The New York herald., 1851-12-23
Case OF Mr.. Thrasher.

Case Of Mr.. Thrasher.
HAVANA, Dec Is, 1851.
TO THE EDITOR OF THE HERALD
The latest papers received by the Isabel aud Em-
Pire City have confirmed previous suspicious that
there has been unfair dealing in Thrasher's case
Ihe Repnb,c asserts that, up to the 4th of Decem-
Der, the government had received no such appeal
as that published over Thrasher's name. The
Morntng EIpTesS has reliable authority to say that
not a word had been addressed to the government
askirS its inerposition In bis behalf an Ameri-
can citizen, and that Instructions had been given
Sharkey and Owen to interpose vigorously, If news
paper accounts we're true Suspicions have long
since been excited that, notwithstanding tho ap
parent interest displayed by Owen, he had not for
gotten his threats Of vengeance for supposed wrongs
at Thrasher's hands. If the Repubhc and Express
are not guilty of gross falsehood. wen stands con-
vcted Of malicious neglect of duty, and of papa-
bic pntruths Thrasher vas known to be by birth
an American-was known to have been so classified
by government order of 9th September, 1850, sus.
pending his editorship Of the Faro. 1t was we'll
known thai, since then, he had taken ne step af.
fecsing his nationality When he was thrown into
close confne ement, the 2lst of October was 1t not
the manifest duty of the Consul TO have Informed
himself Of al the facts, and have demanded his re-
lease and, failing in that, to have laid the matter
before the Executive of the United States 7
Thrather was not present at the reading dtos,
and Of course could not have communicated their
import. A zealous Consul would have taken proper
steps to obtain as full report as possible of the
proceedings, and have sent it to the government.
A private individual during the small hours of the
night, and with the te-rors of Spanish court-mar-
is before bis eyes, made such report, sen. it for
publication, and received it back in print more
than fifteen day since. The Consu could have done
the same, or more, openly, and in the face Of the
authorities.
The came person not choosing to take for "law
and gospel the mere assertion Gas did the Consul)
OF the Captain General that Tnrasher had renounc
ed his American citizenship, hunted up laws and
precedents TO establish resu,e the assertion Had
our Ceneld done so, and communicated the result
IN hsg n nu,r ant 70 hara A4I
the case at this moment. The Consul, on he 18th
Of Move IN Der, said (and subsequently, repeated the
assertiop) that before that day, the government
we're in possession Of dispatches covering the whole
case. Five copies of the "Appeal'' were written
by Thraher, between and Il clock of the 2lst of
November. Oae was directed 10 the President
one 10 the Con sui, one TO the Hon. n. Clay, and
two TO he press TIE FIRST is believed 70 have fall
en- into the hands Of the Captain General, aud per-
hsIs the secoEd may have reached him also. II it
has not been re mittsa to the President, the Consul
has IL ost grossly abused the confidence reposed in
him. Ey the rail OF the lst, Mrs Thrasher sent
petition TO tie President, and i. must have reach
cd him before the appeal cent 20 the Iress by the
same mail, could have reached Washington after
publication IN New York /. The Consul has re-
ceived any orders TO act vigorously" in the MAJ
ter, be has been very sobsdlent Gficer.
vigorous oemibd made Gas requested by
Ihrsshef, tn The lJ.h cf NJvenoerl. would have
obtained ecyy oi the order OF Ec ON of Ssp,eu-
her, 100. Lgk CrGtr prohibits Lim fro u cd tiu Y
toe ILro, beng an uericln c.. zeh, aud owing no
a!.egiaDcs to the Q1,en Had this order been OBJ
tslLtG All pr"ct.dinss against BIN, under the pre-
'eite IL h.s havitg been na,uraized. must have tn
itsnfly ed. J srssheT. " he credited the Con-
sals positive assertions of hasrg seat desps,shes
20 The guverbmtut. detailing The facts. faly
Justheo ia believing that e only resource vas, in
he woes Of the EEPfes', in tao people against
the rnve,nueIt.'
IL Jhtasber's case. We have the authority Of the
Captain General, fecen; the t,h OF September.
lsyO, for claiming him ss an Amsrisan citizen, aud
csirc no als glance 10 the Queen. We have the
9TH article Of the treaty eing the trials of
American citEers by the knosn and general laws
Of the Lard, and by The ordinary forns-iull liber
y to select legal advisers TO have free access all
inc evdeEeg, be present at al tie proceedings,
&e &c. What we're the facts J
lie VS. tried by special court, which has never
teen convened e1eep; by ''virtue Of extraordinary
poWors" granted, il direct violation OF all Spasish
law, as vel as the treaty. The Consul has
suEed The ground, that as any Spanisrd would hare
been tried N the same manner, no complaint can
be made by our government No illegal proceed
irgs, enforced upon Spanish subjects by twenty
thousand eayonet can DO prscedents for subjectog
Amercape 10 tue same
What the "extraordinary powcrs' OF the Cap ain
general arc, We know not, except by their effects
We know that they have taken men ron their beds,
Nnd hsntbed them, without being Informed Of the
motives ~ them fifty men were ordered to be
thot, without even the form OF n Sparish trial
The tane Pow ere deprived Thrsshcr OF a lucrative
IIofe ision, because be vas al American citizen.
yCsf luit1s IN fntte tne same, q court was con
vened TO try him for treason, because he was not
an American citizen.
Thtse fruits show that they are extremely COM
prehensive, and cspnot be the order and authority
Of jufiice, and the ordinary proceedings required by
IL. treaty. Not only are the proceedinys of the
nu,torities IN Thrashers case eg Al, but tue whole
sJstem Of aomi ;iliatoa, under which they claim
tie allegiance Of domicilated resdents is Illegal
on the following grounds -
st. Being contrary to the spirit Of international
10 compel tOIC.Eu citizen his
gion and country.
I'd. The royal decree Of l5l7. by whish IL is re-
quifed, was not issued by mpetent authority the
Constitution at that time being legally operative in
Cuba, although IL was he facto subject 10 the
yfurped independent au' hority of the King through
force.
Sd. Even eedns the point OF incompetency, the
law pres fibcs domiciation, ard, alter fye years,
naturalization n, with full renuncation Of foreign,
and assumption of Spanish allegiance, or expalson
from the cCultry. Being two fepaIa.e acts, the
former cenrot be Of The same tenor ss the lattsr
ncr IL IL TO be supposed that embraces The special
points Of he complete naturalization.
jih Ihe Cole 0f commerce" the general law
o. the realm, and, by special dec,ee, extended TO
luha, guarantees the privileges stipulated in tsca
ties aud when 10 sipuls'ions exist such privileges
ss - Glish subjects efoy in his couatry, any nsr
nay claim. IN T1raSher's case, besides these
general points, there IL also the nuy Of his do al
ciie in 1854 by lie Own limitation, &c ave years, aud
subsequent residence in the United Sta:es. The
uNlA4Cl LaFlIE peCJno Dull ana VOif. the OhltHl
tiens assumed under il must also have ceased That
such was he opinion of this government the order
Of September, io5O, Is conclusive proof
IL tis said that the Consul viii produce o cerl6-
sac Qitbe ady who came from Mobile with letters
TO the Bsi0p, thai be did not intimate thata timely
nteffefencs u the Consul would have confirmed the
Captain General IN his first de ,ermnsiiog 10 exc
cute eigh,,en Of the fly. II the Consul has any
such dosumen; 10 he posse ssiq3. :, soud only have
been chained by playing upon the naternal fears-
az The ftrnt her .rfal fat
her son. The affidavit OF the lady 10 question has
been sen. for. and will be sent to the United States
whether it nili s,e against the Csnsul or not.
DEATH OF PETER l.. PARSONS, At PANAMA The
PAM ma Hoadi. Of Nov q, contains notice OF
tie - "a of Fet,r v Parsons rbe Herald says.--rhe
announcement hs death will starte his friends every.
where vi sorroS and grief Every thing done that
FRI nd c,uld devise and every attention that kin
could suggest was ra'd aim His mains covered with
tie Amttcsn ss we're accompanied By toe Consul and