The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-18
into reasonable ground Of quarrel, still less Of

into reasonable ground Of quarrel, still less Of
war
What publcist-what man of common sense-
denies to country the right of enacting and en-
forcing such police regulations "a its rulers may
deem necessary to its pesce and safety France,
10 seasons OF domestic trouble DEGREES that certain
suspected individuals and classes shall not her
boundaries and neither Ledru Rollin nor Louis
Blanc questions her right to do SO, however little
they relish the hardship it occasions. When Ireland
was in state OF incpient rebellion England seized
and cast into prison American citizens who were
suspected of fomentiDg mischief and though Mr.
Bancroft demonstrated against the harshness of the
proceeding, neither he nor Mr.. Buchanan, the then
Secretary OF State, disputed the right on which it
rested AT this moment South Carolina asserts her
right to hold in duross colored subjects of Britain
entering Charleston harbor in British vessels not
because they have committed felony, but because
Of the pelice provisions, which the local aa-
tborities hold 10 be essential to the good order
of the city Still mere South Carolina and Lou
isisns claim and enforce the right Of imprisoning-
and, under certain contingencies. selling-colored
citizens OF Boston, New York, or Philadelphia, sail
ing as servants board of merchant ships or steam
err, WREN they respass inst local laws laws not
leveed against theft, or drunkenness, or riot but
simply against the resence, in particular crcum-
stances. OF free col0red individuals Surely, then,
the right conceded to En- gland in times of peril aud
exerted even now by France and by States Of tails
Union, may, without improperly, be claimed by
SPAIN and be exercised by her in any precautionary
measures she may adopt to maintain her colonial
possessions intact II is the right ofself defence aud
nothing more. If Cuba. having a disaifectsd popa-
lsEion amongst the Creoles, be menaced by org lnz
cd bodies in the United States, her government is
clearly justified in declaring who shall and who shall
not be permitted TO land upon her shores; and this
country has ground of offence if smother of
our citizens be excluded by the arrangement thus
devised
If Purser Smith awaited himself of the visits Of
the Crescent City to Havana TO obtain inform stion
which he communicated to parties in New York,
who afterwards used it to the prejudice of the
Havana authorities, they committed no offence
against cur rights or honor when they prohibited
HIS return They did what the government OF the
United States, or OF any other nation, would have
done in similar circumstances We do not say that
Smith did what he is alleged to have done; We are
wiling 10 believe that he did not after what Lieu.
tenant Porter has sad the subject; but so long
as the authorities Of Havana consider that their
grounds of suspicion against him are valid, neither
he nor we can complain. They are to be satisfied
OF his innocence, and he must abide by the
consequences of the suspicion until the evil
denoe adduced be sufficient to remove it. They
now ask for his own disclaimer as the only proof
required; and we cannot but think that Passed
Nldshipman Davenport was needlessly punctilious,
when, on the last visit, he refused to allow Smith
to comply with the demand The testimony Of the
superior officer should be enough; but the Captain
General having decided otherwise, we are AZ = loss
to perceive bow the national honor could have been
compromised by humoring his dignity Passed
Midshipmsn Davenport may claim to fix the oharac-
ter of the tribunal which should administer justice
in Smiths case, with as much reason as no claims
to decide that the written dsavowa of Smith is not
necessary to meet the requirements of the Havana
law Such claim, if acce5ed to, would reduce the
sovereignty OF nations to a nonentity.
Whether the Captain General exceeded his pow
ers in excluding the Crescent City because the
obnoxious individual was on board, is question on
which we do not propose to enter. But this we do
say, that the exclusion violated the spirit if the
letter Of the treaty existing between Spain and
the United States. The course uniformly pursued
by Mr. Filmore's administration-iss efforts to
rgidy enforce treaty obligations, and to preserve
relations of peace-shoud have restrained the Cap
tain General from the unfrendly manifestation in
yolyed IN the refusal to permit the landing Of the
mails and passengers. That was an act which ad-
mits Of no justification. 1t was offensive to the
government of this country and calculated only to
excite retaliatory temper on the part Of the
American people. AS matter OF policy, IL twas alb
surd AS q blow aimed at our ordinary commercial
intercourse it was singulary indiscreet.
But the Captain General has not played The only
absurd and ndiscreet part that figures in this con-
nexion Mr.. George Law, or tie steamship COM
pany Of which he is the head, excels the Captain
General in both particulars In attempting to force
PuIser Smith into Cuba, Mr.. Law has done what ad-
miis of no excuse. He has arrogated to himself
right from which any upright government would
shrink; and II ne persist in pressing spostion, ne
will be permitted to extrioate himself from the
dilemma that may result; as best he can.
Suppose the United States to be threatened with
insuuectioD, or war, and Spanish steamer plying
to New York had on board an officer whom the
Mayor Of New York or the President Of the United
states suspected Of being q spy, we wan; to know
bow often the steamer would be per mitted to
dock with that officer on board Would more than
Jingle warning be given to her commander We
think not. Or, suppose that the British Anti
Slavery Society were to send . steamer to Charles
ton, with George Thompson its purser, would the
citizens permit him to land; would tho steamer
be permitted to repeat the visit with the same in
cendiary as its officer Or, suppose that the Bos
IN Apfi ~ tn a1ya EraIn .p-
glas captain of schooner, freighted for New Or
leans, would he be allowed to anchor alongsde Of
the wharf where Purser Smith is to be welcomed to
public dinner !! Still we answer no. And if, not
being allowed to land, George Thompson or his
black ally were to attempt to force himself into
Charleston or New Orleans, we imagine that the
authorities or the people Of the city would reese at
the impertinence summary and eifectually.
We dare say that in such case Mr.. George Law
would call as loudly rs anybody for vengeance.
And yet Mr.. Laws proceeding has been ss offensive
as that OF any OF these imaginary instances Pur-
ser Smith told that he could not enter Havana;
still Mr.. Law sent him, with instructions not to
deny the charge pending against him. He sent him
second time-a third tme-and, for aught we
know, fourth time yet awaits him. What is this
but sheer bravado! What but discrcdtable at
tempt to bully the Captain General into the sur.
render Of position rigbtfully held What but
flibustering device to fan the flame of public ex-
element, and If possible to involve HE two coun.
tries in the horrors of war!
Of Mr.. Smiths title to the honors promised him
by the DeftG, it is difficult to speak with grave
countenance He may be an efficient parser and a
most estimablo man, though the public dinner is
not intended recognition Of him in either capa-
city He is to be elevated into martyrdom. and to
be feted as one who has struggled to emancpste
Havana! We shau be curious to learn who aud
how many consent to compromise themselves by
participating in display, which would beridculous
If it not so obviously designed for mischief.
While, then, the administration is prepared
to uphold the rights of commerce, and to vim
dicatc sll the proper privileges of our citizens,
it is neither prepared nor disposed to call in
question the prtrogatve claimed by Cuba with
administration wi maintain to the fullest extent
the right Of American vessels to trade With Havana;
aud VIII guard unninchingiy the personal rights Of
American citizens visiting Cuba who do not compro-
misc themselves by en- nfrsctior Of tn, local laws.
Further than this it will not canDot-go IL will
not enter into TO crafty the cpprces Of an ndi