The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-10-17
From tho Nov Orleans PiesyuAe.
spanish Treaties.


In the discussions 10 which the Crescent City affair !:
likely give rise in the United States, il important e
know what are the treaty stipualions between the United
States and Spain IN regard to commercial intercourse De
Il is mistake 10 assume that there is any commercial
treaty. properly called, between Spain and the United
States There are. in fact but two treaties 70 force
that OF 1905 and that OF sl9 and numerous articles IN
both have become obsolete. There have been Two o.
three conventions for the adjustment and payment o.
claims. but they obsolete, The treaty OF 1913 4
called "a treaty OF friendship limits, and navigation.
and that OF 1919 "a treaty OF amiy, settlement, and Inn
It's" The latter is What is commonly termed the Florida
treaty and in addition 10 the articles regulating the sale
and delivery OF the Flordas and the protection OF the
rights Of the inhabitants II contains in the twelfth article
confirmation OF the treaty OF 1895. with enumerated ex
cepons and some additional general articles on subjects
OF navigation.
Spain has never acceded 10 the policy OF commercial
treaties which the United States have negotiated with SO
many foreign powers. in which the admission of the
chant shipping is mutually stipulated upon specific terms
The commercial intercourse OF the two nations is Iegu-
lated by independent legislation These laws while they
exist taken in connexon with the laws OF intercourse
which make the general law OF nations-a code which
each party is bound to recognise and respect Any de-
parure from the acknowledged practices OF agovernment
in lis administration oil lis own laws, cvelled al the com
citizens OF another government specially is as
much breach OF amy, and as much an act OF aggres
sion, as though rsre violation OF an expressed spu
laton. The obligations OF good faith are as absolute as
though the engagements had been precisely set down IN
written instrument
II there were no treaty OF amty at all and commerce
had grown up BY sueance under the shelter OF the
listing laws OF the two countries sudden alteration OF
the law without adequate notice, would be violation OF
amty and ground for national complaint. Much more
serious and really ndeensble would be the disregard OF
those laws, while they exist by arbitrary act subject
ing individual foreigner, without notice and with
out legal accusation OF offence or opportunity OF defence,
to proscripve expulsion and loss The offence becomes
grave it the foreigner thus expelled caprciousy
and without law. should be known agent oil friendly
government, engaged al the time on lis service with the
full knowledge and previous countenance OF the anhor
ties by whom he is driven out ANONYMOUSLY The pri-
vate injury and the public atront are as complete as
though the good faith and courtesy they violate had been
described and promised exactly in the words OF treaty.
The treaties OF 1895 and 1919. which rule the inter-
between Spain and the United States must have
meant very differently when they declared article 1, in
such treaty
There shall be firm and involable and SINGER
friendship between his CATHOLIC Majesty his successors
and subjects and the United States and their citizens
without exception Of persons and places"
firm and inyiolable peace never be maintained
If such OF capricous tyranny hy the su5ordinates IN
Cuba rebuked and punished by The responsible
government at home; and OF friendship
can be credited until such acts are dIsavowed and
atoned for
whole treaty. which promises Cart 81 mutual assistance
and kindly acts towards the ships OF either power when
in the ports of the other which engages TO defend and
protect them to the extent of the jurisdiction by and
land; which exempts them cart y from embargo or
detention in OF war; which promises them Cart 81
shelter and aid in case OF storms and which Carl y Sc
the citizens subjects OF each Tree access 10 the
courts of Justice ct the other all cases. and provides
that all cases shall be prosecuted "by order and auhori-
ty OF law only" and that the parties shall have liberty
of counsel and defence
Now the osensibe cause for the driving out OF the
Crescent City imputed offence by citizen OF the
United States, who might be on board OF hercommiited,
il at ALL under the jurisdiction and the territory OF the
United States The Spanish authorities have no jurs-
dicton of the offence the person they had no
material upon which TO make official charge;
Iuently there neither legal examination verdict
they had every that the charge was inbound
I'd in fact and yet such vague suspicion, they chased
an American vessel out OF their haIbor detect
ed criminal No form OF law observed and II fol-
lows that every vessel from the United States is liable to
the caprcous and arrogant tyranny without even
the poor formay OF assigning cause Tor The insult II
this be allowable. the treaties are not worth so much
wrapping paper-helr existence is farce and mock
ery and the laws by which commerce has been couried
by Spain are contrvances by which nsolence can be
made more marked and offensive.
These views have nothing in common with hllibuser-
ing plans, any design upon Cuba II is an American
and not Cuban question, and cannot involve in any
way the question of INVASION conquest any change
OF the political relations OF Cuba, unless the treatment OF
this matter by the Spanish government itself shall in the
adopting OF the ac, OF lis subordales and refusing repa
ration for the outrage give bearing which does not
belong 10 il properly, and impose uerior upon
the American government inevitable national pol
icy.