The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-25
Affairs In San Domlngo.
DUB SAN DOMINGO 90 SRrsyoHnrsnx

Affairs la San Dom,nro.
OUR SAN DOMINGO ooaRrsroNpEsoK
BAN DOMINGO, April q, 1857.
Collision Of Americas and D,,n,iodv v,,.,l,-Ar,, NJ
the Aueiods Cdpatn-His Sentence and Abandonment o<
ha Schooner-A Call an ne United s.mos Catsne<
We have excsent the Interference
Of This government with They Gbuss the Yankees
here with impuniy end this excellent chsace for re-
dress.
schooner Charles Hills, Captain Smith, bound from MAYA
suez for this port during tire night in collision with
the Dominican packet schooner aud badly Ths
American schooner in here when rsady for sea
refused pass and the capain 10 appear
before court. He was sentenced to pay the sum Il
IS 800 far "wfuly running into aud damaging the Do
mnican packet"
Now every knows that the captain was right being
the starboard tack and wnf whereas the other
had his aboayd tack aboard and fum the wind therefore
he should have kept of and not e bows Of the
American This any Marine Court would allow, but hero
he condemned without trial, and nos being abba
smi.h has abandoned his vessel to the Dominican Gov
eminent, and looks at home for redress " Of the
most urgeat cases heard Of and complete burglary
and robbery on their part They even now laugh at
threats. Only to think Of It, petty government like
this s too bad. am in hopes for time TO como 70
correct all.
We have received the Gaosa Official of sano Domingo
Maya.
The American schooner Charles Hill, Captain Albert
smith, had come In collision with the Dominican packet
schooner named the Nineteenth Of March, Charles
Hill having run in to San Domingo was detained and the
Captain sentenced to pay 100 for wfuly running Into
anu damaging the Dominican packet We find the follow
ing Documents in reference to the case published under
the head of "ofRciaI:''-
THE UNITED STATES COMMERCIAL AGENT TO rHs
MINISTER OF FOREIGN AFFAIRS
CoshHRcuAL AGENCY OF TIKI UNITED STATES,
CnY OF SAN DohN0O, March l3, 1867. 7
sR-You will find herewith the protest OF Mr. Albert
against the Dominican authorities and which lead
way proceedings for Illegal and unjust detention am
the Minister Of Foreign Affairs Of the Dominican Repab
lie.
THE DOMINICA MINISTER OF FOREIGN AFFAIRS no
TIKI AMERICAN COMMERCIAL AGENT.
Mr.. AGET-My government has been ignorant OF your
Entrwted ad imia 70 Mr. JACOB Peeyrs on scconns q
official Nevertheless on receiving your note Of
the 18th, accompanied by the protest of Capt Smyh,
have brought to the notice Of the government for the
proceedings 10 which II may give rise.
ia proper for nae to say that If the Captain had only
was invited it is more than probable that that Question
would have had solution speedy would have been
peaceable, but being obstinate his REFUSAL became
cessary to submit the matter 70 the tribunals -
be decided oy them in conformity with the laws.
also believe that would have been efec.ual for
him 10 show before the tribunal which had charge Of
matter the illegal proceedings and inustices which the
eaptlin complains, that being imparaly examined they
might be redressed or declared null am, &c.
SAN DoNsco March l6, 1857.
THE. UNITED STATES COMMERCIAL AGENT 10 rHy
DOMINICAN MiNIsTER OF FOREIGN AFFAIBs.
SENIOR MINISTER The tribunal Of the first instance e
this district, has granted judgment against Capt Albert
Smith Of the American schooner Charles HILL for injury
done to the Dominican packet 10th Of March, in collision,
amounting, with cost, to % 100, and from which
decision the Captain will not appeal.
/ deere now to know, and beg Of you 10 inform mo,
whether the American schooner Charles Hill M crew
viii be detained Or It's voyage prevented in this port 70
captain shall have complied with the judgment, or un
w. JONATHAN ELLIOTT
To MINISTER OF FOREIGN AyrAIxs
THE DOMINICAN MINISTER OF FoRKIaN AFFAIRS 10
THE AMERICAN COMMERCIAL AGRNN.
San DOMINGO, March q, 1857
SR-I have the honor TO acknowledge the recept o(
your Official note Of this day, in which after assuring
that Capt Smith will not avail himself Of the resource o(
appeal which the laws permit him to do you In
formed whether his voyage, that OF his crew will be
prevented before the execution of the sentence Of the
assure you that the government no other action
over matters submitted TO the tribunals than the
tally without meddug in any manner in DEGREES or their
execution Therefore, the tribunal alone able answer
The question .n, h submitted by YOU In dse,mpg whether
To Tx COMMERCIAL Agent THE UNITED STATES.
HE COMMERCIAL AGENT DEMANDS RESTITUTION, Ero.
COMMERCIAL AGENCY or THE UNITED STATES,
April IL, 1857 +
SR:-n was brought 10 my notice yesterday that Mr.
Albert Smith, captain OF the American schooner Chas.
Hill, OF Portsmouth, 10 he condemned on the 18th 70
two years Imprisonment In the public prison of this CITY,
against which senterce and proceedings soemnly pro-
The accusation against the Captain for having wilrally
injured the Dominican packet "laih Of March" IRA
tional.
The schooner Charles Hin has been anchored hero sx
weeks, and rs 1t has not been copper fastened, IL
much Injured that II viii require large outlay 10
pair 1t.
Consequently commercial agent Of the United States
ask in the and the belief OF the ship
ment OF the Dominican republic TO be paid secured be-
fore the 2d inst and also the freedom vessel
Its crew 10 depart hence on that date.
The undersigned regrets extremely tho occurrence Of
this thing and his being forced 10 this dsarceabe duty
ter, &c. JONATHAN ELLIOTT.
THE MINISTER'S REPLY.
Mr.. AoE.r-Ny government has seen with extreme rc-
et your note Of l7h inst substantially affirming thss
The proceeding against Captain Albert smith, who through
rccklessness, negligence, or some other unfavorabe
cause, ran into and injured the Dominican packet is
reasonable and tina, the detention OF the vessel In
judgment, equal 10 n loss Of $500.
Neither the fact itself the consequent detention Of
the vessel can be unreasonable without acknowledging
theory fatal TO all nations lst That wrongs committed
sea do not constitute crime carry responsibility for the
losses occasiencd and 3D. That the republic has rs
dc,on to uke cognizance Of these acts
In reference TO the hrs does not admit OF discus
son aud the second contains the first because IN denying
Jurisdiction TO the republic, II must be denied to every
government and therefore there being jurisdiction any
where In the world TO decide these you'd
establish impunity.
II the act had taken place on the coats OF the republic
II In OF her por both vessels rode for the hrss
since the event ard the sggrevcd party presented for
nal complaint, II Is evident that the jurisdiction this
republic and IN other, and that the government In
having submitted the question " the tribunals has done
wrong 10 one.
To disregard Captain Smith has disregarded he rght
Of sppeato resort TO the extraordinary OF inter
national resourceand that against the which
invited him several times 20 the fanksst settlement IL 10
reveal the desire OF recurring force and 10 ths
means which universal has accepted and sanctioned
such fatal pre- edcnt being permitted would Be impos
soe for the civil power TO decide questions bctweed two
foreigners
fihe act question had occurred between AmericsD
and an English vessel the American Captain denying the
iursdiccn, and the English captain demanding jushcsp
how could he evado the international demandf In 70
way, because the would be described a. abuse %
power or the other denial Of justice
After these observations you will admit that your ID
mand Il moi founded In reason Tho