The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-23

john ,. Ihrasher, enables me TO comply with the
request conveyed in your letter Of the sth instant
/ enclose, therefore, a copy Of his excellency'a
communication, and avail myself of this occasion,
sir, to offer TO you renewed assurance of my very
disting uished consideration.
A. CALDERON DE LA BARCA.
Hon. DANIEL WEBSTER, &c.
fTRAHsLATloN.1
Government House aud Office of the Captain General
Of The Island Of Cuba.
MOST EXCELLENT SIN: Don J. s. Thrasher, n
native of the United States accused of the crime OF
high treason conspiracy, having been tried and
sentenced by the tribunal Of the military commis-
sion, think il proper that your excellency should
be informed of the course OF proceedings to which
this trial has given place.
The military commission, as have said before,
has tried Mr.. ]. S. Thrasher, an American citizen,
but for many years domicled in this island, for the
crime OF conspiracy against the Stae and SEN
fenced him for eight years at hard labor AS your
excellency will perceive by the subjoined docu-
ments, the aforesaid individual, through the medium
of the Consul complains. first that sufficient time
was not allowed him to prepare his defence; that
the officer Of the army who defended him did not
consult the lawyers he had selected; and that the
advocate whose services that officer availed himself
Of did not agree with him as to the mode of con-
Quoting the defence. Secondly, that he ought not
to have been tried by military commission in
times of peace; and that he could not be charged
with treason, as he was citizen of the United
States. And, thirdly, that, although he is domi-
cled he had refused 10 be naturazed; and that for
this reason he had been prohibited from continuing
the Faro, journal which he had been publishing
in this city. Such is the total amount of grievances,
reduced to the simplest mode Of expression, OF
which Mr.. Thrasher complains. 1t is extremely
easy to reply to them.
The tribunal known by the name of military
commission has, like all the rest certain forms of
proceedings previously established by law; these
forms are brief, because the nature Of the crimes
over which it has jurisdiction requires that they
should be so; they, however, afford sufficient guar
antee to the persons accused. This brevity of
forms required that the arguments should be shor
and that there shnll not be any lawyers admitted,
10 introduce into these trials the same habit of
sluggishncss which has been carried into the pro-
ceedings OF common and ordinary suits at law In
the case of MIR. Thrashcr all the forms employed
by the military commission have been scrupu-
lousy observed. He selected of his own free will,
whichever officer of the army he preferred to con-
duct his defence, and the latter had access to the
proceedings whenever he deemed il necessary,
took abstracts OF the same, conferred with his
client, and assisted, as well as MIR. Thrasher, at
the trial of the case, and read on the occasion
large manuscript of defence, which the judges had
fully taken into consideration when they pro-
nounced his sentence.
] do not know whether that officer did or did not
consult with the lawyer selected by Mr.. Thrasher,
and am likewise ignorant OF the fact whether the
individual who was entrusted with the confidence
of the former conferred with the latter as to the
means OF defence. But, even if this had been the
case, inasmuch as lawyers arc not admitted to
plead in these trials the officer designated by the
accused having to discharge the duty of conduct
ing the defence, any consultation with advocates
on the part Of the latter is spontaneous act for
his own better information, and he may therefore
select whom he prefers best. Above all, the most
conclusive proof in Justification of this tribunal ia
the publicity which is given to all its acts The
trial Of Mr. Thrashers witnessed by him.
self, by the Consul of the United States, and by
immense concourse of people, who bear unani
nous witness TO the scrupuous exactness with
which all the forms observed, we'll to the
freedom and amplitude of defence, granted to the
accused, and TO the mildness Of the punishment inn
posed, considering the nature OF his crime 1t Is said
that he ought not to.have been tried by military
commission in times Of peace. This is an which
probably owes its origin to the name by which this
tribunal has been designated. The military COM
mission established in this island since the year
1926 is common and ordinary tribunal for the
trial OF such crimes as may be committed against
the State. II was therefore the only authority com
potent to pass judgment upon Mr. Thrasher, who
stood accused ofconspracy and the latter could not
have been tried by any other tribunal without man
iest violation ofthe laws by which governed.
MIR. Thrasher, who was formerly editor OF the
Faro, literary, political, and economical paper,
could not have been ignorant of the truth Of this
assertion, and, having offended against the State,
he knowingly subjected himself to the jurisdiction
OF the military commission. 1t Is added that, as
indicted for treason. Thisis so singular doctrine
that ought not TO stop to refute it. will do so,
nevertheless; not without previously remarking
that, if MIR. Thrasher considers this doctrine
rightful one, there be nothing strange, in fact,
in his having become conspirator "Protection
is due to foreigners, says James Kent, in his Com
mentaries on American Law, volume j, page 35;
but they are bound TO obey the laws of the country
and are amenable to it's tribunals for infracons Of
the law lin the United States foreigners bound
to respect the Laws, and in case OF their violat
ing those laws, they are liable to be tried and pun
ished by the tribunals of the country, what right
has MIR. Thrasher to expect in his capacity of
American citizen, to be beyond the reach of the
law which in this country is applied for the punish
ment of traitors? What would become of public
tranquility if foreigners were permitted to enter
into conspiracies unrestrained? On the 27th of
October, 1895, a treaty was concluded between
Spain and the United States, in the seventh article
OF which Mr.. Thrasher pretends to find matter TO
sustain his complaints; it runs hue: "And in all
cases of detention or arrest for debts contracted
or offences committed by any citizen subject
OF one OF the contracting parties, within the ju
risdicton of the other, the same shall be prose-
cuted by order and authority of law only, and
according TO The regular course of proceedings usual
in such cases" Consequently, American citi-
zens here responsible, in the same way that
Spanish subjects are responsible in the United
States, for the offences crimes which they may
commit, and that responsibility is rendered efIec-
tive by the tribunals, and according to the regu-
lar course of proceedings usual in such cases Ia
there by chance any greater offence or crime than
that of treason? The American who conspires to
overthrow the government of this country, who
repays the hospitality and the protection which it
has extended to him by endeavoring to destroyit,
is therefore bound to answer before the tribunal
for the offence which, by doing, he may have
committed, according to the regular of
proceedings usual in such cases, And which is
the tribunal, Il return again to demonstrate Il 9
competency OF the military commission and what
has been the course of proceedings adopted in
Mr.. Thrashcrs case. which is one of conspiracy
against the State? The military commission and
its forms of proceedings, which have been scru-
pulously observed in his trial. Hence he has no
cause either to rcpel the charge of treason, to
pretend that he ought to have been tried by other
judges, or to have gone through different course
OF proceedings than that which pursued.
1t is true, that by this very article the parties in
terested arc allowed to employ such advocates So
licitors, notaries, agents, or factors they may
judge proper, and il may be that MIR. Thrasher has
inferred from these words, in the article in ques-
ton, that he had right to select OH advocate.
But who is there so ignorant not TO know that
these words have reference to such matters suits
at law in which such functionaries required by
the established course of procecding' There are
cases which need the fundamentally of agents or
factors, and others which require the intervention
of advocates, attorneys, and notarics. The article
Al,A. III Al.