The daily union., 1852-11-25
Cuba and the Treaty with spain.

lne IOnOWluB dTlCic III 'hc ANePuetb Vi SSo
terday;
.THE CREscsNT CRY PURsER SMIm-Yesterday's
Union that every citizen Of the United States has
the right, by International comfy, BUT ACTUAL
land the island OF Cuoa In The
proecuton Of business for pleasure Having laid down
this broad propositions without adducng any evidence In
its support the Union proceeds to assai the administration
for quarcing with Spain because the captaingenea
OF Cuba refuses 10 permit Pufser Smith to land there
Our armsnon of the contrary doctrine is pronounced
smonstrouA' II. Fst.
ur treaties all in print n the public statutes, and
if there be such spuations the Union easily produce
them We allrm, in opposition TO its asse rtion,
that there treaty sipuatons' between this
Try and Spain that authozs any Of citizens 10 land
upon the island OF Cuba. aud we challenge the Union TO
present them, any Of them, thar the public may Judge
between Here is plain, direct, and important
ISSUE Will the Union meet 9"
The Republic has failed TO state proposition as
we stated it, After the words above cited we added the
following clause Of qualification
"a right which cannot be taken from him the
suspicion of illegal conduct
The importance OF this qualification, in judgment,
appears from proposition previously laid down in the
same article as a part OF our view of the same point:
"Under the pressure of necessity and in its proper
defence nation may close its obnoxious persons,
but II cannot properly take such course without ade-
quatc cause, which II must make known to the govern
whose citizens subjects have been denied the
amity and commerce"
These extracts clearly define position as 10 the
point in issue. That position is, that our treaty with
Spain being treaty OF friendship and navigation, con.
templates and 10 citizens all the usual and
customary rights and privileges of navigation and
in Spanish ports. Ga the contrary, the Republic
maintains that there is nothing in the treaty which
horizes any citizens OF the United States 10 set foot in
Cuba If this be OF Cuba, then is true of course,
oil all Spanish territory and follows that, under
treaty with Span ship OF the United States has
right 10 the customary privileges OF any Spanish
port for the purposes olawiu commerce. for the Republic
will not deny that the right OF mechan, to sends sua
BILE agent 10 TO the disposition OF his cargo in
Havana part of his right 10 send cargo there.
The question: them between the Republic and ourselves
simply this: Does the treaty with Spain establish and
iarany citizens of the United States the customary
.,d rights and privileges of lawful commercial
nlercosrse We maintain that il does, and that ab
rogson OF these rights and privileges by Spain, merely
upon caprice and without reason rendered, is violation
Of The treaty.
The first article of the treaty spulaes that there shall
be "mviolable peace and sincere friendship between his
Catholic Majesty and the United States and hep citizens.
ritAevt erePiioa Of persons or Places
EAsink thuf cteail ucHuru hlc ItauOns OF tue TWO
governments 10 each other and TO all their respective
citizens and subjects, the treaty proceeds TO establish
complete system OF commercial intercourse between the
two nations ans their citizens and subjects, in the
tomary forms and modes known 10 the law and comfy
Of nations and prescrbesa variety OF reciprocal obli
cations looking TO the promotion, regulation and prosc
ton OF such commercial intercourse win hs respective
jurisdictions Of each Of the contracting poriies.
Articles sixth seventh and eighth Of the treaty, all
template the OF the vessels and citizens OF the Uni
ted States coming and remaining within Spanish urs-
dicon and among other protective spulaons the eighth
article has the following
And agreed that the subjects citizsn1 Of each
ofhe eou,tacting parties shall be liable any embar
20 detention ie part OF the other for any military
peddon, any other public private purpose whatever"
The article further s,pulaes that citizens or sub
iec,s ol either party may, through their selected
agents. have "free access 10 the courts OF the oher
and "be present al their proceedings
The eleventh article provides that "the citizens and
subjects OF either party may dispose OF their personal
goods within The jurisdiction OF The other," &c.
The twelfth article, "for the better promoGag OF com.
meree sipuaies that, upon s breaking out Of be-
ween the two nations. the merchants resident in the
cities and towns OF either nation shall have one year TO
coec, and transport their goods and merchandise
The sixleenh article extends the "liberly OF naviga
ton and commerce 10 all merchandises except contra
band
The nineteenth article provides for the establishment
OF consus in the ports OF both nations with all the
powers and privileges enjoyed by the favored ma.
lions
The twentieth article slipulaies that the ''inhsbants"
Of each nation shall have "iree access" the courts OF
justice Of the othe anu saall be permitted 10 bring and
prosecute suits therein.
Now we say that this is eay establishing and regu-
latng lawful commercial intercourse Of citizens OF the
United States with Spanish subjeeis anil ipn he Rmiis
Of Spanish jurisdiction and say that arbitrary and
ton inledicon exclusion, and prohibition Of such inter-
course, without or reason rendered. is a plain
violation OF the treaty.
We cay, that upon fair understanding OF the intent
and meaning Of this treaty, CITIZEN Of the United State
has under the treaty right the prosecution OF lawful
business, TO land in Cuba until he shall have done
something 10 work the forfeiture OF that right We say
that the treaty in all the provisions have cited
templates our citizens being in the possession and
ioymcnt OF such right Of ingess as part OF the esisb-
shed sysem OF friendly commercial intercourse between
the two countries.
We repeat that we admit the right Of Spain make such
police regulations may be deemed necessary. They
may be stringent But they must be made in view OF
h., r.atv and OF the comfy of ehdIy mn