The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-10-21
THE AFFAIR OF THE CRESCENT
CITY,

lie new OTk VI NN'h'A"iS'' ia ''~
course OF a discussion with the Courier and
Enquirer upon this subject quotes the follow
ING authorities TO sustain its position that the
Spanish Government Of Cuba had right, I'M
der existing treaties, TO refuse PERMISSION to
Purser Smith TO land at Havana.
First. Chief Justice fancy, who says:
think it, therefore, to be very clear, both
upon principle and the authority OF adjudged
cases. that the several States have right 10
remove from among their people, and to pre-
vent from entering the State, any person or
class or description OF persons whom il NAV
deem dangerous or Injurious 10 the interests
and welfare of its citizens, and that the State
has the exclusive right 10 determine in it's
sound discretion, whether the danger does or
does not exist, free from the control of the Ge
neral Government"
Second, Vattel, who says:
The sovereign may forbid the entrance of his
territory either TO foreigners in general, or IN
particular cases, or to certain persons, or tor
certain particular purposes, according as he
may think it advantageous to the State.
Third, Chancellor Kent, who holds the fol-
lowing language:
IT, however, any government deems the in
PRODUCTION Of foreigners or their merchandise
Injurious to the Interests of their own people
which they are at liberty to protect and pro-
mote, they are at liberty to withhold the indul-
gence.
The Journal, then, supposing the case OF
their having been already admitted defines
their duty in the following extract from |attel:
From sense Of gratitude for the protection
granted, and the other advantages he enjoys,
the foreigner ought not to content himself with
barely respecting the lars Of the country;
he Dug hit TO assis il upon occasion, and contfi-
butte to lis defence as far as is consistent with
his duty as citizen of another State.
To ell this form liable array Of authorizes,
it may simply be answered that none of them
apply to the case in point. The persons
Of whom Chief Justice fancy and Vattel are
speaking, are pirate individuals. Mr.. Smith
$, on the contrary, mail agent, and purser
on board q vessel. In the first capacity, he is
an officer of this government, and it strikes us.
that before these high-handed measures were
resorted to, il would have been al least polite
in the government Of Cuba TO have requested
through the Spanish Minister at Washington,
hat he might have been Withdrawn. We know
but little Of International Law, but we DO know
that such is the custom with regard 10 diplo-
matte functionaries, and we can see no reason
why it should not extend to all officers who
have continual Intercourse with foreign 60.
yernment. If Er. Smith had become obno1-
ious from any cause, or from no cause, to the
government of Cuba, we humblv submit that
steps should have been taken for obtaining his
removal. We are we'll aware that diplomatic
tunctionaries are often thrown out Of Office
by The refusal OF the government, to which
they are accredited, to hold Intercourse with
Them and that a case Of the kind occurred dur
ing the administration of General TAYLOR. But
if we recollect rightly, it was argued at the
time that such sudden and abrupt dismissal
might, without stretching the Interpretation Ct
the International code, be fairly construed into
a cause Of war. Happily, in the case under
consideration, the conduct Of the iunctionarv
was so outrageous, that his government could
not, With common propriety, undertake to JUS
tify it.
With regard to the case Of Purser Smith, il
it be admitted that the government of Cuba
had the right TO insist upon his not landing,
'sioaS ihnh oIu consequently I'LL OH
Ger OF the United StateA, and, in spite of all
treaties, to refuse any intercourse with the Gre
scent City until he should have been dismiss
ed, then, Is the appointment to office, in all
American vessels, trading to that port
thrown completely into its hands. There
cannot be imagined any case, in which it
may not make the same objection, and as
the Journal insists that it is alone the Judge
In the matter, and 50 far as permission TO
land i. concerned, may consider him guilty
or not as they please, it is impossible for him
to justify himself. When the Courier argued
that by systema tically pursuing such course,
all commerce from America might be eventu-
ally excluded, the Journal pronounced that
opinion simply preposterous. In our view Of
the case, it is any thing else but preposlerous.
Ii was simple extension of the Journal own
assumption to its legitimate consequences the
only way, we conceive, to test the strength Of
an argument. The intelligence, brought by the
Black Warrior, shows TO what extremes the
government of Cuba is already prepared TO CO.
Ii has actually stationed war steamer ut the
mouth OF the harbor, to prevent the Crescent
City from entering-an act, as we conceive il.
not only IN violation of existing treaties, but
opposed alike TO the letter and shirt If the
Law Of Nations.
me spanish government believe tina, an Of
A'ei oi the United States is engaged in the al
"hp' 10 suoVert It's authority, and if upon the
proper application he be not removed. we hoId
:" 10 De a. Just cause of exclusion bu, that ex.
.cius'on can hardly be called less than \ wor
measure. of the right of Spain to declare wa,
or TO take war measures against us, no man,
we presume, will venture to express doubt,
one IS the judge of her own grievances I'm,
lei her give US fair notice of her intentions. Is,
her tell US that she is at war with us and then
we shall know how to act This system =,
war IN time OF peace, is q little worse ,han ,rv
thing the Fiilibusters have We, a,,sn,o,aI r