New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-01-13
Consular Powers.

Eds. Crescent-It is an ungracious. perhaps
a dangerous, task to say any thing i'll behalf of
man against whom a public cutlery has been
raised, and whom it is found necessary to ruin
in order to draw aside attention from the faults
or vices of others yet sense of justice compels
us to correct the very serious blunder into which
the Delta has fallen upon the powers of foreign
Consuls That journal says that the construc-
ton which would confne the duties of Consul
| to those of commercial agent g is not in ac-
cordance with the legal or customary definition. +"
The ideas flaw with which we have been favored
from that source for year past were certainly
not such as to create in lis much expectation of
legal lore; yet we must confess our surprise to
find thus boldly stated a proposition which might
have been so easily corrected by the most super
fetal acquaintance with the most common
books. Mr.. Wheaton, in his work on Interna-
tional Law, says
| :. The nature and extent of this peculiar iu-
| risdiction depends upon the stipulations Of the
treaties between the two States Among Chris
tan nations it is generally confined to the dec-
sion of controversies in civil cases arising be-
tween the merchants, seamen, and other sub
iects of the State in foreign countries; to the
registering of wills, contracts, and other instru-
| ments executed in presence of the Consul; and
to the administration of the estates of their fell
low subjects, deceased, within the territorial
limits Of the Consulate
The same doctrine in effect is laid down by
Judge Kent in his Commentaries, and he ex-
pressly denies to consuls that diplomatic char
acter which, the Delta asserts, has been confer
red upon them by the . English statutes"
What statutes are these: A general reference
to the statutes at large is equivalent to no au-
thority at all, and would of itself Justify doubt
us to their existence. We have never heard
before of such statutes, and certain as we are
that the English Parliament would have no
power to confer such authority, we doubt whether
it was ever guilty Of the childish act Of passing
them. Politicians may practice while moralsts
disapprove the peryersion of general facts to
serve temporary purpose; but where the char
acter and social position of fellow being are in
question, surely the most hardened partisan will
not pretend that it is excusable Under such
circumstances care becomes as important duty
as truth, and the distinction is but shadowy
between reckless error and wiIIful falsehood
The public prosecutor who should pervert the
law in order to obtain conviction, would de-
servedly be regarded with horror Is not the
present a similar case Mr.. Owen stands
charged before the public with Tillful neglect Of
all the duties of his Office and of humanity,
and that, too, be it remembered, chiefly upon the
authority of unknown and irresponsible individ-
| uals, who but few months ago excited the pub
| lie with accounts of revolution which had no
| existence except in their imaginations, and of
brilliant victories achieved ny men VINO We're Mt
the time broken and scattered band of refugees.
We doubt not that the Delta will agree with us
that misstatement of the law upon which he
bases his defence is inexcusable, and as believe
that it is attributable rather to that careless
mode of writing to which that journal is.addict-
ed than to malice, we confidently look for its
correction.
With regard to the merits of that defence,
while We are not entirely satisfied with it, while
we regret to find in it the too frequent reeur-
renee of the assertion that he did not refuse to
do that which he should have volunteered to do,
we must say that we regard him as being, in q
great measure, the victim of an unfortunate con-
currence of circumstances. His fate is similar
in this respect. to that of the noble but Inflated
| Admiral Byng in the relation of whose igno
minious death the English historian now bluSlLeS
for his connection, even by the ties of country
with that mob which could howl its reioici'hgs
over his grave.
| Nor is the position Of the Government of Cuba
under the law as laid down by Mr. Wheaton, by
any means the anomalous one which it is repre-
scented to be- 1t is precisely the same as tn at 0
Canada, Jamaica, and, indeed, of all the Eu
ropean colonies throughout the world. To tn
! remark that our citizens may suffer much iron
colonial tyranny before application could b
made to the Court at Madrid, it may be reptile,
that the Government would be responsible 70
any Illegal and unjust suffering. Nor is tn
objection any reason for change of the law
otherwise we should have to Keep up n diplo
matte corps in every town throngl lont the world
How could the foreign relations of any countr
be conducted under such system Does no
the Delta see that such a law would at once dis
solve our own Government or does it ever re
heet upon the purport and full force of its argu
ments JUSTICE.
PRESCRIPTION We find the following paragraph in tn
foreign news brought by the Africa, and although do ne
t in In Cn a.