The daily union., 1852-12-04

| Seuators-Messrs. GwIs OF California, and Dawson
7 Of Georgia.
! REPRESENTATIVES. -Messrs BRAGG OF Alabama DAw-
.Os Of Pennsylvania. DUNCAN OF Massachusetts, BRleos
Aof New York. HESs OF Iowa, HEsDRIcKs OF Indiana,
and STANTON Of Tennessee.
We Yesterday omitted to notice the arrival on Thurs
,v last OF Hon. VIM. NJ Gwn senator from California
Tbs circumstances under which the honorable senator
.ded for California after the adjournment OF Congress
vl be remembered by readers; and his numerous
friends will be glad learn that he returns the Senate
IN excellent health and in the highest spirits
The cuban Difneulties and tho Administration.
The Republic OF yesterday has the following state
men which is worthy of notice showing the root and
oya Of the whole series Of errors into which, during
s uast two years, President Fillmore has fallen in the
management of our relations with Cuba. The Republic
says
ave repeat reply Tais coutry has commercial
,,y ,vith Syaim Oar CONNIE rcia intercourse with her
= carried on under the and comfy OF nations and
a rights Of the respective parties must therefore be
nayed of by the law o nations not by any treaty sipu
aons Our treaty with Spain treaty OF friendship and
nayga,ion no, commerce and although evidently con-
,soolanQ further negotiations for commercial treaty.
none such have been entered upon. There is no
treay giving 10 right to send mail TO Cuba"
The main charge against President Fillmore in his
management of all controversies with Cuba 49, that
bs action has assumed the whole of the above statement
d his organ 10 be true while in fact it is almost entirely
erroneous The Republic calls its statement, that 1--WE
have no commercial treaty with Spain." repetition.
On the contrary, it is statement which, though ap
ueny acted upon by President Fillmore, has not before
been apoped, to our knowledge either by his organ or
any other American journal.
President Fillmores Cuban proclamation proceeded
upon the fatally assumption that there was no
treaty giving any rights privileges OF legal trial or de-
fence 10 American offenders within Cuban jurisdiction
when arrested by Cuban authorities This most capital
error is now scarcely denied. We denounced it when
il was committed quite emphaicaly as we denounced
the other great Of the same proclamation which viz
ualy but eecualy conceded British and French crus
ers the right TO seze and hang at the yard pirates,
the Lopez cxpeditonisis their way Cuba The first
Of these errors demonstrated total ignorance or disre-
gard of our treaty with Spain The second Of them
showed equal ignorance or disregard OF the laws OF
nations But the proclamation is bygone. In its day ii
did its evil work, and has passed into history
ing to future administrations.
And now the Presidents organ has formally announced
that our commerce with Spain has no treaty rights
and no treaty protection. This explains all that have
condemned and deplored in the Presidents management
Of our later Cuban difficulties The hesitation, the shuf-
fling the delay, the manifest reluctance the
responsibility Of any decided position, the makeshfs to
gain ,me and finally the il.omened and grave admis
sons in favor Of Spain and in defeat OF American rights
which have marked the past and must embarrass
The future action OF the adminislrational these
hr>o
for the first time put forth in TERMS that for the pur-
poses OF commercial protection, treaty with Spain
worth less than the blank paper upon which il is written
The absurd Of this declaration has already beer
sufficiently exposed in columns Our treaty with Spair
spuales that the liberty of navigation for which it pro
vides shall extend all merchandses not conraband.
II introduces express stipulation "for the promotion
Of commerce." la several articles il stpuates for the
protection OF American ships, persons and property with
in Spanish Jurisdiction II provides for the reception
recognition, and residence of consuls commercial
agents. with all the powers and privileges conceded 10 The
favored nations II expressly stpulates that mer
chants Of each nation shall, the breaking out Of
between them, be allowed year their prop
erty out OF the jurisdiction of the other To say that
such treaty is not commercial treaty because 'nayi
CATION only, and "commerce," is named in its title
is surely to talk Pray what is the navigation
named in the tile Is it navigation for purposes o
commerce, or is II mere yachting
Enough OF this and Of the RepubG,'s declaration thai
we have commercial treaty wiki Spain The organ
can soy what il pleases without much harm but when
the President assumes TO act upon such sayings the
TRUTH then the country speedily finds itself embarrassed
hampered, and humiliated it has been in hi.
Cuban difficulty since Canedo began to fAibuae,
agains, mail ships
The Rpubiie refers to judgment to the o.
the mail company in sending out Smith in the Cherokee
after government bad virtually concurred with Cane
do in denying him the right TO 90. We think that the
company should have bowed TO ha, decision and have
left the whole responsibility of II TO the government
Bat we bound to say, that up to the time OF the
sailing OF the Cherokee with Smith. moth
ing wrong in the action OF Mr. Law or OF his company
For weeks-ever since the eth OF October, the time
when the difficulty was brought 10 his knowledge-he
stood in his capacity OF mail contractor, in a respectful
altitude before the administration asking what he should
DO sbost the obsucied delivery OF the as and passen
GERS and what the government to do 10 the prem
ses. He got answef-none, that is, that, either 10
form or substance, was eft to be made" He was lef
snirely-we may say abandoned-to his rights a cii
in the prosecution Of his lawful business including
his duties public character 10 his government He