The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1852-12-18
From the Cleveland Herald.
Ihe Crescent City Difficulty-Lettcr from the
President,

PRESIDENT.
On the 10th of November, the steamer Crps-
cent City again visited Havana. with Purscr
Smith on board. The mails and passengers
were landed, but Smith was not pcrmittc1 TO
go on shore. On the eve of sailing. Captain
davenport: I. 5. ~, who had taken the place
OF Captain Porter. L. S. NJ received a note
from Messrs. Drake d Co.. consignees of the
steamer. enclosing copy of one to them from
Martin Galana the political Secretary of the
captain General, notifying them that the order
forblddIn% the entry of the Crescent Citv into
the port of Havana. should that American
steamer have Mr.. Smith on board, will be en-
forced in future. Capt. Davenport wrote in re-
ply to the consignces that Mr.. Smith would re-
turn in the ship, and the consequences whatey-
er they may be- the Spanish authorities will be
responsible for.
Thus stand the warnings and the threats
Inc Crescent City was injured on the trip so
that the Cherokee had to take her place the
last trip from New York. The Cherokee sailed
for Havana on the 9th. but without the I -ntcd
States Mails, which were Withdrawn hy order
OF the Government by Capt. Baxter. Purser
smith was on board. The letter of President
Fillmore and the comments of the Republic on
the subject will be found below:
WASHINGTON, Nov. q.
The lntelligcnccr OF this morning contains a
letter from President Fillmore to Hugh Max
well, Collector of the Port of New York. in an
swer to letter from Mr.. Maxwell inGuirinp
whether Mr.. George Law, the agent of the Z. S
Mail Steamer, was right in pcrsisting in the
sailing of said vessel to Havana-the sending
ont of Mr. Smith. &c. The following is the re-
ply of the President:
II do not admit the right of Mr. Law. or any
o,ner cltlZcn. TO threaten war on his own ac-
count, !or tne purpose Of seeking redress for
real or imaginary INJURIES. and then to call on
the Government, whether it approves or d;sap-
proves OF such conduct. and assumes its appro-
baton. unless the act is forbidden.
The Constitution of the United States has
vested III Congress alone the power of declaring
war, and neither the Executive branch of the
Government nor Mr. Law can usurp the power
by commencing war without its authority and
fhe attempts it, it will be my duty. as it is nv
determination: to exert all the power conferred
on the Executive Government by the Constitu
ton and laws to prevent it, am resolved. at
every hazard, to maintain our rights, in this
controversy against Spain and | am equally
resolved that no act of our own citizens shall
be permitted to place this Government in the
wrong.
Mr.. Law has an undoubtcd right to pursue
his lawful business but when the question is
raised between this Government and foreign
power. as to whether the business he pursues is
lawful or pursued in a lawful manner, the deci-
sion OF that question belongs to the two Gov
ernments, and not to him. If the object he to
assert his right to enter the port of Havana
with such persons as he chooses to select. in de-
flance OF the law and Government of Spain. he
has certainly done enough to present that uues-
tlOn for the decision Of the Governments of the
United States and SPAIN and the negotiation
has already commenced, and our rights, as |
understand, have been asserted, and. as said
before, will be maintained but the acts of this
Government cannot be controlled by the inter-
ference of any individual and it is certain. if
Mr. Law repeats these attempts for the purpose
of settling this controversy, and in so doing vi
olates the laws of foreign nation within its
own jurisdiction, and thereby loses or forfeits
his vessel, he can expect no indemnity for such
an act of folly from this Government
"We regulate the terms and conditions upon
which all foreign vessels enter our ports and Gx
the penalties for violating our laws, and the
right to do SO we shall never suffer to be ques-
toned by foreigners, and we do not question
theirs to do the same thing We must wait the
result of the negotiations between the two Gov
ernmcnts.
This is question not to be settled by him
and Cuba, nor between the United States and
Cuba, but between the United States and Spain,
which alone is responsible for the conduct of
the Government of Cuba.
IL write in some haste, as the mail is about
closing, but you are at liberty to make known
the contents of this letter to Mr.. Law. and in
form him that as a good citizen. presume he
will not attempt any violation OF our neutrality
laws by attacking Cuba.
MILLARD FILLMORE"
The Republic. commenting upon this letter.
says that Mr.. Law. on being apprised of the
contents of this letter, replied that his intention
in relation to making war on Cuba, was a mis-
understanding. 1t also announces that Daven-
port has been remOved-that no other officer of
the navy will be permitted to enter the service
of the Company SO long as the managers adhere
to the present practices, converting visits OF
vessels into sources of annoyance to Spanish
authorities. With view to preventing rep