New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-20
LATER FROM HAVANA.
ARRIVAL OF THE CRESCENT CITY.
PROCEEDINGS IN THE CASE OF PUasER SMITH.
THE STEAMER UNDER GUARD.
SPIRITED CONDUCTOR THE CAPTAIN.


Dor of Havana at the fret break Of day AMI it Wa sup
posed by hoee on board that it was owing TO their not
being seen rLtl they were well inside OF the hAr5or
that they were not moles'ed.
A, sunrise the Captain OF the Port came alongside
end asked for the obnoxious Mr.. sNrrH VINO, he was
,o8 was still on board He then informed Capt Pos-
TER that. ss the ship in pert no stel- would be
taken to turn him cut but that communication would
he allowed with the shore or any one ;Em the shore
Gan, PORTER sad that he desired present his Protest
70 the Consu on which the Captain Of the Port offered
N get further orders from the Csp,anGenera, in the
meantime informing Cspt Porter that the ship might
he in port az long as suited his purpose and he might
90 TO sea when he pleased, as they Acknowledged no
control over him or bis vessel but communicate she
,bouh not in any manner Such TIE Captain Gen
erals ordere; and By way O: enforcing them guard
boats were placed on all sides o. the chip. filled with
the usurl police hst board foreign ve=ei- The poor
fellows did not seem to relh the buines altogether -
the sun was pouring down upon them without any avn
ugs and when the gong on board the Crescent sounded
the joyful call for breakfast call to which all the Span
;sb officials were politely invited on boardthe Crescent
CITY. they looked sad enough wishing no doubt Capt
poprrR uould 90 20 sea and relieve them from hsirT-
prisonment
after breakfat ordered the paint pots 70; up and set
the men to work systematically paint the ship outside,
from which vancouver il was supposed By the guard
boats that he intended to stay least week in conse
ouence the police boats relieved, and two boats
with regular crews were detailed from frgateto watch
the Crescent City.
Ateoclock the Captain of the Port came along
again and informed Capt PORTER that he would not
he pernitted 10 lay his protest before the American
Consul He was asked by Capt. PORTER Of what use
Consul was if American vessel= in difficulty were not
rerit,ed 10 communicate with them that in any civil
lied nation Consul recognized as the represent
alive Of his country and the law OF nations entie
citizens to have access 10 him
The Captain Of the Port declined entering into dis
cusfon Of the matter affirming (Which was truc)
that he was exercising suhority OF h4 own but act
ing entirely under orders The interview terminated
so did the outside painting, and steam wa ordered up
the Captain intending to drop two copies OF his protest
on board en- American bark and bTg lying IN the lower
hnrbor when just as the Gre cen, was about moving
ahead word came of that Mr.. MORALES, OF the house
of DRAKE e. Co, agent OF the Company had pernis
sion TO come alongside WHICH he did in few moments
after in shore boat but accompanied by Govern
meut boat with three officers. ar. MORALES thought
the difficulty could be got over by Mr.. SMITH sending
written denial to the Captain General with regard to
the accusations of PETER Hicks This Capt PORTER
refused TO permit as he had himself made two disa
vovols which had not been received, would he per
init any correspondence from any officer on board the
ship TO 60 to the authorities.
He considered 1t beneath the dignity Of the Company
10 make further explanation. Capt PORTER also re-
fused On his own part hold any correspondence with
any one on this matter except through the u = Con
sui Il was then endeavored 10 ascertain from Capt
PORTER the nature Of the document me wished TO send
to the Consul and If il contained dissvowal OF the
charges sgainft Mr.. SMITH They were informed that
it was protest and that it referred to the two former
difavowals made by Cept PORTER but at the same
time II written in plain terms. The object evident
ly was to get some kind of apology acknowledgment
of wrong the part Of Mr.. SMITH which would ena.
bic them to settle the affair which becoming rather
troublesome In this however they received assist
sncc from the Crescent City and after some discussion
among the Spanish officers they offered 70 60 shore
and If not possible get the protest delivered
10 the Consul and though, il could be done If il
fret ascerained whether the document contained any
thing offensive to the Spanish Government Informs.
ton on this matter was denied them notwithstanding
which the officers did go on shore with Mr. MORALES
and after time, the acting Consul, Mr. MoRELASD
came alongside in a Government boat, in company
with the Captain Of the Port, Don GVRLLEEao CHAcoy
The Consul wa: ,c'. aowever, permitted to come
board nor allowed to write home by the Crescent City
Capt PORTER delivered his protest person and being
informed by Mr. MoRELAND that nothing more could
be done the Crescent City put to sea, neither subdued
nor conqured.
AZ she passed the custom-hcuse thousands were as
sembled to witness her departure the spangled
IN herf he ed
and at 1t foaed out upon the breeze its looked
bright and its stripes unsued the day America
adopted IT, Not sound heard from that null
ttude but there were beating hearts in tina, crowd filled
with hope that the insult to that fag would be avenged
and many silently atesed their respect by uncoverng
their heads the under full head of steam
swept by the Mole As the Crescent City passed the
Moro Castle she fred gun in honor Of the aag that
fosted proudly at her foremost head, and seemed
bear defiance 70 the frowning castle of desporsm.
The following is the Protest made by Capt, PORTER at
Havana:
PROTEST
Whereas Tie first article Of the Treaty OF smity between
Spain and the United States declares there shall b. irn
ard inSolAbe peace and sincere friendship between IN.
Catholic esty his and ssbecs and the United
States and the citizens thereof without exception OF persons
Article 9Th Of the Treaty promise. mutual ssa-
ante and kindly sets toward the shrs of either power when
the ports OF the other" which engages defend and
protect them TO the Of jurisdiction By land sea
and article Sh secures 10 the citizens sub each free
the courts OF justice of the other all and
provides that ali be prosecuted by order snd authority
OF law only and that the parties shall have liberty Of
SCI and defense.
How far the Spanish auth rites in Cuba have CONFIRMED
10 this Treaty apparent from the fact that they have aro
Tsry, ard without any form process Of law caused
United States steamship, engaged in the pursuit Of lezt-
mate and peaceful business be turned rom their por
one ocessCD and refused communication another merely
oT an imputed committed ID territory OF the United
Statts aud wo ofense II actually committed within their
territory, the Spanish authones had night punch
American citizen for On two occasions the undersigned
has IN plain tss denied that Purser SMITH any thing
sgADst the Spanish Government the newspapers the
United States, but the word Of officer who has hereto
fore enjoyed the confidence Of his Government and the Com
Ptny he served Les been entirely dessrded BY the Gu
Ian authorities they ignorant OF the pohty winch
civilized nations On the contrary they have pl
sued vndctve and unfendy course. which must. per
severed inc great and serious INJURIES the
OF the United STATES and which course applied
TO tins chip any OF the Company shps the uers ned
once more most strongly protests.
The undersigned bss leave draw the attention Of the