The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-06
CTjBA.

tracts from which have appeared IN several OF
the New York papers. As We have neither
space nor inclination TO lay these laundering
articles before the public, we give the essence
OF them, which we find in the New York Jour
nal Of Commerce. The positions assumed
that paper sets forth as follows:
|. That the right Of excluding or expelling
from its territory, any individual or indi
viduals whatsoever, Is an inherent properly OF
sovereignty, as defined by the most celebrated
expounders of The laws OF nations, and as put
IN exercise by civilized communities.
>. That said RICH, was not impaired by the
Treaty OF 1895 between Spain and the United
States, according to the usage and understand
ing admitted in similar cases. even allowing
that SAID Treaty was applicable 10 the Island
ofCuba.
3. That the Treaty Of 1895 had not, has not,
and cannot have, any force IN regard TO the III
ira-nlarine provinces OF Spain, accordinGlo me
maxIms and practices OF international law,
sanctioned by the solemn c0mpacts OF Utrscht.
1. That the United States recognised al their
origin, and have continued to recognise, IN the
most explicit manner, the nulity of said Trea-
~ so far as our territory is concerned
C0mment.-It required none of those volu-
rninous extracts IRON Gro,ius, Puffendorf, Vat
Iel, Webster, and Captain-General Canedo'
with which the Diario has larded lis discourse.
10 prove so simple a proposition as that enun-
Grated in the first Of these propositions. NO
man, not even a savage, will deny that every
State has a sovereign right over its own tern
Tory, by the law of Nature aud Nations, and
that it may expel therefrom any indIvi'
dual or individuals whatsoever. 1t is conce
oed that every State has right, by these laws
10 seal up her ports Theoretically, as Japan has
done-to alot only one Or two or such other
number as she may think proper, the use of
foreigners, as China did before the war with
Great Brtain-to demand tribute from all YES
sells passing through such straits or narrow
arms OF the sea, as are recognised TO be pecu-
Iarly hers, as Turkey did, and, we believes
still does, with regard to the Dardaneles. As
corollary from this natural right, by the same
laws, the argument used by many of our
presses with regard 10 the inherent right of eve
~ State TO establish such police system as it
may think applicable to its own wants, may,
likewise, be placed upon an immoveable foun
dation. But it is precisely because the laws
Of Nature and Nations allow these powers, and
because the exercise of them in their fullest
extent would occasion immense loss to com
Inerce, to say nothing of the perils TO which it
would expose the peace of the world, that
treaties were first made. Whenever these come
IN conflict with natural inherent right, apper-
tanning TO the sovereignty oft country, they
strike it dead on the spot and assume the
place which it had previously occupied. They
bear the same relation to international law,
and the law Of nations, that the Statute Law
bears TO the Common Law. From the moment
that the statute goes into execution, it over
rides the Common Law, whose deficiencies it
was made 10 supply, or whose evil tendencies
II was intended to rectliy. So it is with trea-
~ which takes the place Of t1e Law of Nature
and Nations on the same subject, from the mo-
ment it goes into effect. Let US examine the
1acts ct the present case and see how it stands
under the operation of the principles laid down.
By the 9Th and Both articles of the treaty. OF
T9o,which have been often quoted on both sides
Since this controversy first sprung up, the reel
procal rights oil American citizens aud Spanish
subjects are ascertained as clearly as it is posi-
bic for rights TO be. 1t is expressly stipulated
that the subjects and citizens of either of the
high contracting parties shall be subject 10 no
embargo or detention by the other for any cause
whatever either public or private, or by reason
OF any military expedition, and that the same ex
emption shall extend to their vessels and pro.
perry. The citizens ofthe United States, one o
OF the parties contracting, have been subjected
10 the very inconvenience which this clause
Was intended TO remove, so far as they were
personally concerned, and that inconvenience
has extended to one of their vessels. An en-
barge has been laid upon it, and it has not been
suffered to trade any more than if the two coun.
tries had been in a state of open war. 1t is
vain to argue that the Crescent City would not
have been thus treated had not her captain re-
fused to part with Purser Smith, for the treaty.
says that no embargo shall be laid for any
cause whatever.
AGAIN; In the same treaty, and in one of the
above named articles, it is stipulated that, in
cases OF arrest for debts contracted or offences
committed by the citizens or subjects of one
party within the jurisdiction of the other. thew
shall be proceeded against by order and autho.
rity OF justice, and agreeably TO the forms or
oihafiiy observed in such cases. The offence
when gave rise TO this embargo, it will be OBJ
served, was not committed within the iurisdic.
lion OF Spain. 1t was perpetrated IF peroe-
afated at all) here in our own country. So far
HON having been tried by tribunal properlv
constituted, it has not been tried at all, yts
commission has been positively and repeatedlv
denied by The accused party, and the proof
rests entirely upon the assertion of an ind;v;.
daui who has recommended himself to the nm
1hofiLes OF Cuba solely by his abuse of ,b;s
Country and lis Institutions. Upon the ,,;r,
alone, of this libeller, is solemn ,rao,u 49,
lated, an embargo laid upon an American YES.
sci, and citizen of the United States ron.
denned without being heard. Even if no