The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-10-21
From the Baltimore american.


From the Baltimore american.
Cuba.
II 10 not to be denied that a question involving
considerable difficulty between the Government of
the United States and that Of Spain is likely to
arise out OF the course pursued by the Cuban au-
thorities towards the American vessels CorneIia
and the Crescent City. Not that the cases them.
selves present any just of a serious dispute;
but that the antecedents Of this difficulty are of
nature calculated to aggravate the present misun-
derstanding, and to render a calm investigation
and adjustment OF it, apart from extraneous ex-
elements, thing rather to be desired than to be
confidently expected or hoped for.
As a principle of international law it cannot be-
doubted that the authorities of Cuba have the right
TO adopt and to enforce such police regulations as
tney may deem essential to the peace and safety of
the island-the same not being contrary to the
general principles Of the law of nations. This
qualification is important. And while this quail
hcaon relates to the nature of the measur CO them.
selves, there is another scarcely less important,
which relates TO the manner Of enforcing the re-
gulatlons In question. There may be abuses in
both respects, while yet the principle itself blend
ed as it is with the right of efpreservation, re-
mains unquestioned.
A simple matter may thus become complicated,
and slight difficulty may grow into an issue
pregnant with portentous results. Thus in the
present o Gs. case Of Purser Smith and the
Crescent Ciiy-it may be urged that the attempt to
exclude the mail steamer Of friendly power from
the harbor Of Havana because one of her officers
had offended the representative of the Queen of
Spain, ia simply an attempt Of the Spanish gov
eminent to dictate to the ahip-owners Of this coun
Try whom they shall employ and whom they shall
reject from their employment; and this NAV be
denounced as position equally ridiculous and
outrageous.
On the other hand, it may be argued that if the
United States have the right to determine that
Purser smith shall be received by the authorities
Cuba, the real and substantial power over the des.
tinies Of that island would be in the United States
and not in Cuba or Spain.
Here we have extreme conclusions. The only
question seems to be how far may the Cuban au-
tnorines rightfully 60 in their measures Of proh.
bition against the advent of this obnoxious person.
Pnrser Smith! II they have reason to regard him
as an Individual dangerous to the peace of the
Island, and connected more or less with conspira-
reason to believe this, think that they have rea
son so to believe, they have unquestionably the
right to take precautions against him. to forbid his
presence, to prohibit him from their shores But
in doing this have they the right also to prohibit tho
landing OF the mails to prohibit unoffending per-
sonages from landingl How far may they go-if
they may go SO far as this-how far may they 60,
or how far may they not go, in obstructing com
Inerce ana In embarrassing and interruptine
friendly intercourse between the two countries?
Thus while right may be incontestible, the
mode Of enforcing it may be ill judged and illegal
Purser Smith it would be the best way of proceed
ing, according to our view of such matters, to
arrest him, if he came within their Jurisdiction,
and give him fair trial upon the charges in the
case; or to make statement of 10 matter to the
Government of the United States If the purser
made it point to keep beyond the limits Of Gu.
pan authority. In either course q remedy might
be found, we should think, adequate to the ext
gency.
We need not be surprised at the existence of a
great deal Of soreness, a great deal of irritated
feeling on the part of the Cuban rulers towards the
United States, when II is remembered that two ex-
petitions have sailed from our shores to attack the
island and to overthrow the established authorities.
A. the same time, however, it becomes the Cuban
rulers TO remember that the Government OF the Uni
ted States on both those occasions maintained the
faith OF treaties and performed the duties arising
from it's international obligations with fidelity and
prompt activity. They should have confidence,
full confidence, in the sincerity of the determine
non OF our Government to uphold the law of ma
sions, and to preserve towards Spain every trans
action between the two governments, the most
perfect good faith Would 1t not be better for the
authorities Of Cuba to let alone is system of war
fare against individuals, and to transfer its deal
ings in all cases of difficulty, to the Government
Of the United States?
AZ to the question Of right, say again that the
government Of Cuba is fully authorized to prohibit
particular classes or descriptions of persons, or
particular individuals. if it chooses to do So from
entering it's territories Many of the States of this
mon exercise that right as 1t relates to particular
Dlasses-free negroes, for example Chief Justice
Fancy lays down the principle very explicitly in
the passenger case:
&c. think it, therefore, to be very clear, both upon
principle and tho authority of adjudged cases, that
the several States have right to remove from
among their people, and to prevent from entering
the State, any person. class description of per-
sons, whom 1t may deem dangerous or injurious to
the interests and welfare of its citizens and that
the State has the exclusive right to determine in
ts sound discretion, whether the danger does or
does not exist free from the control of the General
No sovereign State can permit this right to be
questioned without allowing it's own sovereignty
=: be Questioned. If, under the auspices Of a
friendly treaty, Purser Smith, or any other stran.
ger, should use his opportunities of free ingress,
'gress' or residence in CUBA, for the purpose of
aiding in any conspiracy or hostile design against
he government of the leland, it would be a very
nawkish sort of sympathy indeed which should
induce US to complain of the course of that gov.
eminent in prohibiting from him coming to Cuba
The only thing to be regretted is that the Cuban
authorities in aiming to enforce their restrictions
against an individual who is obnoxious to them
should involve innocent parties in the penalties of
The restriction, and seriously embarrass the com.
nerce OF the two countries and their friendly mu-
ual intercourse.