Seizure of the Sch. Chas. Hill at St. Domingo.

The case of the Sch. Chas. Hill, which was seized at San Domingo, by the San Dominican government, may seem to many of little importance compared with the great question that agitates the public: but small acts of injustice between governments often lead to the most fatal results, and we wish now, in the commencement, to give a fair statement of the whole affair.

The sch. Chas. Hill, of this port, according to the statement of the Captain, as represented in papers by the owners, and the protest by the Commercial Agent of the United States, Mr. Jonathan Elliott at Porto Rico, on the evening of the 5th of March, off the port of St. Domingo. Nothing of importance occurred until about 5 o'clock, A. M., of the 7th, it being quite dark at the time, when the schooner C. Hill, running down for St. Domingo on the starboard tack on board, heading N. W. and the wind N. E., was collided with by an unknown vessel, standing by the wind with the larboard tack on board. This unknown vessel proved to be a Dominican government vessel, bound from San Domingo for St. Thomas. In attempting to go to the windward of the Charles Hill she struck her, the latter went through her main sail about half way from the gaff down to the boom, and cut her larboard leech rope, and the topping lift not giving way, caused the vessel to come along side and do some damage to her rail. Capt. Smith hailed the commander of the Chas. Hill, ordered his mate to lower the larboard boat, while the Dominican officer of the other vessel came on board the schooner and let go the halliards of her foresail and jib, which injured their sails, and then took the vessel in tow, no person having been injured nor list been lost alone. The vessel reached St. Domingo... Capt. Smith, of the C. Hill, immediately continued his voyage to San Domingo, fitting for sea as best he could, and presuming no great injury was done to the vessel in collision.

First—The collision took place on the high seas some twelve miles from San Domingo, as appears from the chart and distance run, and also from the fact that he did not take a pilot on board until 10 o'clock, and did not arrive at San Domingo until 11 1-2, the distance of twelve miles from that point making his making more than 12 miles into port. On his arrival at St. Domingo, the Dominican government demanded the enormous sum of $3,200 as restitution for injuries to their vessel, and imprisoned Capt. Smith before their courts to answer the charges made against him. Capt. Smith denied the jurisdiction of the Dominican government, as neither government nor individuals can be held liable for collision on the high seas... with the advice of our Commercial Agent, Jonathan Elliott. Capt. Smith moreover demanded an investigation to present to the Dominican government, an international question and not one to be tried by a local court. The San Dominican court refused to abide by the arbitration of the commanders of a French and English man-of-war then in port. This the San Dominican government refused doing, and proceeded to provide counsel for Capt. Smith, who was then inside of prison, and after hearing the evidence of their own men, without the testimony of any of the crew of the sch. Hill, condemned the schooner, and fined her heavily. Meanwhile the vessel not being coppered, was greatly eaten by the worms in the harbor, and Capt. Smith was advised to deliver the vessel up to the Dominican government, under a protest. This he did, and returned secretly to our country, as he was himself detained under false charges by the San Dominican government.

We have but three points to make after this short statement of the affair, which has been endorsed as correct by our Commercial Agent, Mr. Elliott, and which is corroborated by the good character for veracity Capt. Smith bears. In the first place, the collision took place on the high seas more than 12 miles from land, and by an acknowledged maritime law no country has a right of jurisdiction more than three miles from land. The San Dominican government had, therefore, no right to try the Chas. Hill 12 miles at sea. In the second place the Dominican government could not try a case in which the vessel broke loose, there is every justice and reason demand that governments no more than individuals are not to suffer for collisions at the same time. The question for restitution was a pure international question of international law, and ought to was to be decided by arbitration or agreement.—Thirdly and finally, if the collision had not taken place on the high seas, and the Dominican government had rightful jurisdiction in all actions arising, except by law Dominican government could not, and by maritime law vessels on the starboard tack are not accountable for collisions with vessels on the larboard tack.

We leave the conclusions to be drawn from so simple a statement and text of the affair, and we trust that our government will not hesitate to defend its citizens against the aggressions of other powers.

A correspondent of the New York Herald writes from St. Domingo, May 10, regarding this matter of the affair:

"It has now been some seven weeks since the American schooner Charles Hill, Captain Smith, while on her passage to this port, was run into on a dark night came in collision with the Dominican packet Charles, belonging to President Baez. The American schooner came in here, and when ready for sea was seized, it is said, and the captain brought before a court. He was sentenced to pay the sum of $3,200 for damages, besides costs of court, amounting to several hundreds more.

Now, every one knows that the captain was right, as he was on the starboard tack, with the wind on his port side, the other had his larboard tack aboard and from the wind; besides the collision took place at sea, before he crossed the bows of the American. This any Master of a vessel knows. This sentence was rendered without a trial, and not being able to pay was sentenced to close confinement. The captain, Capt. Smith, has abandoned his vessel to the Dominican government, and has made his escape to the United States... It is a pity government like this. It is too bad. I hope our government will interfere."

In the Gaceta Oficial of Santo Domingo of May 1st, we find the official correspondence regarding the case, published under the head of "official:"

Commercial Agency of the United States of America.

San Domingo, April 20, 1857.

To the Minister of Foreign Affairs:

Sir—You will find herewith the protest of Mr. Abner Smith, Captain of the American schooner Charles Hill, against the Dominican authorities, on account of their taking possession of his vessel as a legal and unjust detention. I am, sir, &c.

JONATHAN ELLIOTT.

To the Commercial Agent of the United States of America:

Minister of Foreign Affairs,

San Domingo, April 20, 1857.

Mr. Agent—My government has been informed that Mr. Abner Smith, Captain of the American schooner Charles Hill, after having fulfilled the duties of your functions, entrusted an interim to Mr. Jonathan Elliott, Commercial Agent of the U. S., notified my government thereof in an official manner, and that the said Mr. Elliott, when Capt. Smith arrived, accompanied by the protest of Capt. Smith, I have to state that Mr. Elliott is not a Commercial Agent, proceedings to which it may give rise.

Seeing that Mr. Elliott is not a Commercial Agent, I only availed of himself of the means of conciliation which offered themselves, and that a friendly arrangement as speedy as it would have been peaceable, but being rejected by Mr. Elliott, my government has to submit the matter to the common tribunals, to be decided according to the laws of the country.

I also believe that it would have been more meet of Mr. Elliott to await, as it was his duty, who had charge of the matter, the illegal proceedings taken against Capt. Smith, than to express, before being impartially examined the might be redress for damages to the packet. Accept &c.

FELIX M. DELMONTE,

Minister of Foreign Affairs.

SAN DOMINGO, March 16, 1857.

The Dominican Minister of Foreign Affairs to the American Consul.

SAN DOMINGO, March 27, 1857.

Sir—I have received receipt of your official note of this day, in which, after mentioning that Capt. Smith will not avail himself of the court of appeal which the laws permit him to do, you ask to be informed whether the confiscation of the vessel will be prevented before the execution of the sentence of the tribunal of commerce.

I assure you that the government has no other intention than to leave the court to act without any interest of the laws having the facility, or distribution of justice in this case. The party who believes himself injured by the sentence of the tribunal may appeal to the tribunal above to answer the question asked by your note, which I cannot answer. Accept, &c., I am, &c., FELIX M. DELMONTE,

Minister of Foreign Affairs.

The Commercial Agent to the Minister of Foreign Affairs.

Commercial Agency United States, Restauration, etc.

SAN DOMINGO, April 21, 1857.

Sir—It was I ought to say, to my great regret that Mr. Abner Smith, captain of the American schooner Charles Hill, of Portsmouth, N. H., was sentenced on the 18th to two years imprisonment in the jail of this city, and to pay the damages done to the Dominican packet, and to pay the cost of court.

The accusation against the captain for having run into the San Dominican packet "19th of March" is irrational.

Capt. Smith has already been in jail for a week, his vessel line six weeks, and as it has not been coppered far from six weeks, and if it remains here long will be a large outlay to repair it.

The Commercial Agent, commercial agent of the United States, I ask in the name and on the behalf of our government, that the vessel Charles Hill, with all her cargo, now in possession of the Dominican republic, to be paid or secured before the 23d inst., and further to allow the captain, vessel and its crew to depart hence on that date.

Accept the assurances of the high consideration with which I have the honor to be your ob't serv't,

JONATHAN ELLIOTT.

To the honorable Minister, &c.

The Minister's Reply.

DOMINICAN REPUBLIC,

MINISTRY OF FOREIGN AFFAIRS,

SAN DOMINGO, April 21, 1857.

The undersigned Minister of Foreign Affairs has the honor to reply to your note of 21st inst., Mr. Agent, stating that Mr. Abner Smith, captain of the American schooner Charles Hill, has been sentenced to two years imprisonment by the tribunal of commerce of this city, which through wish-recklessness, negligence, or malice, he collided with the Dominican packet 19th of March, as also to pay the costs and damages, and the detention of the vessel until it is paid:

The undersigned is surprised at your note, after the explanation I had the honor to give you in my note of the 20th inst., relative to this affair.

Neither the fact itself nor the consequent detention—the one is a violation of maritime law, and the knowing a theory fatal to all nations, ie. That the captain is not accountable for his acts, neither can nor carry responsibility for the losses occasioned; nor the Dominican government prevent the execution of the sentence until the laws take their course.

If the captain or the agent does not even admit of an appeal, and the 2d contains the 1st, because in the court of appeal the sentence may be revoked, or the damages diminished, the Dominican government having no jurisdiction in the western world to decide upon this case, it belonging to the tribunals, and if it the fact had taken place on the coasts of the Dominican republic, the tribunals could not judge for the first time since the event, and the aggrieved party must apply to the courts for justice, and if the assertion that justice is in this republic and in no other, can it be stated that there is a denial of justice when the question to the tribunals has done no wrong to any one.

The Dominican government cannot admit that by the right of appeal—to resort to the tribunals—because by doing so it would violate the laws, and the act of the government which invited him several times to use his right of appeal, or to give security to carry the case to court, and no to the means which unitly—and no government would do so—unless a fatal precedent being permitted, it would be impossible for any nation to govern, or to protect the rights of its citizens.

If such a question had occurred between an American and an English vessel, the American government would not have allowed the English government to demand the delivery of the vessel, under a demand of internal way. In way, because the one party had not exhausted all the legal means, nor was it considered as abuse of power or the other a denial of justice.

The Dominican government, on the contrary, when demand is not founded on reason. The government can do no more than leave the tribunals to carry out justice, and to trust the intelligence and rectitude to decide the question according to law; and hopes that the Commercial Agent of the United States will see the justice of its method and just proceedings in the present affair.

SAN DOMINGO, APRIL 21, 1857.

FELIX M. DELMONTE.