Daily American telegraph. [volume] (Washington [D.C.]) 1851-1852, 1852-01-06


that the fifty prisoners you recommend to me are
part of those who, tramplng upon all interna-
tional law, invaded in arms this pacific island
and fought against the soldiers that defend it; it
being notorious that their companions still re-
sist, protected by the mountains, the attacks of
our troops; and that they, after the defeat they
sustained, were trying to save themselves by
flight, neither justice nor policy counsel me to
accede to the wishes expressed by you and in
this affair will not admit any interference, pri-
vately or officially, from you, nor from the other
Consuls resident in this city.
God preserve you many years
JOSE DE LA CONCHA
HAVANA, August 16, 1851.
1t 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 an cypress terms to such matters as are
strictly commercial. He has no diplomatic pow
ers, and is so informed by the government of the
United States, and every communication 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 ex-
tent of the powers as set forth in the following
royal eaequatm:
DoNA ISABEL, THE SECOND, by the Grace of
archy Queen of Spain:
lnasmuch as the Minister Plenipotentiary of
the United States has reported that the President
of said republic has appointed Mr.. Allen +. Owen
Consul of the same for Havana as it appears
from the commission which he has exhibited beg
ging that would be pleased to approve of it, in
order that he may exercise the functions of said
Office, and to which have assented: Therefore, |
command the Captain General of the Island of
,Lo &l,1r.t 1,,A.. "a
may be to see this my royal decree carried out,
to receive and to recognise the aforesaid Mr.. AL
len F. Owen in the capacity of Consul of the
United States at Havana, in the form prescribed
by the royal ordinance of the twenty fourth of
March, one thousand eight hundred and twenty
nine, and to permit him to enjoy and to exercise
his functions; in doing which he is not to exer-
else any act of jurisdiction, being only allowed to
interpose his arbitration in controversies which
may occur between merchants and seafaring peo
pie, with u view of reconciling them and of set
Ting their differences. Under which condition.
and none other grant him this my royal authority
to perform the functions of said office; and to
this effect order that he may be allowed to cx-
ercse the privileges and to receive the emou-
ments appertaining to the same, and that he may
enjoy the exemptions, prcrogatves, and imnuni
ties compatible with the special law which is in
force in that colony.
Given in Madrid, on the 18th of August, one
thousand eight hundred and hfty-one.
(Countersigned,)
THE MARQUIS MIRAFLoREs.
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 United
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 connexion with our govern
ment, did more than | did, or even as much
have yet to learn it. But, to proceed:
I'd. 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 24th 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. 1t is due to
me that the public, however, should know the
facts and l shall not so far compromit my own
sef-respect as to ask the public to judge between
me and him. But that Capt Kelly may see him
self how far he is sustained by Capt Platt and
Lieut.. Taylor, Of the United States sloop- of-war
Albany to whom he referred in a part of his
statement l subjoin their joint letter to me:
UNITED STATES SHIP ALBANY,
HdUaRd December 4, 1851.
SIR: Your note of this date in reference to a
letter published by Capt Kelly, of the late Lopez
expedition has been received, and we take great
pleasure in complying with your request
We have no hesitation in saying that Capt.
Kelly has made n great mistake in that portion
Of his statement referring to ourselves, TO wit:
"When Capt. Platt of the sloop war Albany,
visited us, | sent to Mr.. 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 arc simply these Before we pro-
ceeded to the Punta, on the 30th August, we called
at your office, and you then desired us to 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 yon
could do nothing for them in your o6iciaL 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 quo
tation from Capt Kelys letter is, that Lieut..
Taylor saw the prisoners some time subsequent
to Capt Platt's first visit to them. Lieut. Taylor
never saw them, except in company with Capt
Patt 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 respectfully, your obedient servants,
CHARLES I. PLATT,
WM. ROGERS TAYLOR.
A. +. OWEN, esq, U. s. Consul, Havana.