The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-17

THE cRIW OF THE LATTER APPEAL TO THE UNITED
STATES MARSHAL.
A Writ of Habeas Corpus Asked and
Granted.

On Monday last the United States mar
shall General Heron, received the following
communication as coming from the crew OF the
Peruvian transport Maranon formerly the Hava-
na), now lying at the foot Of Canal street
"U. s. MARSHALL,
"Dec. IA, New Orleans, La.
Hon. Sir-We the crew of the B. ship Havana
was shipped in New York for to work this ship TO
the port of Callao in perue and as we understood
to the she was under the American flag until we
were discharged Instead of that they pulled down
the american flag at the and hoisted tie peruvian
under that hag-we want either to be discharged
or TO hoist the american flag again. SO we begof
you in the name Of american citizens to see TO our
cases. By THE CREW OF THE HAVANA"
Upon the same evening Judge Durell, Of the q.
s. District Court, called the attention OF District
Attorney Torrey to the matter therein contained,
and accordingly yesterday the marshal sent on
board the vessel Deputy Marshal Armstrong. who
returned with the engineer and two OF the crew,
with whom Gen. Heron had a conversation. He
also copyersed upon the subject at issue with
Capt. Dubois, who commands one OF the vessels.
Meanwhile Superintendent Cain, OF the metro
politan police, had in person visited the marshal
and turned over to him the reports made from
day to day by Special Officer Cunningham, who
had been detailed to visit the ship.
About half past twelve, District Attorney Tor.
rey and Gen. Heron called upon Collector Fuller,
and informed him relative to the situation. Mr.. Full
vesselas bearer OF q request that he be shown the
ships pspers.l Inspector Buchananireturned, stat
ing that he hspbeen referred by the officer to Senior
Garcia, the Peruvian minister. Mr.. Fuller there
upon sent messenger TO that gentleman at the
St. Charles Hotel, requesting an interview. and
Marshal Heron at the same time sent deputy
marshal on board to ask for the shipping articles
The messenger to the st. Charles returned after
half an hour, stating that Senior Garcia was not at
home. The marsha's deputy returned also in due
season, bringing with him the shipping articles
An inspection Of these, we learn, shows that the
crew, in signing them, agreed to agree to any
change of flag that might be made during their
one year term of service. The only question, in
this case to be decided is whether the formslities
in the change Of flag and transfer of the vessel
have been properly carried on dh s ed States
Circuit Court, for the following application for
writ of habeas corpus was filed about half past
one O'Clock yesterday in the clerks Office of the
United States Circuit Court:
To the Honorable the
and for the Fifth Judicial Circuit:
The petition of James R. Forrest q citizen of
the United States, and friend of the following
named parties, there follow the names of about
thirty.-Rep.) respectfully represents:
That the forenamed parties shipped on board
of the steamship Havana, at New York. under the
flag of the United States, as seamen, fremen and
bands on said ship for the Southwest Pass of the
River Mississippi, and from thence to any port
that the captain, one Gicbrist, might direct, not
to exceed term of twelve months. That &C.
cordingly the said steamship departed from New
York on the 18th November, 1865, and arrived at
the Southwest Pass, on or about the 9th OF De-
cember. When the ship crossed the bar, and
when she arrived at Pilot Town, In the River Mis-.
sssippi, within the jurisdiction Of this honorable
court, she was boarded by person calling him.
self an officer Of the Peruvian government, who
caused the Peruvian flag to be run up to the main
peak, in the place Of the United States iag which
had been hauled down few minutes before and
then assumed command of the ship and brought
her up TO opposite this city.
. Petitioner ayers that when said men shipped
they shipped as sesmen on board of an American
vessel; that the said officer aforesaid refuses to
recognize them ss such, and claims to hold them
as belonging TO the Peruvian navy.
Petitioner further AYERS that Peru is at war
with Spain, friendly government of the United
States, with whom she Is at peace. That the
sforenamed sailors, etc., are unwilling to serve IN
the navy of said Peruvian government, and have
refused go to DO, notwithstanding which they
are held in confinement on board of said steam
ship Havana, in violation of their rights as citi
zens of the United States and OF the laws and
statutes of the United States.
Wherefore petitioner prays that writ of hsbess
corpus issue, commanding the officer in charge of
said steamship to produce the bodies OF the sfore
named parties and show cause why and by what
authority he pTetends to hold them in custody on
board of said steamship, and that after due hear
ing the said parties aforenamed be restored to
their liberty and discharged from said steamship.
And petitioner prsys for all such other and fur
Their relief in the premises as to your honors may
seem meet and proper.
(Signed) JAS. X. FORREST.
John Z. Holland, proctor for petitioner.
December Is, lS68.-Let writ of habeas cor
pus issue. returnabe on the 18th inst, at III NJ.
(Signed) E. Il. DUREL, Judge.