AFFAIRS IN SAN DOMINGO.

Collision of American and Dominican Vessels—Arrest of the American Captain—His Sentence and Abandonment of his Schooner—A Call on the United States Cabinet.

We have an excellent case on account of the interference of this government with us. They abuse the Yankees here with impunity, and this is an excellent chance for redress.

It appears that some seven weeks since the American schooner Charles Hill, Captain Smith, bound from Mayaguez for this port, during the night came in collision with the Dominican packet schooner and stove her bows. The American schooner came in here, and while ready for sea was refused a pass and the captain summoned to appear before a court. He was sentenced to pay the sum of $3,100 for "wilfully running into and damaging the Dominican packet."

Now, every one knows that the captain was right, being on the starboard tack and on a wind, whereas the other had his larboard tack aboard and from the wind; therefore he should have kept off and not crossed the bows of the Charles Hill. This any Marine Court would allow, and here he was condemned without a trial, and not being able to pay was sentenced to a year's imprisonment. He (Captain Smith,) has abandoned his vessel to the Dominican government, and looks at home for redress. It is one of the most urgent cases ever heard of, and a complete burglary and robbery on their part. They even now laugh at our threats. Only to think of it. A petty government like this. It is too bad. I am in hopes for a time to come to correct all.

We have received the Gaceta Oficial of Santo Domingo to May 4.

The American schooner Charles Hill, Captain Albert Smith, was seen in collision with the Dominican packet schooner named the Nineteenth of March; and the Charles Hill having run in at San Domingo was detained, and the captain sentenced to pay $3,100 for wilfully running into and damaging the Dominican packet. We find the following documents, in reference to the case, published under the head of "Official:"—

THE UNITED STATES COMMERCIAL AGENT TO THE MINISTER OF FOREIGN AFFAIRS.

UNITED STATES COMMERCIAL AGENCY,

CITY OF SAN DOMINGO, March 13, 1857.

SIR—You will find enclosed the protest of Mr. Albert Smith, Captain of the American schooner Charles Hill, against the Dominican authorities, who, under false pretexts,

way to proceedings for illegal and unjust detention. I am, sir, &c.,

JONATHAN ELLIOTT.

To the Minister of Foreign Affairs of the Dominican Republic.

THE DOMINICA MINISTER OF FOREIGN AFFAIRS TO THE AMERICAN COMMERCIAL AGENT.

Mr. AGENT—My government has been ignorant of your protest and remarks on the proceedings of your function. Entrusted of interim to Mr. Jacob Pereyra on account of your late unwellness, and my government cannot in the official manner. Nevertheless, in receiving your note of the 13th, accompanied by the protest of Capt. Smith, I have brought it to the notice of the government, for the proceedings to which it may give rise.

It is useless for me to say that if the Captain had only availed himself of the means of conciliation to which he was invited, this affair, most probably (not that question would have had a solution as speedy as it would have been desirable), not being welcome to the cabinet, it became impossible to change the matter to our ordinary tribunals, to be decided on them in conformity with the laws.

I have to state that it would have been more decorous for him to show before the tribunal, which had charge of the matter, and if not pleased thereat, appealed to where the captain complains, that being impartially examined they would see whether to confirm it or [illegible]. I am, &c.

FELIX M. DELMONTE.

SAN DOMINGO, March 16, 1857.

THE UNITED STATES COMMERCIAL AGENT TO THE DOMINICAN MINISTER OF FOREIGN AFFAIRS.

SAN DOMINGO, March 20, 1857.

SEÑOR MINISTER—The tribunal of the first instance, of this city, having declared that the cause between Albert Smith of the American schooner Charles Hill, for injury done to the Dominican packet 19th of March, was an act of amounting, with cost, to some $3,160, and from which decision the Captain will not appeal.

I desire now to know, and beg of you to inform me, whether the American schooner Charles Hill and the crew will be detained, or be allowed to proceed on her trip, for the injury and loss of its owners, until such time as the captain shall have complied with the judgment, or until the same shall have been exacted?

JONATHAN ELLIOTT.

TO THE MINISTER OF FOREIGN AFFAIRS.

COMMERCIAL AGENCY OF THE UNITED STATES,

SAN DOMINGO, March 28, 1857.

SIR—I have the honor to acknowledge the receipt of your communication of this day's date, by which I understand that Capt. Smith will not avail himself of the resource of appeal from the sentence, which can be done without prejudice to the protest, or that of his crew, and that he does not fear to submit to the result.

I assure you that the government has no other action over matters submitted to the tribunals than the interest of having the laws fulfilled, or distributing justice impartially, without meddling in any manner in decrees or their execution. Therefore, the tribunal alone is able to answer the question submitted by you, in determing whether it will accept bail. I am, &c. FELIX M. DELMONTE.

To the Commercial Agent of the United States.

THE COMMERCIAL AGENT DEMANDS RESTITUTION, ETC.

COMMERCIAL AGENCY OF THE UNITED STATES,

SAN DOMINGO, April 17, 1857.

SIR—It was brought to my notice yesterday that the crew of the Dominican packet, in the detention of Capt. Albert Smith, from the schooner Charles Hill, of Portsmouth, was to be condemned on the ground of having wilfully run into the packet on the night of the 13th of March; against which sentence and proceedings I solemnly protest it.

The accusation against the Captain for having wilfully injured the Dominican packet "19th of March" is untrue.

The schooner Charles Hill has been anchored here six weeks, and as it has not been copper fastened, it is so much injured that it will probably never leave this port.

Consequently, as commercial agent of the United States, I ask in the name and on the behalf of the owners or shippers of the said vessel the sum of $5,000 from the government of the Dominican republic, to be paid on or before the 23d inst., and also the freedom of the vessel and captain to depart freely on that day.

The undersigned regrets extremely the occurrence of this thing, and the delay which it has occasioned to him, and takes this occasion to express to the honorable Minister, &c.

JONATHAN ELLIOTT.

THE MINISTER'S REPLY.

Mr. AGENT—My government has read with extreme regret your note of 17th inst., substantially affirming that the proceeding against Captain Albert Smith, who through carelessness, inattention to rules and an accidental cause, ran into and injured the Dominican packet, is untrue, and that the damage and cost of the vessel is, in your judgment, equal to a loss of $500.

Regretting that after this communication the freedom of the vessel can be unreasonable without acknowledging a theory fatal to all nations—1st. That wrongs committed at sea do not constitute crime nor carry responsibility for the material consequences. 2d. That tribunals can have no jurisdiction to take cognizance of these acts.

Neither the fact itself nor the even given admit of discussion. If a stranger in the Dominican republic commits an act of hostility, it is the duty of the Dominican tribunals to judge and sentence him. If in other nations there is a jurisdiction to the republic, it must be denied to every government, and the right being denied, it is difficult to see where in the world to decide these controverses could possibly be found.

If the act had taken place on the coasts of the republic, it is clear that if the Dominican packet was the one that was injured, that the Dominican vessel was the one that suffered, and the injured party presented its foreign consul and in default of this the justice of the republic and in no other, and that the government in taking cognizance the question could not have intervened in the case.

To disregard, as Captain Smith has disregarded, the right of appeal—to resort to the extraordinary course of international resources—and that against the government which invited him several times to the frankest settlement, is to reveal the desire of recurring to force, and not to the means which universal reason has accepted and sanctioned. Such a fatal precedent being permitted, it would be impossible for the civil power to decide questions between two foreigners.

If the act in question had occurred between an American and an English vessel, the American Captain denying the jurisdiction, and the English captain demanding justice, how could he evade the international demand? In no way, because the one would be described as abuse of