The daily union., 1852-11-30
Our Treaty with Spain.

gress present in the civ
| y.
Our Treaty with Spain.
lew days ago the Republic affirmed that no ct;,eno
the United States had right, under our treaty v,,
Spaln 10 enter the ports or set foot on the soil Of nh.
and that journal challenged the Union 10 refer "a q,
stpua.ions in the treaty recognising or establishing ueh
| a right
In reply we produced and referred to several articles i
the treaty. establishing between The two governments and
all their respective citizens and subjects reIa,ions az
peace and anity without exception Of persons o place..
and also establishing. regulating. and protecting sys
ten OF commercial intercourse between the iHhabiansd
each nation within the jurisdiction Of the other From
the articles we cited, il is clear that the treaty conem
plates The presence of American vessels in Spanish por
and the residence OF American cizens in Spanish ter
ory. for purposes OF commerce. and spula,es for The
due protection OF persons and property 80 situated
In the face Of such stpulaons. it is certainly mpos
BILE for the Republic deny that the treaty admits ard
sanctions the right OF American citizens to land up n
Spanish soil in due course OF lawful commercial bus
Il is immaerial TO US whether the right be erta
ted by the treaty, whether il results from that com
which forms part of the legal relations OF civilized
nations al peace with each other. 1t is enough for US
that the right recognised and sanctioned in the treaty
On this recognition and sanction we res, our position
thai American czens may, under The treaty. righ,fuy
visit Cuba until they commit act to work forfeit
ure Of the right thus secured them and our further
position that wanion and arbitrary exclusion of Amer
lean vessels and American citizens from the Cuban pos
Is violation OF the treaty and defeat OF its manifest
purposes.
The Republic seems now to have adopted our way Of
thinking this points for in lis yesterdays reply to US il
says:
" The Union msconsrues view in impostan, par
ucular when IL represents maintaining that there
nothing In the treaty which authorizes any clzrns of
the United States foot in Cuba We have
tsnded that citizens may use the customary pv
eges OF Spanish port Tor The purposes Of lawful
merce That they may do this willing concede;
the fact that they have been accustomed to do does
prove that right guaranteed by treaty II nothing
appears the subject in the treaty, the practice referred
only shows 'ha, sach privilege has been exercised BY The
general comfy Of nations"
Our readers Judge for themselves how far we
misconsirued" the Rspsbe for here is that journals
position, originally stated in its own language Of last
Wednesday;
1--WE affirm, in opposition to s assertion that
there treaty supuiatons' between this county
and Spain that authorize any ol citizens land upon
the island OF Cuba and challenge the Union present
tAen Of them, that the public may Judge between
as"
This language not only warrants but compels exactly
the construction we put upon III for does, in terms, de-
clare that there is nothing in the treaty which author
ICES any citizens OF the United States TO sci foot 10
Cuba"
Blu. nop, in the first extract above cited, the Rspuh
admits the right OF American citizens 10 visit Cuba. a
claims that the night exists by the comfy OF nations and
not in vtae OF the treaty Surely, the conclusive answer
10 this s tha, the treaty recognises the right actually
existing, and provides in various ways for The protection
Of our citizens in the due enioymen, Of IT, Surely this
fact makes The right ireayrghi. before We touch The
question whether or not IL exists independently Of the
treaty.
The Requisite insists that several Of our treaties sipu.
late IN sryre. terms for The right OF American citizens
TO become residents within the jurisdiction OF The differ
emf nations between whom and the United States those
treaties entered into while such express spus-
ton appears in Spanish treaty The answer is first
thai the treaties referred 10 are OF later date than
Spanish treaty; secondly, that the treaties coevsl with
Spanish treaty do contain such express spuIs
lions and thirdly. that the right OF such visit and
dence is surely not the less clearly sanctioned in the ties
ty in that its existence is assumed in that insirumen and
then carefully protected existing and undoobled
franchise.
But the main point ia our present issue with the gov
eminent organ is its present recognition Of the gha
American citizens under be treaty visit Cuba and en-
Joy The privileges Of the Cuban ports We cannot recon-
cie this admission Of The organ with all that we have
heard Of the course Of the government regard to Pura
Smith and any mail steamship on which he may sail We
have no desire, however, 10 ca,e the question By
taking at This stage Of il. any premature extreme
ground. In our judgment, the country will look TO m
administration for policy in this matter which, whe
is justowards Spain, shall yet fully maintain the ngna
OF American citizens and American commerce We hold
such policy on our part be essential to the mamie
of peace between the two countries and we hops
that no suspicion jealousy Of Mr. Lsw-even though
have power 10 draw the President OF the United States
into most unprecedented, not to say undignfed, pr
vate couespondence--wil be permitted to defect ns
administration from such firm. frank, and manly
course in this business the interest and the honofo
our country require.
| MAJORITY IN MIcHroAs.--The majority for Pierce ~
lhs State will reach very wear eight thousand five bun
dred, Governor MeClsh.nds majority will be sooo'
the same-perhaps q trl6e Issa. The fnl returns o'