The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-28
IMPORTANT FROM WASHINGTON.
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THE CRESCENT CITY AFFAIR.
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Most Extraordinary Letter from Presi-
dent Fillmore to Collector Maxwell.
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Tie Position Of the Government Defined.
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The Opinions and conversations OF Mr..
Geo. Law Misrepresented.
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True STATEMENT OF THE CASE.
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Interesting Correspondence,
So, &c., 80.
THE CRESCENT CITY AFFAIR.
Tie Position Of the Government Defined.

The Administration and the Crescent City.
lFrom the Washington Hepablio, Nov. al
As the presses in the interest Of Mr.. George Law
per in their efforts to misrepresent the position Of
the administration in reference to the conduct Of
Shat gentleman and his manag ment of the Cres-
cent City, we have obtained permission to publish
The following copy of private letter addressed by
tho President to the Collector Of New York. Mr..
Fimoro, it will be seen, expresses the determine
zion have always attributed to him, to maintain
the rights Of the country as against Spain and ut
4Le same time to bring into play the full powers of
xhe government to restrain all lawlessness, and all
attempts at lawiessness, The part Of any of our
citizens.
CsRivATEl
WAssIscToN, Nov. IL, 1852.
Hon Hucn Maxwell, New York City
Your of yesterday TO hand this morning In
which you state You have had with Mr..
George Law from which you learned that the Crescent
City will go Cuba and the port of Havana In de-
Dance OF the Spanish authority and If fired upon, she
will be surrendered, and tnat then he aud others will
inmediatsly commence hoftities against the island"
You say also that he desires know whether he Ia
right in persistng in the pursuit II bis lawful business
md that tho government shall tell him he must not
%, he viii not 60. If however, the government says
nothing against his going, he will infer he has right
yo You s&y also, that he processes to be friendly
me and my administration" " or the sincerity Of this
latter proft best judge by reading his letter
of the 9th published in the New York HERALD Of the
10th inst.
But in regard to the chief matters Of your letter. per-
nit me to say that, in the rst place. do not admit the
right Of nr Law any other private citizen to threaten
war his own account, for the purpose Of seeking
dress for real or imaginary injuries and then to call
upon the government to whether approves dsap
proves such conduct its appreciation unless
the act is forbidden. The Constitution of the United
States has vested in Congress alone the power declaring
war, and neither the Executive branch Of tho govern
ment, Mr. Law, has any right to usurp that powsr
by commencing without its authority and il he
shall attempt it, it will be my duty 1t is my determi
nation to exert all the power confded to the Executive
government by the Constitution and laws to prevent it,
IaM resolved, at every hazard to maintain rights
II THIS controversy as against Spain, and am equally
.ftsolYed that aot of own citizens shall be per-
- ed 10 place this government in the wrong Mr. Law
tas unaoubted right to pursue his lawful business;
Gut when question Is rased between this government
and foreign nation TO whether the business which he
sues is lawful pursued in la sful manner, the de-
con of that question belongs to the two
and not to him. If the Object be to assert his right to
enter the port of Havana with such persons as he may
choose to select in defiance Of the laws and governmen
p Spain he has certainly done enough 20 present hs.
question Tor the decision of The governments Of Spain
and the United States and the negotiation has al
ready commenced, and our rights as We understand
them have been asserted, and as said before will be
maintained but the act OF tins government cannot
be controlled by the interference Of any individual and
1t is entirely unnecessary that Mr.. Law should repea.
these for the purpose Of settling this controyr
y and If nc wfuy does So and in SO doing violates the
laws OF q foreign nation within its jurisdiction, aud
thereby loses or forfets his vessel be expect no in
delnnity such act OF folly from this government
We regulate the terms aud conditions upon which eli for
cgn vessels shall enter ports and we fix the penalties
for violation CT laws and the right to do so we shall
never suffer bo questioned oy Foreigners and We DO not
question theirs to do the thipg He must wait the
result OF the negotiations between the two governments
This question not TO be settled between him and Cuba
nor even between the United States and Cuba but be-
tween the United States and Spain, which alone repon
sible for the conduct Of the Governor Of Cuba.
write in some haste as the mail is closing but you
e at liberty TO make known the contents OF this letter
to Mr. LAW and to inform him, that as good Citizen
presume be will not attempt violation Of our neu-
crafty laws, By attacking Cuba.
am, truly yours,
fsiened) MILLARD FILLMORE,
We urderstand-and it is Que TO Mr.. Law to say
that, when apprized Of the coatcnts OF the noove
to making war upon Cuba had been misunderstood
by Mr. Maxwell
The subsequent course Of the Crescent City,
guided, il is presumed by the instructions OF the
steamship company, has forced upon the govern
xaent further action in the premises. Passed Mid
shipmau Davenport has been removed from the
command Of the stea amer /; and We believe that no
other officer Of the navy VIII be pafn.ted 10 enter
che service Of the company 50 hng as its
managers adhere to their pTsssms psaetice
rf con sertug the visits Of their ve1ae ias
Of annoyance 10 the Spanish oihchlS Was tne
view Of preventing repetition OF 10 tAivry wnicn
Ale failure 10 ensure The delivery Of cue Havana
Traiis rhicts upon the mercantile Glasses OF Cu5n
ard q cur own country, the Postmaster Generai
has directed that the mails shall not ce sgain de.
pached in tAc CTescen CITY, or IN any other OF the
c,omtsny's stes mers which may have Purser Smith
or board In that case the mails viii DO trans
mt,e al TO Charleston, and thence by the steamship
,gtrrrcd Of all sembance Of official character or pat
ronage IL Nr Law choose to retain Purser Smltn
ON board, the Crescent City will sail a. pri-
yste steamer, commanded by merchant captain,
and having lie rretenoe 70 claim immunities or con
fsidcration Us an agent Of the goyernment Inc au-
fhorities of CUBA may deal with - as with any
other vessel violating their local laws anu
kions and the oonsequcnces ~lll resi- upon WI
laws heed Our government will stand ac1Ntteo
by spsp and by this country Of all participation IN
cSnduct that is calculated and designed 20 annoy
ore and to increase existing irritation 10 the otner
in doing this, the Administration docs ~, Pis-
Etnt Mr. Law from the pursuit OF his liEial DUST
mess" Other merchants and shpowners experience
mo difficulty In their intercourse with Havana
They go and come without injury or moleatation !;
and they never dream of calling upon their govern.
nent TO protect them from the police regulations of
Havana, or to wage war against Spain because her
Cuban representative deems certain precautions
necessary to tho maintenance Of peace on the
island If MIR. Law wore. content with the = pur-
suit Of lawful business" this unpleasant con
xsoyersy would speedily be brought to an end. la
faos, however, he claims to be placed by tho
government above the operation. of the laws
Abe Captain General shall impose, and what aunul;
xnd he considers himself aggrieved because the
government refuses make bis quarrel its own, and
10 cover with IT'S sanction tho insulting ana lmpfo
s,er demesnor ef his officers. The motives that in
4u nee Mr. Law we co not pretend to divine.
papers which cannot be suspected OF bias IN
fayor of the administration, suggest thai ms con-