The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-23
To the Most Rrcsllent President, Gov1nor, and
Captain General

MosT ESTEEMED Sra The Fiscals beg to state:
His lordship the President, with view OF avoiding
any difficulties in the mode OF proceeding, wishes
to know the opinion of this Royal Court OF Judica-
in regard to the true meaning of the 7th arti
Gle of the treaty of friendship between her majesty
and the Republic of the United States, signed at
San Lorenzo ct Real, the 9th of October, 1895;
and especially, if in of any proceedings being
instituted for the crime of treason against any ma
tive of the United States who may be domicled or
q resident of this island, whether that article could
give occasion for pretext on the part of any person
to change the natural order OF things in the estab
lished forms of the permanent, executive, military
commission of this place, which ia the competent
tribunal of the country for taking cognizance of
such crimes. The Fiscals very easily satisfy,
on their part, the wishes of the President, fret
making few remarks in regard to the class Of
foreigners who may, in general, reside amongst
us at the present time. And, If the Fiscals have
to refer to the actual state of things it is because
in former times Foreigners were allowed
to the Indies; while at the present day. since
the introduction OF immunitie5 III trade, and the
admission of all kinds of people, the subjects of
other nations constitute already very consider
able portion of our society. The latter may be di-
vided into three classes, or be simply designated
transient, domiciied, or naturatiscd. The first
mentioned preserve many ties with the country
whence they came; but in the peninsula they
Joy certain alien privileges, because this suited
TO the relations of the mother country with the
tons to which they belonged. In the Indies there
are no such alien privileges, because they de-
rived from treaties which had not been extended to
these colonies; and on that account here they are
subject to the laws of the country, and liable to be
tried before the local tribunals by their respective
Judges And ii ia not here alone that these regu-
ations in force; for it may well be said that it
ia a principle of the common law of nations
that foreigner of this class ought to be punished
where he commits crime, and to be formally
tried before he receives that. punishment, II all
communities did not possess this right, they would
be in want OF great conservative element, mas
much they might be warred against by foreign
CrA defence
themselves Ii foreigner OF the class called tran
silent commits the crime OF treason in these regions
he cannot avoid being amenable to the regular tr-
bunals which ought to take cognizance, and which
do exercise jurisdiction this species of crimes.
The other class of foreigners is that which is de-
nominated doBicilcd; and these, in order TO be-
come entitled TO ouch a, character, obliged TO
declare their intention OF establishing themselves
in the island, TO profess the Roman reli giun, and
then the name of the individual that of his coun.
try, his family and profession, formally regis
tered before the letter of domicilc is issued 10 him.
he must take the oath Of allegiance and submission
promising 10 obey The laJps and ordinances 10 Which
all Spanidrds are amendbIe, according To the prov-
sions of the 4th article Of the royal decree of DC
tober 81, 1871, relative to the increase of the
white population in this island Dumcilcd for
oigncrs, therefore, are subject to the laws OF
ordinances; and with regard TO the class styled
naiHdlized foreigners, the Fiscals have little
nothing say, because the latter have broken
asunder all tho tics which bound them TO tho land
of their birth, and are looked upon aud considered
as Spaniards in tho full legal acceptaton OF that
term. This classification being established il will
be icy now to solve the question which has been
proposed by the President, seeing that the 9TH arr
tcle of the treaty alluded TO respects those con-
sentative principles which have already been
pointed out, and can fully elucidaie the same in
case any doubt should exist in regard to them; the
article says, THAT in all cases Of seizure, deten
ton, or arrest for debts contracted, or offences
committed by any citizen or subject OF one Of the
contracting parties, within the Jurisdiction of the
other, the same shall be prosecuted by order and
authority OF law only, and according TO the regular
course of proceedings usual in such cases" by
tho very language OF this treaty, according 20 the
article ITSELF and in the opinion Of the Fscas, for
eigncrs arc amenoble to the competent tribunals
without there being any occasion for changing the
regular course of proceedings, or for infringing
upon any OF our forms. The article allows citi
zens and subjects of both parties TO employ such
advocates, solicitors notares, agents. aud factors