The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-10-22
THE DAILY DISPATCH
The following is the Protest made BY Cap
tain Porter, at Havana
PROTEST.

The following is the Protest made bv C,n.
tain Porter, at Havana
PROTEST.
Whereas, the first article of the treatv of
amity between Spain and the United States.
declares there shall be firm and inviolable
peace and sincere friendship between his
Catholic Majesty, his successors and subjects,
aud the United States, and the citizens thereof,
without exception of persons or place.
Article 9th of the same treaty promises mu.
tual assistance and kindly acts towards the
ships ofeither Power when in the ports OF the
other, engaging TO defend and protect them to
the extent ofjurisdiction by land or sea; and
Article 9th secures to the citizens or subjects
OF each, free access to the courts of justice Of
the other, in all cases; and provides that all cas-.
es be prosecuted by order and authority of
law only, and that the parties shall have previ.
lege of counsel and defence: How far the
authorities in Cuba have conformed to this
treaty, Is apparent from the fact that they have
arbitrarily, and without any form or process of
law, caused U. 5. steamship engaged in the
pursuit ofa legitimate and peaceful business,
to be turned from that port on one occasion,
and refused communication, on another, mere
ly for an imputed offence, committed in the ter
il actually committed within their own terrific
ry, the Spanish authorities had no right to
punish an Americen citizen for.
On two occasions the undersigned has,
in plain terms, denied that Purser Smith
wrote anything against the Spanish Govern
ment in the newspapers of the United States;
but the word of an officer (who has heretofore
enjoyed the confidence of his Government and
the company he seryes) has been as entirely
dsregarded by the Cuban authorities, as if
they were ignorant of the polity viii h governs
civilized nations. On the contrary, they have
pursued vindictve and unfriendly course,
which must, if persevered in, infiict great and
serious injuries on the commerce of the United
States; and against which course, as applied
to this ship, or any Of the company's ships, the
undersigned once more most strongly pro-
tests.
The undersigned begs leave to draw the at
tention ofthe Spanish Government in Cuba, to
the fact that the Crescent City sailed from
New Y ork with large number of Cuban and
American passengers on board, erery one of
arh0m had passport from the Spanish Con-
sui at Neno York, granting him permission to
sail in the Crescent City for the Port Of Ha-
rama, with a guarantee Of safe landing Cd the
shores Of Cuba; moreover, that the Spanish
Consul at that place did not inform the pas
sengers, or give any notice TO the United
States Mail Steamship Company, that there
was any likelihood of the Crescent City
being prevented from entering the port of Ha-
vana.
1t is true that manifesto was issued to
the undersigned, but the company were in
nowise bound by such manifesto, having per
feet right to consider it the hasty and ill-ad-
vised act OF subordinate officer, Martin Gal
lana, (by whom it was signed,) which act if
into tho frio
tercourse of The two countries; and which they
would likely not repeat after the disavowal OF
the imputed offence by the undersigned. The
Spanish authorities in Cuba have, in the most
arbitrary course pursued by them, violated the
treaty of amty existing between the two
countries; have inflicted serious init uries on
private individuals and on this Company
Interests Of large amount are likely to suffer
BY the non-deliverance OF the mails entrusted
to the Government officer of friendly nation;
and the wheels of commerce, as far as regards
this ship, are entirely at stand. Mr.. Smith,
the officer in question, has been long time
employed in the Company's service, with the
full knowledge and previous countenance of
the Spanish authorities, who have driven him
from their harbor; and it is we'll known fact,
that the undersigned, and those under his COM
mand, have always abstained from any act OF
interference with the officers of the Island,
either by speech or act, though IT might natu'
rally be supposed that they could not help
but sympathise with the misfortunes Of unfor-
tunate capIives.
In conclusion, the undersigned takes this
opportunity to protest again, in the strongest
terms, against the indefensible disregard OF the
treaty OF amity and law of nations, by which
American citizens are, without notice and le-
cal accusation of offence, or opportunity offer
ed TO defend themselves, subjected to proscrlp-
,ion and severe mercantile loss, the flag OF the
n. :. treated with scorn and contempt. and the
Government treated with disrespect in the per-
son of its officer, who, though commanding a
shin owned bva Company is placed IN his
nosi,iou by a written order OF the U. 5. Gov
ernmenr, and by law Of the Congress OF the
United States.
The undersigned also protests against not
being allowed TO make known to the AmerI-
can Consul the situation i'll which ne IS placed,
having been refused most positively permls-.
sion 10 communicate with a representative OF
the United States in the Island OF Cuba, when
anpeal to the Consul of a country Is even re-
spec,ed amongst the Barbary powers, from
whom knowledge Of the law OF nations Is
not so much TO be expected.
Respectfully submitted,
D.D. PORTER, Lieut.. U. 5. Navy.
To THE AUTHORITIES OF CUBA.