The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-10-23
The Cuban Dif1cuity.-Capt. Porter's Protest
The following is the protest delivered TO the American
consul by Captain Porter:

consul BY Captain Porter:
PROTEST
Whereas the first article treaty OF amIy between
Spain and the United States declares there shall be Arm
and inyioa,e and sincere friendship between hi,
Catholic Muesiy bis successors and subjects the Uni
TED states, and the citizens thereof without exception
persons or places !; and whereas 9th the same
treaty promises mutual assistance and kindly 10
wards the ships Of either power when la ports of the
Other which engages defend and protect them 10 the
exient OF jurisdiction, by land ]" and article Oh
secures the citizens subjects Of each free access 10 the
courts OF justice OF the other in all cases and provides
all cases be prosecuted by order hority OF law only
fence.
How far the Spanish authorities in Cuba have con-
formed TO this treaty is apparent from the fact that they
nave arbitrarily and without any form process OF law
caused United States steamship engaged in the pursuit
on legitimate and peaceful business 10 be turned from
their port on one OCCASION and refused communication on
another, merely Tor imputed offence committed in the
territory OF the United States, (or which offence, if &C
tually committed within their territory the Spanish au
thores had no right TO punish American citizen for
on two occasions the undersigned has in plain de-
MED that Purser Smith wrote anything against the Span
sh government in the newspapers OF the United States
But the word OF officer, who has heretofore enjoyed
the confidence OF his government and the company, il
seems has been entirely disregaded by the Cuban au-
thorlies, as If they ignorant of the polity which
governs civilized nations. On the contrary they have
pursued vindctve and uniriendly course. which must
II Persevercd in nfiict great and serious injuries the
commerce ofthe United States and against which course
as applied TO This ship, or any OF the companys, the
Undersigned once more strongly protests
the Spanish government in Cuba TO the fact that the
Crescent City sailed from New York with large mum
Der OF Cuban and American passengers board. every
one OF whom had with him passport from the Spanish
consul at New York. granting permission TO sail in the
Crescent City for the port OF Havana, with guarantee
OF safe landing on the shores OF Cuba Moreover that
the Spanish consul at that place did not inform the pas
sengers, give any notice 10 the United States Mail
Steamship Company, that there any likelihood of
The Crescent City being prevented from entering The port
OF Havana.
Ii is true that manifesto was issued to the under
signed but the company in nowise bound by such
manifesto, having perfect right 10 consider il The hasiy
and illadvised act of subordinate officer, Martin Gal
lano (by whom il signed j which act if peseyered
in would interrupt the friendly intercourse of the two
and which they would likely respect after
the dsavowal OF the imputed offence by the undersigned
The Spanish authorities in Cuba have, in a most arbi-
tray pursued by them, violated the treaty of ami
ty existing between the two countries-have inflicted
serious injuries private individuals and this COM
pany Interests OF large amount likely to suffer by
the non deveance of the mails inrusted the govern
ment officer OF friendly nation, and the wheels of COM
merce, far regards this ship, entirely al
stand. Mr. Smith, the officer in question, has been
long time employed in the companys service with the
full knowledge and previous counenance Of the Spanish
authorities who have driven him from their harbor; and
il is wel-known fact that the undersigned and those
under his command have always absaned from any act
OF interference with the affairs OF the island either by
speech act though might naturally be supposed that
they could not help sympathizng with the msiortuaes of
the unfortunate captives
In conclusion the undersigned takes this opportunity
protest again in the sron ses terms against the ndeen
sbe disregard OF the treaty of amity and law Of nations
by which American citizens are, without notice and legal
accusation OF offence, or opportunity offered TO defend
subjected to prescription and meTcan
tile loss the dag of the United States treated with scorn
and contempt and the government treated with dsrespect
in the person OF its officer, who, though commanding
ship owned by a company, is placed in his position by
written order of the United States government and by
law of the Congress Of the United States The under
signed also protests against not being allowed 10 make
known the American consul the situation in which he
placed having been refused positively permission
10 communicate with the representative of the United
States in the island OF Cuba An appeal the consul OF
a country is respected among barbarian powers
from whom knowledge OF the law OF nations is not so
much TO be expected.
Respectfully submitted,
D. D. PORTER, Lieut. u. s. NAVY
To the authorities OF Cuba, Oct iith, 1852.