The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-21
Cuba and the United States-The Crescent
City Question.


Controversy, SIR" says the lawyer in the play,
every possible proposition is susceptible of contrO-
yersy." We must bear this carefully il mind when
We read the conflicting opinions of our cotempo-
raries On the recent outrages on the American flag
in Cuba. We must constantly repeat to ourselves,
that if paper in Wall street were to assert that
Willard Fillmore is President of this republic.
paper in Nassau street would be found to deny il.
If the Courier were to assure its readers that the
shines at mid day, the Journal would forth With
bring battery of logic and precedent to bear on
the rash statement
We cannot fancy clearer case than that Of the
Crescent City This country is on the most perma-
nent terms of amity with Spain We are, if not the
best, at all events very considerable purchaser Of
the products Of the Queen of the Antilles. The
treaty Of 1896 is still in force and contains the fol-
lowing express provision
The two high contracting parties hoping that the good
ndepce and friendship which happily regns be-
tween hem will be further increased by this treaty. and
that It will continue to augment their prosperity aud
opuence viii in future give to their mutual commerce
all the extension and favor which the advantages OF both
coun tries may require.
To which may be added the frs. article Of the
Florida treaty, as follows
There shall be firm and inyolable peace and sincere
friendship between his Catholic Majesty. his
and subjects and the United States and their citizens
without exception Of persons and places.
Under these formal treaties, and under the reli-
auce placed in the good faith of both governments,
large ard important trade has sprung up between
Cuba and this country. A line Of mail steam
ers plies regularly between New York and Havana,
not less for the convenience Of the residents Of the
island than for the use Of our mercantile community
Such being the state ofnaters suddenly without any
notice or warning to our government, the Captain
General Of Cuba breaks off the intercourse bet ween
the United States and the island and refuses to al.
low the mail steamer to enter the harbor Of Havana
We do not pretend to be deeply versed in the pria
siples Of international Law; but we have dim re.
collection that some authors have construed less
grave outrage than this, not as a mere insult to te
atoned for by an empty apology, but as IN absolute
declaration Of war. 1t is true that the representa-
tive Of Spain has not yet been recalled from Wash
pgton but we ask it, in al candor, can the recall
Of ambassador be more direct, explicit rupture
Of relations with Spain than the refusal to adj
NIT our vessels into the harbors Of Cubal From
ordering the Crescent City to sheer off, to capturing
her, and adjudging her n prize in the Havana
Admiralty Court, there is but short step yet q
little more forbearnnce on our part, and we shall
have this to chronicle.
Let US examine the alleged grounds on which the
Crescent City has been ordered or. The Didrio de
Ia Marina tells US that the purser, Mr.. Smith, has
been, during his visits to Havana, in the habit of
collecting intelligence Of the disafecton prevailing
among the Creeles, and communicating the same
to parties here on his return. This conduct It
seems, renders him so dangerous enemy TO Spain,
that the Cuban authorities are justified in refusing
to allow any vessel to touch on board Of which he
may happen to be. We do not think that the
whole annals Of despotisn can furnish parallel to
this reasoning.
If Mr. Smith has committed any such acts as
those laid to his charge, they we're committed in
the United States, whose courts csn alone take
cognzance thereof. Captain. General Canedo might,
with equal show Of right, attempt to stop the
issuing Of this paper, because have foretold the
inevitable consequences Of his folly and tyranny as
to punish Mr. Smith for his conduct at Nov York It
is an imrudens assumption Of authority, which
neither law nor reason, nor even expedisncy, can
Justify II is impossible Of course to draw an ex-
act parallel between free country like the United
States, and miserable den Of tyranny like Cuba
but If we can overcome the repusnancs necessarily
attendant on such an hypothesis, let suppose for
moment that it was declared reasonable TO agi-
tate against the Fugitive Slave law. Is there any
sane man who would expect for moment that We
would think Of excluding the Cunard steamers from
our ports because they had dozen Exeter Hall
fanatics on board The very surpositon is ridicu-
ious Foy vhlttyer igfrsc dcts cr Tie laws n the
pEi.sd .mies Il. sEl'i ass kase cyaai.sJ q