The southern press., 1852-01-17
YOU, nor from the other consuls resident in this
city.
God preserve you many years!
JOSE DE LA CONCHA.


God preserve you many years!
JOSE DE LA CONCHA.
HAVANA, August 10, 1851.
II may be proper before proceeding further
to state that a very general misapprehension
seems TO prevail in the public mind touching
the powers and duties of consul for Havana
1t does not seem TO be known or appreciated
that he is restricted in erpress terms TO such mat
tiers as are strictly commercial. He has no di-
plonatic powers, and is so informed by the gov
ernment of the United States, and every CON-
munication made by him on subjects other
than commercial, can only be addressed as
matters of favor, and not Of right. This can
readily be perceived by reading the extent OF
the powers as set forth in the following royal
erequator.
We omit the erequator but give its sub.
stance. 1t instructs the Cuban authorities to
receive Mr.. Owen +" in the capacity of con
sui" and TO "permit him to enjoy and exercise
his functions"--in doing which, it declares:]
" lie is not to exercise any act OF jurisdiction
being only allowed to interpose his arbitration
in controversies which may occur between mer-
chants and seafaring people, with view Of
reconciing them and of settling their differences
Under which condition, and none other gram
him this my royal authority to perform the func.
tions of said oflice.")
This is the usual form of the powers allowed
by Spain to all consuls in her transmarine de.
Tendencies. And from this it will be seen that
had no more power to act in the matter under
consideration than any other citizen of the Uni
ted States in Havana at that time; no more than
any one of our naval officers within the range
OF whose guns the execution took place. If any
one OF all the American citizens then there
either with or without any official connexon
with our government, did more than | did, OF
even as much, have yet to learn it. But to
proceed.
3D. 1T has been said that, after the surrender
and capture of those who, came in under the
proclamation of the governor and captain-gen.
eral of the Gath August and were committed to
the Punta prison afterwards, refused to see
them, or to do anything for them, or to make
any intercession for them. One of these prison.
ers, Capt. Kelly, has published under his own
hand, since his return to this country, state
ment, which has had an extensive circulation
through the medium of the presses of the coun-
try, making this charge, and other charges also,
which shall not deign to notice. II is due to
me that the public, however, should know the
facts and ! shall not so far compomit my own
self respect as to ask the public to Judge be-
tween me and him. Bat that Capt Kelly may
see himself how far he is sustained by Capt
Plat and Lieut.. Taylor, of the United States
sloop-of-war Albany to whom he referred in a
part OF his statement, subjon their joint letter
to me:
UNITED STATES SHIP ALBANY, }
HAVANA, December A, 1851.
SIR Your note of this date in reference to
letter published by Capt. Kelly, of the late
Lopez expedition, has been received, and we
take great pleasure in complying with your re-
quest
We have no hesitation in saying that Capt.
Kelly has made great mistake in that portion
of his statement referring to ourselves, to wit !:
"When Capt. Platt of the sloop-of-war AL.
bany visited us, ! sent to Dir. Owen by him, and
he again refused to come. Then Lieut. Taylor
Of the Albany, said he would make him come,
and the next morning Mr. Owen paid us visit
with Capt Platt"
The facts are simply these Before we pro-
eeeded to the Punta, on the 30th August, we
called at your Office, and you then desired us 10
say to the prisoners confined there for taking
part in the invasion of Cuba, that if they wished
to see you, you would pay them VISIT although
you could do nothing for them in your official
capacity. This message was delivered to them.
and they said that they would be glad to have
you come. Your visit to them, in company with
Capt Platt, was made.in compliance with their
acceptance Of your offer.
The inference to be drawn from the above
quotation from Capt Kelys letter is, that Lieut.
Taylor saw the prisoners some time subsequent
to Capt. Platt's first visit to them. Lieut.. Tay-
Tor never saw them, except in company with
Capt. Plat on the occasion mentioned. Neither
of US heard any complaint from them, at that
time, Of any neglect or Indifference on your part
towards them
Very re pectfully, your obedient servants,
CHARLES II. PLATT,
VIM. ROGERS TAYLOR.
A. +. OWEN, esq., u S. Consul, Havana
Now the facts are, that these men, or most of
them at least, were brought 10 the city of Ha-
vana and committed to prison on the 2Sth and
29lh Of August On the both addressed the
following communication to the governor and
captain-general
COMMERCIAL AGEEoY OF THE UNITED STATES,
HAVANA, August 80, 1851,
SIR,-l desire TO invite your Excelency's At
tention TO the subject Of the American prisoners
belonging TO the expedition of Lopez. Some Of
them have been captured, others have surrender.
ed, and others still will be captured, or surrender
under the proclamation which your Excellency
was good enough 10 issue on the oath inst.
The invasion being ended by the capture and
disDpraion Of fha man and fha Iaada, ara ho;r