The New York Herald Newspaper, November 10, 1852, Page 2

. Smith was. He then declined taking the ship inte z. Captain Davenpert, who was im ¢ommand of the ‘vessel, however paid no attention to the remarks of the pilot, and, taking the recponsibiliiy vpom himself. soon Dronght the ship to ber amehorage. The Captain of the Port shortly after came alongside, and on being informed that Purser Smith wason board, steted that no commu. nication with the shore would be “allowed until he had hed an interview with the Captain General and returned to the vesvel On returning, be told Captain Dayemport thot the orders of the Captain-General were, that the mails and regular passengers for Havana would be allowed to land, ‘but no one elie could be permitted (o come ashore, Cap- tain Davenport thereupon exhibited to the Captain of (he Port a letter, which he stated he had just received from | the American Consul, in which an assurance was given | ‘Dim that the late difficulty had beew fully settled. in an Imterview between Jndge Conkling, the American Minis- ter, and the Coprin-Ceneral, the former baving notified the American Consul to that effect, excepting that Lieu- fenant Porter or Purrer Smith would not ve sllowed to ome ashore. The Captain ofthe Port remarked to Cap- tain Davenport that it was a mistake, the difiiculty had mot been settled, but the mails and passengers would this time be allowed to land. Should Purser Smith how- ‘ever, return in the verre), om her way from New Orleans to New York, she would, in no case, be allowed communi- eation with the shore The Captain of the Port farther stated that the Spanish Minister at Washington had written to the Captain-General, informing him, on the authority of the American Secretary of State, | that Purser Smith should positively not be per- | | | Ceptain Davenport replied that Mr. Smith was « pri ‘vate citizen of the United States, and could go when and where he pleased, without any hindrance or interferenc @f the United States government, ‘The Captain of the Port then had another consultation with the Captain General, previous to which-he gaye ‘the officers stationed to guard the vessel permission to Jand tho pascengers alongside. Captain Davenport, however, weuld not allow them to come on board, until he had been apprized that the Awerican Consul bad been fully informed of the condition of affaires. ‘The Captain of the Port here returned wi h permis- sion from the Captatn-General for all the passengers and @fficers of the versel to land, with the exception of Purser Smith, who would not be allowed to come ashore | on any considerations; and be further repeated, that should he returm in the veerel. she would be ordered eff. | Captain Davenport then wrote to the American Consul that the pessengers might do as they pleased, but as Lientrnant Porter had been forbidden to eome on the feland, be himeelf would not land. Judge Sharkey, on reeviving this letter, eame on board, end held a long conversation with Coptain Davenport, in ‘the course of which the former said he Lad reevived per_ mission for the passengers in tronsit (» Iand, when a portion of them went on shore, and the others remwined on board. Mr Morales, of the firm of Drake &d’o, consignees of the Crescent City, then made his appearance, and said, by authority, that if Purser Smith would address @ let ter to the Cuptain-General, denying the charges which had been brought against him, the difficulty would pe settled. To this Captain Davenport replied that he would, under no circumstances, permit any of the officers under him to address a communication on the subject to the Ouban authorities. as Lieutenant Porter has, on two dif- ferent Occations. explicitly disnvowed the charges. The Crescent City then ran up her fing, and took her departure for New Orleans. Our Havana Correspondence. Unirep Srares Sreamex Pownatan, Havana, Octover —, 1852. Appearance of Havana—Iis Fortiflcatous and Uses —Interview with the Captain- General—The Re- sult, Sc. ac. * * | | | | | | | | | | | | * * * * First—Are you acquainted with Havana? J | don’t know, and will take it for granted you know it only in the same general way with thousaads of well-informed men. Let me, then, introdaca it specialiy, for it is a place worth knowing. We will suppore ourselves at sea, bound for Havana Look- ing touth, you gce a precipitous, rock-bound coast, from which rize hills covered with a short growth, and of a general barren appearance. This line tends to tke weelward, avd terminates in the great Moro, whore parapets and bristling cannon look grimly enough. As you approach near, you see the narrow gorge which forms the entrance to the harbor. The massive fortifications of the Moro are beetling over the eastern side, while strong water batteries defend the western. Back of these water batteries appear the closely built and many colored walls and roofs of the city. P ig in, you steer so close round the base of the Moro that the sentry on the height seems directly overhead; yet the bartories on the opposite shore seem within the tose of a bis- cuit, so narrow is the gorge Asyet you sce no opening to the passage; it is shut in by the heights on the east aud the projec- tion of the city and shipping on the west. Turning theve, as you advance the inner harbor, is opened to view—a fine expanse, some three miles northeast to Southwest and one north to south, surrousded by hills which tise with easy grades till lost in the distance. On the western you enter- is the city—a yet gaudy style of is hiduew by @ pa mations. Few, if any, o! Present ® more interest Bhis does, from the bay which a arden rich be * your right k ardent, gave wh fort Atares, whi ac the berritle to bea Idoubt not a out. On the Regia, long kr Here, al-o, are t comiiunte retrivution ast of the bay wa a6 the haunt of deep slave markets, with their cea- jn ¢, (which ia Fi nd then con as weil ae open pa known a8 the Case bianca, wh political privoners are immored ebenpels, until the bills, tutuing to the eastward, eave the open bay before you great basin, wih @ parrow twisted neck. All nround the bay where the jand Is not covered by buildings, the fruitful earth ix carpeted with rich Vegetation, over which, ia groups and often singly. tower the lofty cocoxnut, its neevy branching top swinging élowly to the wiat. These trees— about which there i¢ a som “4 int ted with es.) are thy seenico——an air of sueh repose-—an almost solemn quiet even in their motion—lend a peculiar charm to & prospect, which combipes in itself near all one would ack of richness, varie'y, and besuty There is ove feature wanting to the American eye—among all this excellence he res but littl our “character of utility There is gi beauty anc power: but no towering ehimneys that speak of the machinist—no extensive shipya too, reem crowded together—in_ good enou, but there is a went of accommodation ind Nature has provided facilities of space on lavd and depth in water; man bere bas narrowed both. The population of Havana cannot now be much if voy @bort of 200 000. and itscommeroce is very large: but if it were controlled by our laws, end, above ail, by Our people wou'd, in ten years, double both vom- merce and population Ip position for commercial uses po city in the World is equal to it; it is better placed even than Constantinople; and, like Stamboul, Havens st gles on by force of nature against besotted bigot against ignorance, and againet indolence. How Jong ibis is to last, God knows. One to mo certain: to free this peopie, (i ¢ tol ema to their own governu misery and to d by the Unitea hold it t.) will be to inerease their 1G guide Every principle @X routnal good calls ooateslled by the United States, would much to our seowrity and our weal proved in happiness and 5 a her to the anarcity which we ire inde- pendence and she wo In this 1 am borne that Imeet and for this, sh ple hope Our peaenge, a very five days and a baif—a mlutes, &e., wore exch landéd with Judge ( Op entering the Coneul’s do an alloudant crowd bh hooti litte explosion over, they let ua alone then visited the Captain General pleavant one, was made in id After the usual ged modore Newton i Coasal ; i r | had come to apologize for waat had been done; | a war with a mitted to go out in the steamer again to Havana | & | conflicts at home- to seek a foreign quarrel. | now, my good sir, I have fulfille | what good you are tosay. Wishiog you every bap- | stand the affair of | that they make, could bear an appearane of proba: | usual Commodore should call again business. On Sunday, J Monday, tho visit was pa tala Goacral finds he on mistaken in his view of the matter, and is willing, if the Commodore will leave the barber, £0 as to relieve him (the Govern- er) of appearing to act under compulsion, to rescind hig order in r nm to the Croseent City— will not fire into her, and she may come in, Smith nd al **y ou cannot conceive how absurd are many of the reports in circulation among this people--how igno- rant they are of the relative powers of the United States and of Spain--how ignorant they are of many things which ere with us so commonly received that they have ceased to be considered point of knowledge. Our whip bad been borrowed from the English; we conversation about ed the “ Governor the morrow to converse on udge C. was unwell. On id. The reeult is, Ure Cap- Porter was struck from the navy list, and woald not be allowed to go to sea in any ship; and poor Smith wes to be brought in irons for trial before che Cuban court. And tens of thonsands believed all this trash, and more of the rame kind To-day I find that an inkling has got out that the Governor bas changed his mind in regard to the Crescent City, &¢ —that, im fact, they bad better be civil—and the mercury in the barometer of public feeling has changed accordingly. I do not look for any important result from all thie emoke; though many seem to think @ collision cer'ain. The Captain-@eroral is suid to be avery obstinate and proud man; but he is not a fool—not such a fool many of those are who have station and power in the ieland. He knows enough to make him shun wer that be knows is too strong for nin, singlehanded ; and no man of observation dreams of England’s interference, nor can any help for Spain be drawn frem France. She has teo eit a my promise, to lam, very cordially, your obedient servant. Havana, October 27, 1852. The steamer Prometheus arrived here this morn- ing from Chegres, and leaves this afternoon for Now York. Tadd this vote to say that we now under- | ne Urescont City to be adjusted The order against her entrance, &e , has been ro- ecinded, and a public notice to that effect, (thoagh couched ip gencral terme, as regarding al} etebmers,) was published last evening from the Collector Gene- ral ef the Port We are now only anxious to know what steps have been taken on the part of our government, and per: baps yet more interested to know what has been de- termined on by the owners If the Crescent City fails to be here on her ap- pointed day—i ove all, ber owners(I koow Porter would not) hesitate to send ber for fear of the threats that have bees so idly made—it would boa sad mortification to every American, and would bave # most ixjurious eflect on our commercial posi- tion. This affair, if carried out with proper nerve, will strengthen our moreastile position not only here but generally; but the slightest blanching will bo ta- ken adyantege of to depreciate us, and J assure you we aro rather below than up to what should bo our | rea] position, particularly among Spiniards. They require strovg teaching, and the longer the lesson is deferred, the harder it will be to give it. | They are bigotted, ignorant and prejadiced, be- yond al] that you can smagine, while a larger party, who have # faint idea channel freedom, look with or longing eyes to our flag for their emancipation. The Spenish Side of the Question. Navana, Oct. 15, 1852. TO THE EDITOR OF THE XN YORK HERALD. Tt is a pity, sir, that «a journal of so much credit as yours, which treats all political, economi- cal, and administrative questions with such high fa- telligence, entertains in its columns some articles | relating to the island of Cuba fall of absurdities. | Ifthe facts that they mention, and the allusions pine bility, it could be forgiven ; but when every one who reads them cannot but be indignant at such bold imposture, I think that it is to the interes of your honorable profession not to tarnish your pon with such ridiculous falsehoods. Such is the case when, in one of your articles, it is said that Genera] Canedo and hie Secretary M. Galiano are gathering | T should immense wealth by trading in negroes. offend the delicacy of both if I were to attempt to apologize for their conduct. The career of the former is so brilliant, and his purity, honesty, and dignity so generally acknowledged, that all she blows of his most farious enemies cannot make any effect. As regards the second, not a single person can present any complaint against him, either in his jadicial functi waich he has filled for many years, nor in bis last situation as political secro- tary. The illustrious name of General Caucdo needs no} the aid of the public writer to be rejected everywhere; thorefore, I shall not attemp! to defend him against euch low wand villsinous attacks, leay- ing him, if guilty, to be condemned by public exe cration. Nobody has more energy of charaster than he has, nor more sweetness, righteousness, and human- ity. The inhabitants of Cuba would be equally unjust, if they ehould refare the testimony of this truch.* On one hand he bestows all kind of benefits to the peaceful citizens, and receives with the high- est regard al! strangers that visit this island with- out any bad intention; and, on the other, he tap- ed ag | uted to him n almost all journals of the cipal fact hw tted, viz: ven to Japtain not to ¢ r, Mr Smith, asia pe admitied » receive or not ia be obnoxious to n wore wh euded the aod I a end firm coi that all the S nations allied ® of good sense, ute of fllibuste Gen ral 1 wil condema vocations given by the captain and purver of the Creeoent City, int New Orleans to Havana on the 14 aware that he ought ecandal had not been rer All these events convinee me that they have been prepared and executed with the single object of placiog in collision our government. [ do justice to tbe wisdom and prudence of yours, that this ate tempt will prove abortive, as we wich for oar mu- tual inte 3 had the ominous fate de otherwise, we elall not refuse any kind of aor to keep safe. and round our henor and on logi mate dominions Theve read engerly a fils of received, and though some of them contaia sone articles undoubtedly forged by our enemies, never- theless you appreciate tally the facts in most of them; and it is to be expected from r qood sense and enlightened mind, that you will condema the absurdities of the revolters, and prevent your countrymen from taking any active part in the xcorable sssociation of the Lone Siar, in their pro- ject of attacking the right of property se respectod by all civilized nations, and of producing devastation in an emicable country. You will render a groat fervice to the bonor of your republic, and to the peace of the world; as there is no doubt that tha first blow struck upon the island of Cuba will be tie | signal cf a gener Teese, in which, tn spite of your | grandeur and importance, your losses would be im- mensely superior Lo your advantages ug perfeotly d, as the cause of papers that I have Another Attempt to Purchase © Trenlated from La Chrovica of New York In a Jet directed from Madrid, 3, in the & 0 Zutung, and pers, it ea Ameriosn eourt bad tbe of dure Pre of ii t ed b minis r of I ¢ th let- ng the t it with all ber p wer trepg and loyal the Spanish go ; the t i g red to deatro prey to disturb th ten w the proposition, Ar an a cv P that the tiees of the h M the island nt istrue, (and it appears to ug robable ) the gevernm at Madrid underetaad of the principal causes of the great huzza- pg of the /illitmsteros; and it has performed an impe- jour duty in notifying the Aweriean minisver pot vos in order Spain ¢ vu ne | vig! | subjects or inhabitants of the country which they | pa the binory of cur mon matic @xneis of the modern world | suck mar rearonable interpre krow all this, and that they did recognize all this, | rest on the minds of tbe moat incredulous the Jest subdivicion of our subject, which we are now ne to renew the ition. Ui ciroum- stances, Laden a i a ro the American minister at Madrid received asevere lesson from Senor Pidal, Minister of State, at that time. We think that after this the door should be shut to such @ proposition, as it ean than that of an insult to the di; and to the inte; statement of t disgrace both the government of and its ageut in Madrid. have no other charsoter of the nation Brity of the government, and, if the 0 Kolnische Zictwng be true, wast the United States Uptnions of the Cuban Government. THE TREATY BETWEEN SPAIN AND THS UNITED STATES [From the Diario de ls Marina, October 20) We have now come to the last part, and at the tame time the easiest one, of the duty which we undertook in consequenco of ® recent occurrence that is, to show by undeniable documents, that the treaty concluded in 1795, between Spain and the United States, never , never could have, capnot now have, any reference to the Island of Cuba. And still farther, w: 1 prove that the United States themselves are fully aware of the fact, and that the tacit acquiescence of their governme! is equivalent, on that pom, to the fullest and me ample recognition of our position. ‘Vo illustrate this it is necessary to look bask once more to the history of commercial legislation and European diplomacy, beginning at @ period some: what dis'abt from our time, but, nevertheless, be- longing to an ¢ in which modern interaational was established and consolidated; # period, too, Whose traditions and obligations still continue unimpaired and binding on al! the nations forming of the great asgociation of civilized societies. From the time when Europe first began to over- flow her boundaries, and pour the tido of her com- merce and population into new colonies situate in the long-unknown territories of the Hast and West, it was the universal practice of all the powcrs—a practice never questioned, but admitted as emana- ting from legitumate sovereignty—to reserve for the respectively ruled the exclusive right of commerce with euch possessions. Of the effect of such a prac- tice, considered ia aa economical light, we have of course nothing to say at present, as thie poiat bes nothing to co with the question we are now discussing. It suffices to point out the existease of th’s uraye as an catablighed fect ; and as the sanc tion which it obtained throughout the civilized world cannot be denied, the logical eonseqaenses of the right subsist in ail their clearness and strength. No one, we imagine, ia ignorant of tho Lact that Spain, fur from deviating from the beaten track © the most tenacious perseverance, and ever obtained the admission of the justice of her claims The diplomatic negotiations of the seventeenth century, abound in examples tending to prove this. Of these we shall adduce but few examples. the treaty of Munster, concluded under Paiiip iV., between Spain and the States General of Holland, iv Was stipulated in article five that the rights of Spain to the commerce of ber ulira- marine postessions should bo recegnized and assured. io this instance, the insatiable mer- cantile covetousness of the Dutch was obliged to yield and give way to the force of an uncontested established usege, required its observance with | extensi seat _o Our command, it were the treaty of " to do justiee to a subject of sach importanes, and in pn and interpretation in similar cases, ‘was agreed with thatthe . which we ought suppress neither the principal m granting that the said treaty apply to the | Cresvent City might enter the port Jand her daia vor the to which they cise, ‘the jsland of Cuba Thirdly—The said eth of 179% | mails, but that neither Porter or Smith might land. discussion, the the presont is interrupted. never had. bas not, eannot have, any rae in | It te for the feelings of {From the Diario de la Marino, Oet. 21} the case of the ultra marine provinces of Spain, in | Americans, that Conkling agreed to such an or- We yesterday enspended our argument just as wo confermity with the maxims and practice of inter- rangement, as just before he arrived the papers reached ihe soquicecnce of the Anglo-American national law, aan by lg: soles inte, al of igeeree gong _ Meee ture mere ready ae ent ii 795; cht. Fourtly—That the United States recog: | conces ; out that the: ne i gomeet Rare Or bcra ec pome adhe cg its cig: and have continued torecognize, | far. Settling the question in this ees will at it is not on that account to be imagined that there is any very serious dillioulty connected with the undertaking. Far from it; all is reduced to the bare mention of two undeniable facts: tho weil- known treaty was effeeted, as we have already many times stated, on the twenty seventh day of Uotober, 1795, and the privilege granted to foreign nations to transact commerce with Cuba only dates from a royal edict bearing date February 18th, 1818. These two facts suffice, and more than suilice, for ‘our purpore. And in fact, these two dates alone, consider them 28 we may, cither 1795 and 1513, or 1813 and 1795, present an inseparable barrier to all possible sophis- try, casuistry, and cavil There reigns between the two an uninterrupted period of twenty-three years, during which, notwithstanding the recent treaty, neither of the contracting parties ever dreamt of making the application now laid elaim to, Lor of stretching so as to make it cover the vast domains of Spanish America, among which Cuba was at that time, and now is comprised, she never having by any clause been ex cepted. On the contrary, by royal edicts, bearing daie October 20th, and November 13th, 1797, it was permitted, as a new and special favor to the provinces of Venezuela and the Antilles, in view of the want of communication consequent upon the war against England, to receive consignments of oods, Lot prohibited on national or strange vessels. it appes ‘# clear to us that if the said commerce was already authorized by an international agreement, and tbat only two yeurs back, when its articles were still fresh in the minds of all, such an uncalled for and unnecessary concession would have been ridicu- Jous in the extreme. It is equally clear, too, that had the United States deemed themeelves already possessors of a perfecc right to carrying commerce with the ultramarine provinces of Spain, they would not have failed to protest against a measure which converted it into an act revocable at the will of Spain, and which moreover restricted its exercise to certain specified localities. In effect, if the treaty was applicable to Cuba, it also must have included Mexico, Peru, and our other possessions, which nev- | ertheless remained closed to them. Tne claims of | the Uniced States, we repeat, would infallibly have becu urged by them; but, far from this, they accept | ed this concession, and improved it as a voluntary } and gratui\ous favor, which it really was, The renouncement implied by this tacit acqii- escence is decisive, and manifests, 23 far as evideu | can manifest anything, that the Unjted States re- | cognized and acted upon the practice and estwblisn- ed prineipies of European international law, ex- } peaaly: restored to life, as far as Spain is concerned, | the solemn guarantees of the treaties of Utrecht. | Nor does this acquiessence offer anything at all ex- | traordinary. The United States, notwithstanding the treaties of peace and commerce that consesiod them with Great Britain, were for along time uu- and undeniable principle ; they had to renounce, too, in theery and principle, those very pretensions which they were in the incossant habit ot seeking to obtain by usurpation and vivlence ; nor less wortay of note, in this respect, is the treaty made at Madrid on the i8th day ot July, 1670, between Spain aod Great Britain, and which treaty was concluded un- der the reign of Charles 11, at a period of most inful prostraiion for our monarchy. Even though, article sugen, Spain admitted the full sovereignty of England over the poseeesions which tho latter had | acquired in America, still, by article cight, there was @ mutual and strict probibition against foreign com- merce with the ultramarine provinces, which con- cession Was made to Spanish authority, and whose more or less faithful observaace this is not the to dwell upon. Tho illegal and fraudulent tra: smuggling is an infraction of the law, which, far from conferring any right upon its authors, places them, in @ moral sense, ina still moro disatvan- tageous position. And here we would revert io another circumstance, which is not al tely de- void of weight. The Eaglish diplomatist who acted in the matier of this treaty was no other than the ewebrated Godolphin, so well known subsequently a8 the head of the whig cabinet of Queen Anne; under whose auspices fought and triumphed Marlborough, @ man not ouly-of ambi- tious ideas generaliy,but whose views, with regard to Spain, were fulyy shown by an incident which wo sbatl shortly have occasion to relate. Ii will show pow the moet involuntary agents contribated to strengthen by their testimony the abstract right of vameh policy, @ policy which, duringwinany years, Was not questioned once. » There was bul one cae in which it was on the point, of being violated, but a happy termination only contributed to establich it on # still firmer bacis. Itis matter of public notoriety, that whea the famous war cf succession broke out on the | secession of the Beurbon dynasty to the Spanish throne. Englaud lent effective aid to the Austrie pretender, und certainly falied not to require the vrice of it’ In the treaty of alliance aapiated at Barcelona, on the 10ch of June, 1707, by the British plenipotentiary, Lord Stanhope, with the Archduke, under the title of Charles IIL, it mas determined, by an additions] and secret ariicle, that the Maglish should obtain, on certain conditions, the privilege errying on commerve with the ultramarine por- ot the crown of Castile—an iramense con- cession, to which none but a needy pretendor could ever have stooped, and which evon its very authors were careful to wrep up in seorecy, as if through fear of arousing the scandal of the world. But this aot of bold riill was completely frustraced by the happy establisument of PhilipV on tho Spanish throne, and, a8 is usual in such cases, the non-sus- cess of the attempt produced an effect diametrically opposed to the desires of its promuters. The trea ties of Utrecht, (for under this plural denomination they should be spoken of for greater exastness,) aro fortunately explicit oa this point beyond all neces- sity of coment. In efivet, the treaty of pe: eluded with Engiand, on the In of Ju not ouly restores beyond dispute, in eighvh , the exclusive rights of the commerce of Spain to all their vigor, and replacss them on the footing on which they stood ducing the former gn, but it establishes and creates, on the part of Spain, the expre nant, never, ly or indirectly, to eonecde avy privilege or p to the Fyench, or avy other nation, to na in the said regions. No loss spe i tenor is the treaty with the Holland, signed by tho plonipo- in the same city June, 1714, and wh th ‘inally, the t ot February 6, qnot s may be easily pe to the well known colle , alliances, end declarations of to and coveladed by anish monarchs of the Bourbon faaly © year 1700 to our own time. It it not to be denied, then, thet the rights of Spain were again recogniz satiew of Utrecht, but ced uncer jeguard of the written Ine ional rig Oar na.iod, we have shown, was neapsci-ated from granting or couosding pri- such a¢ are claimed by the forced and ab- suid construction of the treaty of 1795, If Spain, long prior , Voluutarily modified the exercise of this fac under cirenmstanger entirely differ ent, and whic shall also recount, it wasan act of ber own freo will, which neither modifies her contracts nor diminishes her sovercigaty, and cannot confer privileges never before heard of orécen inthe case of avy osher foreign nation. Nor must it be pretended that the United States were or are ignorant of theee decisive antecedents of + Madr. Bu pretension, in overy respect inadmissablo, has elicited universal laughter, mn put forward b Mr. Webster in the controversy pending witl regard to the os islands. It ie the duty ot every government to know and to comply with or respect the principles of internatiousl Jaw end ite written stipula.ions, If there are oe whodo not know them, so much the worse foi al wanting in their education, without being able to im pore upon others the conscquences of #0 deplora- bie an omis-ion, And if such alleg: every respect inadequate in regard to the obscure mutter of a few uukoown berron islands of the Pacific, the extravagance sad absurdity of the pretext if much more palpable and much more remerkable when applied to ® question of sush im- portance as the present one The phot agreed upon at Utrecht not only form # notable epoch in ry, but also in the diplo- The treaties of Westphalia and Vienna have introduced al changes in the relations of the eivil- ed powers, with regard to one another, that au at- cntive study of these treaties, and a perfect under- tanding of eh the duties and obligations which reate, icoseential, not only to the statesman ven of the most sabaltern character, but to every yne pretending ta y7982 for ® man of moderately ex- ensive education But why take co meh trouble to prove that the nited States ought te kuow what is the right of pain, what the establiahed usage of the civilized le’s treaties, Ue world, and whut, in fine, av'e the limits of the treaty of 795, when viewed in conformity with the dic'ates of » tion; and thet they | that may Such is ro to be found in vbucdance in every di » complete and decisive are these prowfa annot fail to dissipate the slightest doubts nder the necessity of abandoving. We devired, on teking up our pen, to follow the thread of our roason- thout interruption, but the columns of a sper are inadequate to regeive any work luco fic ot | al ih, for they will have to make up for what is | ed ignorance wag | ation? ‘Lhe proofs that they did | will spply with equal if not still greater fore able to carry on any direct traffic with the English | Antilles unti! a period much more recent than tho | general opening of our ports. Aud this test'mony, so powertul of itseif, is confirmed by the conduct of the other powcra; for though Spain courts many | allics, i epi of her rights and privileges, (amongst | others England,) which she is bound, by a mutual covenant, to treat as the most favored nation, yet | no one of them has ever ulleged the privilege graut- | ed to the United Status, and sought to predicate on | thata demand for the exercise of a similar right. | The principles, too, that we are seeking to explain, | are Jounded upon aud sanctioned by universal res- | pect. As a proof of this, we may gee the actual le- ‘islation of tho French and Dutch with regard to their ultramarine porsessions, where they preserve 1 the natural privileges, which are inno way les- sened or lost by the eltiances or treaties entered into between their governments and foreign nations, | even when there is no particular mention made of such exceptions. And,lestly, we would, in corroboration of our position, refer to the words lately pronouuced, it we recollect aright, by an English diplomatist, of as much celebrity as intelligence and spirit. It being, then, clearly demonstrated, that in con- formity with the intention of its authors. andin con- formity with the construction evidently placed upon it when its stipulations were finally agreed upon, the treaty of 1795 did not confer even a perfect right upon the United States to general traffic with the ultramarine possessions of Spain; the question, if there cap be any question on such a matter, re- mains forever dispozed of. Treuties certainly do not possess a power of precreating rights on the future, which iights can increase and multiply with years. Such oe they are in their origin, and ‘such as they are understood to be by their authors, so must they ever be acted upon as long as they remaia im force, even though it were for all eternity. , in strict juettice, no restrictions are to be placed upon them, neither are they cx pable of beimg enlarged, save by new and explicit agreements. We are real/y ashamed to in- sist upon a point of itself s obvious, bnt must over- come thigrepugnance far enough to call Vattel as a witness, and to quote in favor of our doctrine ail th XVII chapter of book LU, aud particularly se 273 and 287 We might bere rest, and close our arguwent with an essy conscience, and the consciousuess thas we have obtained a full victory on the field of unim- passioned rea‘oning; But it is peculiarto a good cwuse, founded upon justice and truth, that go where you may, innumerable arguments are to be found corroborating it and givingit new strength and vigor, aud, therefore, we cannot discard an tions | dimensions. With the v re | tion immana, ib were. impossible | limited BSecondly—That the sold pewse Is 22) ne var in the moet explicit manner, the nullity of the treaty, as far as it refers to our territory, sbere- fore their right, wha'ever it mey have been, cannot have received any addition or augmentation. On all and each of these points we have givon our | reasons ; and, unless it be gelf-conceit that blind us, our victory is decisiv: although it is’ owirg to the excellence of the , cause for more than to our little ability in sus taining it. To dwell now on minor considera tions were unworthy of the dignity of the debate, ard, at the semetime, of the respect we owe to our- selves. Defenders of a just principle, wo have re- pelled to the beet of our ability what wo deemed to be an attack upon the innate and sacred fasultios and rights ef every government, and every public conetituted authority—what, too, we believed to be adangerous attack’ upou the ‘safeguards conceded by the law of nations upon civilized countries, with a view to promote public Seananiitey, and security. In treating of so encumbered @ subject, we ba studiously avoided indulging in a stylo of deel mation; and, discarding the tone of anger and sar- | casm, have never employed any weapons save the | coldest and most unimpagsioned logic. Were we now, however, to launch into the discussion of our own causes of complaint, it would perhaps be im- eens to continue bridling our feelings, nor, in- Let us leave this subject, then, for discussion on some future occasion, when we shall take it up and endeavor to treat it as it deserves, while wo sub- | mit our doctrine, without fear, to the judgment of al] civilized countries. (Frem the Diario de la Marina of October 26 } Now that we have laid aside the important ques tions of public right, which of late have been the frequent theme of our writings, and in which not only the most important rights of Spain, but evon the sovereign power of every nation to regulate its | domestic concerns were involved, the field is now open to us to treat of suothor matter, which, al- though ef minor importance, compuratively apeak- | ing, 18, nevertheless, of parmount interest to ail persons whom it may concern. We sposk of the condition and rights of foreign subjects in all th Spanish dominions, and more especially in the ultra- marine provinces. Attention and time bestowed on such @ matter as this can never be considered wholly misspent. Let us here begin by recording tho fact, anny proved by public documents, and in conformity wit! the dictates of natural reason, that the Spanish nae tion never entered into'any treaty or agreement by which she alienated any fraction whatever of her inmate sovereignty, or whereby the abdicated her ‘position in the communion of nations, independent and exempt from all humiliating foreign subjection. This point alone will greatly tend cleacly aud posi- tively to show what may be the copdition of such foreigners. | Whether we consider the matter with a view to the treaties drawn up after the usage of civilizod countries, and interpreted in conformity with the maxims and usages generally admitted, or whether | we look at it as founded on the principle of abso- lute sovereignty, only regulated and limited by the rules imposed upon naturul right by the lew of na- tions and accepted by the former; iwe have, in sub- stance, the same identical result, and notwithstand- ing some minor differences, it is capable, and moro than capable, taken either way, of satisfying our present purpose. The first hypothesis which we have laid down must be understood as referring to the Spanish dominions on the other side of the ocean, the second has refer- ence to the provinces on this side of tho At- lantio; but in whatever light we may view it, it is ever apparent that no stranger enjoys, nor can enjoy, privileges greater than those appertaining to the natural born subjects of tho country, and that to pretend or even to conceive such @ thing is entirely beyond the bounds of reason or of the most ordinary common sense. There may perbaps be, in certain cases und under certain conditions, an equality of rights either equally granted or tolerated; but one or preference cannot be dreamt of, as Mr. Webster stated in words which we a short time since had occasion to quote; it is not the practice of nations to grant euch principles, irreconcilable with the ex- ercige of their sovereignty, for which reason, Spain bas not conceded, nor can she or ought or does she desire to concede them. The day on which cach and every of the foreign- ers who come to our ports, for any reason whatever, | shall have acquired a full conviction of this undeni- able truth, he will have gained much for his own rest and hsppiners, by losing illusions both absurd and fallacious; and if we speak now of mere private individuals it is not from a misapprehension of tho meaning of the word, but because we think that no government has hitherto disregarded or denied the truth of this principle, and because we suppose that there is none existing, eapavle of s0 doing. It is not many years since, in our own island, an event oceurred somewhat similar to that which now gives rise to such Jepgthy discussions in our columns, and on which occasion it became necessary to resort to the employment of that same” power which our go- vernment (bo it said to its greater honor) exercises with so much parsimony, but which is not thereby either abandoned or weakened. The indjgidual to whom we allude, and whoee name must resent auxiliary which we have close at hand, and which is, if poseible! still more decisive than any which we have heretofore made use of. By article nineteen of the oft qaoted treaty, it ia stipulated ‘that consuls shall b¢ reciprocally es- tablished, with the privileges and powers which thove of (be most feyored nations enjoy, in the ports where their consuls reside, or are permitted to be” Now, we would bestow one moment’s attention on there last words, Which deserve to be exaai whore intention camnot be otherwise than every impartial Auglo American were nov established nor admitted, in the Spanish dominions of Ameriva, because this was not permit- ted; and the power in general was denied, in the case of Porto Rivo and Cuba, by a royal letter, bear- ing date April 24, 1807, which is a new proof to be added to the renunciation so fully shown above. It bappencd, however, that in the course of time, Spain, of her own free-will and accord, moditied her commercial legislation, and without entering into any covenant, or conceding any special privileges, n sef ber ultramarine possessions to ic of ali nations that 5 1 almost indiepensable con of this was the admission of there commer- owe under the name of consuls, and t hesitate to accede to their establish: Bat in order that the footing on which tbey ecquenc cial agenis pain did we doubt whatever, our government took the pre lion openly to explain the conditions of this co: tion, and. by a happy coincidence, the govern oj the United States was the means of making manifestation ge 1. We hope that we shu exewsed by the reader for quoting the followin, NOTE oF THE SrCRETA TANY OF PAIN 10 THE 5 anon 24,1 jded that their consuls be ad ot Porto Rico and Cubs, in order ti United States devoted to lieit oom may continue to find there the more immediate pr ticn of the agents of their country ; and her Majesty is further persueds d that in Che pomination of such ad on Will be paid to xood conduct and oliieal principles: there will, therefore, be no del er part in deepatehing the roy al exeguator. the same time, iu provision of everything, the jocal thorities will he xuvieed that as soon as they rhal eeive, or have the slightest f that the foreign Fuls promote uneasiness, maintain political relatio: fvrpicious character, foment secret societies, or in any | Way ace agents or co-operators of disorder and dianffectiou, Japtein General may, without any form of law, rus | pend them in (he exercise of their offies, aud even order them to ve, and oblige thfm to without euch a conree being considered as calculated to lesren the fevlings « | erumeuts whence they come equally {0 all foreign’ consuls, The fo ng is written with a clearness exclu- ding the necessity of alleommentary. The govern: i States, which admitted it with- ont oj lead ignorance ; and every time that it has solicited for ove of its consuls Cuba the royal ¢xequatur it bas expressly ad mitted the conditions imposed, and without which the concession would not have been made; whoso ever aocepte a favor takes with it the conditions an- | nexed to it; any contrary pretention wou d savor of a epirit of casuistry as little decorous as eflicacions Even bad the United States deemed themsolyos This meusure ehall apply ment of the Un | poveeced and never laid claim to,) nevertheless their wilence ever tince 1529 was eqaivalent to the most | as le pneved their houses absolute and perfect renunciarion which can well | be conceived. The congals do not enjoy any diplo: matic atrri : but granting that they should, to | a certain extent, be c | their nations, if in the eyes of the law | nationat right they ero no more then m individuale, neither, en the other hand contended that they ace lors than thee quectly, if m consnl is subject to the sovereign and woder the entire control of the authority n which be is vent to reside, it follows that the a and inter. ¢ private a it be to ar- perrons entirely destitute of @ reprosentative acter. We trust, now, that we have completed the duty which we hud proposed to ourselves | thatthe natron of which we are now epeakin to be received might not he enveloped in any | 4 | they are ever received with satisfaction, ro long vesied with an anterior right, (which they never | sidered a# representatives of | former Governor is ve Conve: | with the death of the fitty Americans was fo | he permitted to remain here, as itis hardly po At the outeet | of the debate we laid down several propositions, to | wit :—Firstly—That the powor of excluding or ex pelling from ils own territory ie an innate attcibute of at hed lt ae it is defined by the most coie- brated end most moderate expository of the law of pations, and as it is exer ized among civilized na- | pot of Genera) Pierce beivg elected, the newspa \ surd in any individual, and will ever eonstiiute him to the memory of all, was.a subject of a powerful nation—ae ration, too, proud to adegree fumed wbove all others in her treaties with Spain, as hor old and faithful ally, jealous, and even suspicions, we migh’ say, in sustaining ber rights and the pri- vileges belonging to her subjects—a vation, in fine, which, to use the words of one of her most able ora: | tors and statesmen, claims for al! hor children, with- out distinction, all those great franch’ and tae universal respect belonging to the citizens of an- cient Rome. That nanon, neyertheless, did not seriously question the prerogative of Spaiu, because it was unquestionable; nor even though the peca- liar veupations of the same country were brought into play; nor did those subversive clam- ors, tending to destroy all right, thea und, as they now do, after having received their birth from democratic presumption and ignorance. It is trus is ong of that retrograde c ass whoze principles of macy are never frec from seifisa pre occupation. It being established, then, that strangers live subject to our law date themselves to ir dicia may 6 right neithe to judge them. If the laws de not please them, ici thom remain at home, without visiting our coontry, where no one calis them, though no one, ot the sama | time, ever rejects thom, but, on the contrary, whore | lem nor they must receive them aud obey y to discuss as they come to sit at our hearth as penoeful and | loyul ‘guecte, and exercise their industry for the | common good, But the most rigid and seru- pulous observance of the laws is indispensable, while the arrangement and qualidc of those Jaws are to be left to us, the sole competent judges inthe matter. Nor can we, for an instant, consent to debate their advantages or disadvantages with such adversaries, for it is » domestic matter, snd one ap- | eg hye g exclusively to us by virtue of our abso- ute sovereignty. A contrary pretension wore al a pirate and an enemy of public tranquil should venture violently to interfere where no right assists them and where no interest calls them, Lbis same pretension, when carried from a foreign individual to a foreign authority, though it does | not lose its abeurd ebaracter, becomes a doctrine | which may prove of incaloulable mischief. In it is contaired the principle of armed intervention sougat to be propxgated by Koreuth, and from which all the .ensible men of the United States recoiled, for they saw where such doctrines must inevitably lead, if allowed to go forth undisguised—first, to tho sean- dal and indignation of the civilized world ; and, secondly, to @ necessary and salutary repression lity who | THE CAPTAINGENERAL AND THE CUGANS | (Correspondence of the Newark Daily Advertiser } Havana, Oot 29. 13852 After a very fine passage by the Black Warrior, I | atrived here to find tue country in the same distract ed eituation it wasa year since The natives are as firza in their purpore of annexing this island to the United States as they possibly ean bo, audens- thing but the overwhelming number of bayonets prevent them from accomplishing their object. Judge Conkling lett here yesterday, having acsom- plished nothing but insult to himself. 1 know for a tect that the Spanish store keepers whistled at nim I believe the Governor is going to offer a reward for the discovery of the por- petraiore, although it will amount to nothing, as oe | iw not likely to find them. I understand that the much lamented; ho was a | very liberal men, and did much for the island; be would bave done more if it pad not beon for the vin- dictiverers of bis countrymen. His conne ed upon him, aa he really did not want more than two out of every twenty stot, but the fecliag without canred the terrible marsacre. The prevoot Governor is called a brute by all the people, Creoles as well as Spaniards. * * such & percon should never iol that be administer justice when in such a stato. ie wouldescem that there it some prospect of tho Governor being replaced by a more suitable person Tho Spaniards ae exulting over the dea: of Me Webster, for they thought lim inimical to tyeic ine tereste. I am surprivod at this, as my imprdssions have been very diferent. Now that there is a prow | eed, would it be right acd proper that we should. | 5 | porsae himself to the Collector at | ernment, an | brother or myself, unlors the same sha! | to nid the eoprans yoice him, for the purpose of pers here are flatte: of the unterrified. cause insult upon insult to be offered. The Ameri- cans are looked upon with disgust by the Spaniards, and they imagine that they may abuse them with- out reference to treaties or jastice. The Gardiner Claim, Ocrozsr 15, 1852. Dean Sin—I start in the morning for Moxice, and. inclose you copies of Mr. Fendall’s letter to me, and or thereto. You will perceive that hemakes my anew me no proposition, nor does he offer amy guaran- tee; tg ving waited now for the last four days for his auswer, and not hearing from him, Ihave determined to proceed with my friends on my own acceunt. I may possibly meet the Commissioners out there, in which case I will show them all they want to see; but I think they are going out of the way, and will not get to the mines for oearly two nfonths yet, in which time I hope to be back here. G. A. Garpingr. COPY OF A NOTE FROM MR. FENDALL, DISTRICT ATTORNEY, TO DR G. A. GARDINER, - OFFICE oF THE U. 8. Arrorngy, D C. ‘ WasuinaTon, Oct. 9, 1852. Sir—The President is about to despateh an agent _ to Mexico, for the purpose of ascertaining, by in- ection and investigation, the true character of the im presented by you to the Commissioners, under the treaty of Guadalupe Hidalgo, and especially the location of your alleged mine On the part of the government, I now inform you - that the agent will leave Now Orleans on the 25th inst.,and that if you think ft to send with him « person instructed by you to conduct hintto the site of your alleged mine, the government will to such person a froe pasesge to Mexico and back, and defray bis expenses while in Mexico, and on both journeys; or, if you prefer to refer the agent te an; ‘six or more persons in the republic of Mexiee, wit! @ precise designation of their respective places of residence, and with instructions to eonduet the agent to the site of the alleged mine, t! nt wil cali on one or more of the persons so mi by you, re~ | quest to be conducted by him or t! te such site, and, if the request be complied with, will aevord- ingly proceed thither. i Or, lurtker, if you prefer, to both or either of the foregoing alternatives, to furnish te the agent a d soription of the sito of the alleged mine, #9 psrtiou- lar and precise as to enable a stranger to the locali- tics of the country to find the site of the alleged wine, if it now exist, or has heretofore existed, then, and in such case, the agent will be inatracted to Broce to tho spot indicated by your description, make the necessary inspection and examination, an report accordingly. Should you accept the first proposal, the person selected by you ew Orlea: é to the agent of the gov- to Mexico. 0 Ou ad to the | bos ced by that ee provided with a passa; Should you accept the eeoond or tl can either furnish to me here, or forw: i lector at New Orleans, a list of the m of the ergors contemplated by tho second proposal, or the Reegptland contemplated by the third proposal. (Signed) P. R. Fenpauu. Dr GrorcE A. GARDINER. DR GAKDINER’S ANSWER TO MR, FENDALL’S NOTH. WasuincTon, Oct, 12, 1852. Sir—I have received your note ef the 9th inst. and have taken time to consult with my coma and deliberately to consider it myself. I decline the propositions which axe cubmitted init, and sub- mit others, as follows:— I will accompany, with two friends, any commis- sioners the Prosident may appoint, to inspect the alleged mines, provided neither of the eommssioa- ers so named ehall have been, horetofore, a partizan in the progecutions which have been instituted © aguinst me, and with these additional terms:— let. The expense of transportation, &e., from this ing the mines and back, be borne by the United ales. 2d. A safe conduct, or protection, fer myself ard friends while in Mexico. “s The criminal causes against my brother and my ove to be continued until the return of the com- Mission. Ath. No testimony which m»y be taken by said com- mission shall be used in any of the oases, civil or crim nal, instituted by the government against my unlors be taker under my consent in writing. Sth. That testimony may be taken by either the commissioners or mytelf, upon an agreement in writing, signed by both, and may be used either in said civil or criminal causes. , Sth. if the report of said commission shall be sa- tisfactory, as to the existence of the mines, all civil avd criminal proceedings, heretofore instituted against me,are to be dismissed, and the fandy locked up by the United States, under their injunos « tion, to be paid ever to me. ay T have well considered these various points, and suppore they will meet your approval. I ask nos thing from the government but sheer justice; aad, if my propositions are decliasd, they musv be pro- pared, as I will be, at the next term of the crimiaal court, for m: trial. If they are acceded to, I am prepared to leave at onee for Mexico, and poiat out the mines. An carly answer is requested. Signed) G. A. GaRorner, P. R. Fenparu, Esq., Districts Attorney, Washiog- ton city, D.C itrodui q ' Theatrical and Musteal. Bowrny Turarne.—Tbe tregis play entitled “ Manusl, ora Father's Vengeance,” is to be repeated .again thin eveving, together with the operatic speotacle of “ La Bayecere.”” * Manuel,” which is from the pon of the Key, Mr. Meturin, is produced in a very euperior maa. ner, all the ecencry, dresses, and sppointments, being new, and tho caste embracing all the leading’ mem= bers of the company. The public showid mot loose sigit of his performance to-night, as it will doubly repay « vieit. Brospway Train — and accomplished great personation of play styled the ** Duke's Conway ax Duke de It e Julia Deam, the beantifol reas, is to repeat her Isle, in the new © Mies Dean is attract- he Metropolitan theatrs, justly rewarded with the he conchuding piece will ) Woman I Adore ” Nimto’s ¢ uitifol opera of “ Marth: which bat been pro splendor, under the dix rection of Beches, will again bo produced this evening. ight it Js sed with Celight by very fashion- 3 ges. Anna Hichop's re is a style and ‘nist ms the artist, Miss Jaques Toceives wei Y be more agree. sduced with # good tanse ceems always ® dravbiwk, ut Niblo’s. Marebionces de Pris, this evening. owded houses t ing deurely aud ber @rd able than English opera, wren However, all goes om very wi Benton's T entertatamenta which arg offered for th ning careot fall to drawa full house, Burton is always etmired ia every character ie which he appears ; but, if there others, in whiels he #ppears to more ; vis fummeus repceson. tation of Wilkins M ‘The plees owlled = Da. vid Copperfic}a” will comimenoe the amurements to night, and thoce who wieh to enjoy ® hearty laugk, would de weil to vist Obasnbers etreet theatre. Johnstom who is a general favorite, will rolt his peouliar eomie ability im af. “Heep” this evening. Nariovar Turatns —The attractive pleoes called thal “Old Toll House.” the new prize crams entitled « Bva, | the Lisb Princess.” and the “Monkey of Frankfort,” srformences at Purdy’s theatre to-night, | o actor of considerable dramatte ability, and, Mrs. Nichotls, & great favorite, with Taylor, and ther! minent members of the rtock company, will aleo appesr: and though last not Meercs, Cony, Taylor, an: Master Cony, wili display their great dramatic ability, They are always received wilh enthusiaem Wars ack’s Tuxarne The coledratod drama, hy Jer. rold ewlled (Le Rent Day.” which hay been played wt| this prosperous and well managed theates wich gros fuocess, Will commence the entertainments to-nizht, Walluck is attracting all his old friends and admirers, ard he is ably assieted in his dramatic exertions b; talent of a very superior order. Mr. Blake may ju said to haye norivalin bis lise, Lester ta au excellent comedion; Brougham ove ot the best representatives Irish charactere, and all the other performers are happy in their respective parts. The second piece wit he thi new one called “ Matrimonial,” and the * Irish Tiger’ concludes all, 3 American Museum —The new temoorance drama, en.| titled the * Last Nail, or the Drunkai ison.” hho met with the same great ruccess whi stoned th worhl dremas entitied the © Drunkard,” the © Orphan’ Dream,” © Oberry and Pair Star,” and the * Bottle” J is very well pot on the stege, and is cast to the fal strength of the company. It will be repeated both thi erncon aodevening Ware's Turatar or Vanixties Manager White’ endeavors as caterer have met with walimited support, bis beautifol litle theatre being crowded pighly wis eliguted assemblages «r anfrau, Donn, Bay. mour, Mr amd Ars. Merriteld. aod Miss Albdorting, ar to appear in the followiog pioves this evening, mamely “The To ” “ Conteutment va, Riehes,? ‘ Crosain the Line” and the: Omnibus * Conwry's Orraa Hose —This establishment en. tinuea to be crowded nightly, to witness the perform ence of Christy's popular by of Wthiopian performers, ‘They offer a very attractive programme for this evening, Woon's Mixerints.—This favorite company of mirth provoking darkies have provided a very amu Pian ontertainment for,this evening, comprisiag and instrumental solos chorueng, anncing and lesques. Rowrny Cmeve—The equestrian amusements to given by Sande & Co's equestrian corps this evenin, comprise reveral of the movt pleasing and diMealt fen: of the srena, There will bo a pecfoemanoe also in th afternoon. for the accommodation of the little folks, Mn. Demvoren, the pleastog ballad singer. 1s to give o ¢38 boii Reig Pongo nioml a tin Toverteers ‘ridny evening. € programme comprises several bie mort favorite comporitior 7 bur.