The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-25
oFFICIAL PAPER.

Va,ter from Mr.. Webster Relating 20 Mr'
Thrasher and the Law OF Domieil' &c
The following letter from the Secretary OF State,
amongst other papers relating TO the case oi Ar
'Tbrasher, was communicated TO the House OF Rep
resentatives on Tuesday in message from the
President:
DEPARTMEHT or STATE,
WAsHISaToN, December, lS5i
To the PRKsIpEST;
The Secretary OF State, 10 whom has been refer
red resolution OF the House OF Representatives ol
the 10Th instant, in the following words; "htSoiota
That the President of the United States be re-
suuested so far as in his judgment may be com
patibe with the public interest, to communicate
10 this House any information In possession % 'le
Executive respecting the imprisonment, trlal,
and sentence OF John 5. Thrasher, IN the lslRhd
Of Cuba and his right 10 claim the protection OF
the Government natve-born citizen Of Inc
United States" has the honor to report 10 the
President that all the official information in posses
sion of this Department, respecting the lInprlsoh-
ment, trial. and sentence Of MIR. John ). lhrash-
er, is contained IN the dispatches oil Alien r.
Owen, esq., late United States consul at Havana
together with a correspondence hetyeen hAf" ana
the Governor General OF the Island OF CUBA, anu IN
letter add ressed by the Governor General 70 Doh
A Calderon de la Barca, her Cathohc majesty
Minister In the United States copies OF all OF when
are herewith transmitted.
There is no doubt that John S. Thrasher is a Cit
izen of the United States by BIRTH nor IS there any
doubt that he has resided in the Island OF Cuba Tor
a considerable number Of years, engaged In busi,
transactions, sometimes as merchant ana
sometimes the conductor oil newspaper presS;
although the precise period and duration oil such
residence are not known. On this point, the De-
partment has sought in vain for exact information.
MIR. Thrasher himself has made no communication
to this Depa rtment, although he has, through the
press, addressed general letter OF remonsirance
TO the Government and people OF the United
States.
In the letter from the Governor OF Cuba to her
Catholic hIaiesty's Minister in the United States,
already mentioned il is stated that he has been not
only a resident in Havana for considerable time,
but domiciled there by regular proceedings; and
that he has, in solemn aorm, sworn allegiance 10
the Spanish crown. There is no evidence in the
possession of the Government to show what was
mis- purpose with regard to returning to his native
country at any hxed or dehnite time. otner mem
bers of his family are understood to be, like him
self, residents in Cuba, Ms father having gone TO
that island some years ago.
These are all known general facts, respecting
the nature of his resldence at Havana, which nave
come TO the knowledge OF this Department
1t appears that soon after the failure And break
ing up of the late expedition OF Narclso Lopez, In
the invasion of Cuba by him and the troops under
his command. Mr.. Thrasher was arrested ana trleu
for high treason, or conspiracy against the crown
of SPair. condemned to eight years imprisonment
10 hard labor, and sent TO Spain in execution OF
that sentence. There is no evidence in the Depart
ment TO show what the particular acts OF trea
son or conspiracy alleged or proved against him
We have only the general statement, although
pains have been taken to ascertain particulars
The frat general question: then, lie, as to his ght
to exemption from Spanish law and Spanish au-
thority the ground of his being natlve-bo
citizen of the United States.
The general rule of the public law ia, that every
person of full age has right to change his domi-
Gil and it follows that, when he removes to ano-
Their place, with an intention to make that place
his permanent residence, or his residence Tor an
indefinite period, il becomes instantly his place OF
domicil; and this ia so, notwiths tanding he may
entertain floating intention Of returning to his
original residence citizenship at some future pc
H.,EaFt nfl 1tahS
decided 90 that person who removes to a foreign
country settles himself there and engages in the
trade Of the country furnishes by these acts such
evidences of an intention permanently TO reside
in that country as to stamp him with its national
character" aud this undoubtedly Is IN full accord
ance with the sentiments OF the most eminent
writer's, we'll as with those OF high judicial tri-
bunals on the subject No government has carried
this general presumption further than that OF the
United States since it is well known that hundreds
of thousands Of persons are now living IN this coun
try who have not been naturalzed according to the
provisions of law, sworn any allegiance TO this
Government, nor been domjciled amongst us by
any regular course of proceedings. What degree
of alarm would IL not give TO this vastly numerous
class of men, actually living amongst us as inhab
iants Of the United States, 10 learn that, by re-
moving to this country, they had not transferred
their allegiance from the Governments OF which
they orr ginally subjects to this Government!
And, on the other hand, what would be the condl-
ton of this country and its Government, II the
sovereigns of Europe, from whose donlnlons they
have eInigraed, supposed to have still right
to nterpoBe to protect such inhabitants against the
penalties which might be justly incurred by them
in consequence Of their violation OF the laws Of the
United States In questions on thia subject, the
chief point TO be considered is the animus nnnedi,
intention of continued residence and thia ust
be decided by reasonable rules and the general
principles Of evidence If it sufficiently appear that
the intention Of removing was to make perma
nent settlement, a settlement for an indefinite
time, the right OF domcil acquired by residence
even Of few days.
- hat citiz
who goes into foreign country, although he owes
local and temporary allegiance to that country, Is
yet, If be performs no other act changing his con
diuon, entitled to the protection of his Gov
eminent and il, without the violation of any mu-
nicipal law, he should be treated unjustly, he
would have right to claim that protection and
the interposition of the American Government in
his favor would be considered as u justifiabe in
terposition. Bot bis situation is completely
changed when, by his own act he has made him
self the subject OF foreign power. And a person
found residing In foreign country is presumed to
be there amino mGnendi with the purpose OF re-
manning; and TO relieve himself Of the character
which this presumption likes upon him, ne must
show that his residence was only temporary, and
accompanied all the while with fixed and def
mite intention of returning. II in that country
he engages in trade and business, he is con
sidered by the law Of nations 4 merchant Of
that country nor is the presumption rebutted by
the residence OF his wife and family III the coun
try from which 10 This 10 the doctrine
as laid down by the United States courts. And
came to the United States and continued to reside
here and carry trade after the breaking out OF
war between Spain and Great Britain, is 10 be con
eidered an American merchant, although the trade
could be lawfully carried on by Spanish subject
only. But the necessity Of any presumption in Mr..
Thrasher's case IL entirely removed, IT, in fact, be
actually took out letters Of domilicaton, in order
10 enable him to transact business such q Span
ish subject or domciliated freeman can alone
transact, and actually swore alegianceto the Span
ish crown. For the purpose of showing the mode
by which foreigners are domciled in the leland o.
Cuba and the duties thereby imposed upon them
and also by what means they obtain the ultimate
right OF naturalization, have thought it worti
while TO quote at length translation Of the Roya
Decree of January IL. 1915, and also the Royal Co
Ionzation Decree Of October q, 1917. 1t is under
stood that change has been made in tho require
Inents of the Spanish law Of domicil and natural
cation since that period:
'All foreigners belonging to powers and coun
tries that are friendly to me, who may wish To es
tabsh themselves, or who may already be estab
iished in the Island OF Cuba, must produce suitab
evidence before the government Of said island tina
they profess the Roman Catholic religion, and
without this Indispensable qualification, they vii