)

I have the honor, Mr. Secretary of State, to request you to be pleased, at an early day, to acknowledge the receipt of this note from me, and I avail myself of this new opportunity to reiterate to you the assurances of my high consideration.

ROEST VAN LIMBUR.

[Inclosure Numbers 6.-Translation.] LEGATION OF THE NETHERLANDS, Washington, June 7, 1862.

Honorable Mr. SEWARD,

Secretary of State of the United States of America:

SIR: In my note of yesterday, of the 6th this month, I have had the honor to offer you my thanks for the ample and decided manner in which the President and the Government of the United States have censured the proceedings of Major-Generals Butler toward our consul


Page 135 UNION AUTHORITIES.