The daily union., 1852-12-02
The Cuban DifIicuIty.
distinction.

Tue Tfesuehl puDsheu IN our columns oil Sunday last,
contains all the Official information yet made public as to
the recent action and policy of government and OF
the Cuban authorities in the controversy which has
arisen in relation to the landing of passengers and mails
BY our mail steamships in the port of Havana.
By the correspondence between the agent OF the steam
ship company and the postmaster of New York, acting
under the instructions OF the Postmaster General ap-
pears that the administration has resolved 10 withhold
the mails from any of the mail ships which may have
Purse Smith board II is also understood and not de.
ned though not stated in this correspondence that the ad
mnsiraon has announced ts determination no, TO permit
any OF the mail steamships having Purser Smith board
TO be commanded by any officer OF navy, though the
law creating the Cuban mail line requires the mail ships TO
be so commanded II is plain therefore, that the admins
ation has taken not only the responsibility OF compelling
the contractors for the transportation of the Cuban mail
10 dismiss Purser Smith from his employment on the
mail ships but has also assumed the further RESPONSE
bii,y of prohibiting Purser Smith from going to Havana
in any OF the mail ships in any capacity for any pur-
pose whatever.
By the letters OF consul and our acting consul al
Havana, appears that government has taken this
course in regard to Purser Smith in compliance with the
demand OF the Cuban authorities, and that their demand
mail ships under penalty OF refusal of all the privileges
OF the port.
II sproper also TO state, that, by the Presidents letter
already referred TO- appears that the administration is
engaged in negotiations upon the subject with the gov
of Spain, and that il has announced its deiermi-
nation TO maintain all the rights OF citizens and OF
our commerce in the premises.
This state OF facts raises three distinct questions as 10
the policy and action OF the administration in the case:
First Has the administration done any wrong towards
Parser Smith Like any other citizen OF The United
Sates Parser Smith has his rights Are those rights
unjusufably nirnged or invaded by the action OF our
government,
Secondly, Has government taken a justifable
course in this matter towards the mail steamship CON-
pany, is its action ii its bearing upoR the company
unwarranled and oppressive :
Thirdfy Is this action OF government regard 10
the mail steamships taken, is upon facts they
now known, and during the tendency of negotiations
with Spain wise, just and worthy policy in its bear
ing upon the relations OF the two governments Il il
compatible with due maintenance OF our national rights
Interest," and honor and above all. does tend the
maintenance OF honorable peace between the Two coun-
tries!
Presuming that all this matter will, before long, be
fully before Congress anl the country and not desiring
to anticipate either our own the general judgment OF
the in advance OF a full statement OF it, we have
word-anj but a word-to say upon each OF these
three questions in their order
Purser Smith has undoubtedly sustained at The hands
Of his government, great harm-and il he be an inno-
cent man, great Injury From the multitude Of his
ieIlow-citzens he private man, is singled out by his
J.h L,
va,e citizen deprived for aught that appears to the
contrary, Of his livelihood efectually prevented from
taking passage to Cdha for any purpose, 10 any
paciy whatever the regular line oil steamships running
to Havana and, in fine, virtually sgmaiised a culpH
law-5reaker, and distsrber of the public peace.
Before assuming, upon any considerations OF public
policy, such attitude this towards any citizen OF
the United States govenmen, is certainly bound,
both legally and morally, 10 have clear and strong and
imperative grounds for its procedure. Smith has vol
unfairly and solemnly swora, the broadest and
explicit terms iha, he is absolutely AMI wholly inno.
cent Of any offence purpose Of offence towards the
Cuban authorities His yeraciIy il unimpcach-
ed His employers believe him, and attest his good
character and prudent and faithful service. 1t is conf
deny stated and not yet denied. that his Cuban accu-
sers avow that they merely suspect him, and are, or
have been ready TO regard his denial sufii-
cient ex;uIpation BE this il may be, we free 10
say that we know OF no dsesriaintd or probable
facts in Smiths conduct which Justly be regarded as
guilt deserving OF the hard and heavy penalty which
his government has by its action imposed upon him.
As 10 the action OF the administration towards the
mail steamship company il amounts 10 order to turn
Smith out Of his employment, under penalty Of fine and
forfeiture for non-pefornance OF contract in carrying
the mails The legal right OF the administration 10 issue
such an order depend upon the contract itself and
that instrument is not before us perhaps bound
presume until the contrary appears that the order
legal one under s provisions But is il Just well as
legal Is il not part Of the company's franchise TO
poy such private and confidential clerks II peases,
upon guarantee OF their good conduct and upon its
osn responsibility for any public Inconvenience
growing out OF their misbehavouri Are the com.
pany bound that all their servants and passengers
shall bo pleasing in the eyes Of Canedo, or does
their obligation terminate when they see 10 II that
the men in their employment behave themselves az good
citizens and obey all the laws which they bound to
obey These are grave questions; and when our gov
eminent undertakes to enforce upon these
rers by fins and forfeiture, the exclusion Of particular
persons, because Canedo suspects them OF being
picous persons" il seems to that the government
should be ready to present-and should without delay
presentto them and TO the country good and suaicen
grounds, both Of law and Of fact and OF equity, for
Il r. -. -. a A q.