The New York herald., 1851-12-26
Letter from Mr.. Webster relating to the
Law or DOmieil, &c.

Ihe following letser from the Secretary of State,
amongst other papers relating to the case of Mr..
Ihrasher, was communicated to the House of Rep-
resentatives in message from the President
The other papers, or such of them as possess gene.
raj interest, have lately been laid before the S,-
nats' and have already been published =
DEPARTMENT OF STATE,
WASHINGTON, December, 1851.
To THE PRESIDENT
The Secretary of State, to whom has been re-
fecIed aresolution Of the House OF Representatives
solved, That the President Of the United States be
requested, so far as in his judgment may be compa.
tioie with the public interest, to communicates to
TINS House any infor nation ia possession of the
Executive respecting the imprisonment, trial, aud
sentence of John s. Thrasher, ia the Island of
Cuba and his right to claim the protection of the
government as native-born citizen of the United
states has the honor to rerort to the President
tnat al the ocial Information in possession of this
department, respecting the imprisonment, trial. and
sentence of MIR. John 5. Thrashsr, is contained in
the dispatches Of Allen F. Owen, Esquire, late
United States Consul at Havaoa, together with
correspondence between him and the Governor
General ofthe Island of Cuba, and in a letter ad.
dressed by the Governor General to Don A. CAL
aer1n 1e Ia barca, her Catholic Majeitys Minister
In the United Ststes-copies Of all of which are
here with transmitted.
There is no doubt thar John S. Thrasher Is a
citizen ofthe United States by birth, nor is there
any doubt that he has resided in the Island Cuba
for q considerable number Of years engaged in
business transactions, sometimes as a merchant,
and sometimes as the conductor of a ne gspapec
press; although the precise period and duration Of
such residence are not known. On shis point, the
department has sought in vain for exact nforma.
ton Mr. Thrasher himself has made 10 commu-
nication to this department, although he has,
tnrough the press, addressed general letter Of
monstrance to the government and people Of the
United States.
In the letter from the Governor of Cuba to her
Catholic Msjesty's Minister in the United States,
already mentioned, it is stated that he has been
N fAr no;I Ia
time, but domiciled there by regular proceedings;
and that he has, in solemn form, worm allegiance
to the Spanish crown. There is no evidence in the
possession Of the government to show what was his
purpose with regard to returning to his native coun-
try at any axed or definite time. Other members
OF his family are understood to be, like himself,
residents in Cuba, his father having gone to that
Island some years ago.
These are all the known general facts, respect
ing the nature Of his residence in Havana. which
have come to the knowledge of this department.
Ii appears that soon after the failure and break
ing up of the late expedition of Narcisso Loez, in
the invasion OF Cuba by him and the tr pops under
his command, Mr. Thrasher was sted and tried
for nigh treason, or conspiracy against the crown
OF spain, condemned to eight years Imprisonment at
to hard labor, and sent to Spain in execution of
that sentence. There is evidence In the depart
ment to show what were the particular acts of
treason or conspiracy alleged, or proved, against
though pains have been taken to ascertain parti-
culars.
Tie first general question: then, is, as to his light
to exemption from Spanish law and Spanish au-
thority, on the ground Of his being native born
citizen Of the United States.
The general rule Of the public law is that every
person OF full age has right to change his domicil
and it follows, that whom he remog yes to another
place, with an intention to make that place his por
maBent residence or his residence for an indefinite
period, l: becomes instantly his place Of domiciI
and this is so, notwithstanding he may enter tain
floating intention Of returning to his original resi-.
rha
supreme Court Of the United States has decided
'that person who removes to a foreign country,
settles himself there, and engages. in the trade
the country, furnishes by these acts such evidences
Ian intention permanently to reside in that coun.
try, as to stamp him with its national character"
and this undoubtedly 10 in full accordance with tn,
with those Of high judicial tribunals on tho sabect
No government has carried this general p,esump
tton furthsr than that of tho United States, |
since It is well known that hundreds OF
thousands Oh persons are now living In thi' |
country who have not been nl.uralized according |
to the provisions OF law, sworn any allegianc
% this government, nor boon domicled amongst us
by az regular course Of proceedings. What degree
alarm would II not give TO tnis vastly Numerous
class Of men, actually livisg amongst US as nhabi-
tsnts Of the United States to learn that by remov-
ing TO this country, they had not transferred their
originally subjects, % tSi. COVER sovernmsnsi And % on
the other hard what would be the con liton OF this
country and its government IL the soyereigns Of Eu-
rope nom whose doninions they have emigrated,
were supposed to have still right to intsrpose 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 this subject, the chief point to be con
sidered is the pwsus nancsdi, or intention of con-
tinued residence and this must be decided by roa
sonabie rules and the general principles OF evidence
II funciently appear that the intention Of romov-
ne vas TO make a permanent settlement, or q sot.
tlsmsnt for indefinite time, tho right Of domiol
10 acquired By residence even Of few days.
y = lf 'oub,sdy true that an American citizen
she soss into foreign country, although be owes
local ssd temporary allegian,e to thai country, Is
yet be performs no other act changing his condi-
tion entitled 10 the protection Of his own govern.
ment; and n, without the violation OF any munich
pal Law, be should be treated upjustly, he would
have right to claim that protection; aad the i'm
terpos,ion Of the American government in sis favor
would be considered as Justi6sble interposition
But MS situation Is completely changed, when, By
his own act, he has made himself the subject OF q
foreign power. And person found residing in q
foreign country Is presumed to be there aas'o mn.
nUd,, or with the purpose of remaining and
TO relieve himself Of the character which this |
presumption ixes upon him, he must show TIA,
MED ali the while with fixed ard definite intention
OF returning Hin that country he engages 10 trade
and business ho is con deredby the Law OF nations
as amerchant that country; nor Ia he presumption
rebutted by the residence Of his wife and family
in The country from which he came This is the
doctrine as laid down by the United States courts
And IL has been decided that a Spanish merchant
who came to the United states and continued Z
reside here and carry trade after the breaking
out Of war between Spain and Great Britain, is TO
be considered an ucrican merchant, although III
trade could be lawfully carried on by Spanish
subject only But the necessity Of any presumption
in Mr.. Thrasher's case Is entirely removed, IL, n
act he actually took out letters Of domciliaton, Ia
order 70 enable him TO transact business suoh as
Spanish subject or adomciliated freeman alon,
transatt, and actually swore allegiance to the
E0rt tha ~ shoUtu uU no
mode BY which foreigners are domiced in the
Island OF Cuba, and the duties thereby i'm posed
upon them, and also by what means they obtain
the ultimate right Of naturalization, have thought
i worth while to quote at length translation Of
the Royal Decree ef January 18th, 1915, aud also
the Royal COLONIZATION Decree Of October II, 1871
Il is understood that no change has been made in
the requirements Of the Spanish law Of domicl AID
naturalization since that period
All Foreigners belonging II powers nd countries that
are friendly to me who may wish establish themselves