Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-12-25
DEPARTMENT OF STATE,

crctary oil State:
DEPARTMENT OF STATE,
Washington, Dec. 10, 1851.
Sir:-The object of this despatch is To
call your attention particularly to the case
of John $. Thrasher, native born either
of the United States, but for some years
past resident in Havna, and there lately
tried for high treason or conspiracy; con
victed. sentenced to eight years confne
ment to hard labor, and sent to Spain in ex
ecution Of that sentence. He has respecta
bic friends and connexions in the U. States
no feel much interest for him, and who
have pressed his case upon the considera-
ton of this Department, earnestly invok
ing the interposition of the Government in
his behalf
1t is much to be regretted that Mr.
Thrasher has made no communication what
ever to this Department respecting the cir
cumstances of his case, SO as to enable us
to see what are the precise grounds of his
complaint.
We have used all the means in our pow
err to learn the particulars. as you will per-
ceive, by copies Of two letters addressed
by this Department to the American Con
sui at Havana. To these letters we have
received as yet no answer. A despatch on
THIS subject was prepared for you some
days ago, but before it was delivered to
the messenger a communication was re-
ceived from Mr.. Calderon, her Majesty S
Plenipoientary here, communicating a
Copy of a letter of the Governor-G eneral
of Cuba to him, and also an opionion oI
the Court Real Audiencia Prc,orias Roy.
al Court of Judicature upon the construc-
ton ofthe 7th article the Treaty between
the United States and Spain. The trans.
lation of these documents has necessarily
caused some delay. You will perceive
that the Spanish authorizes of the Island
represent that Mr.. Thrasher had been long
resident in Havana; had become domicil
ed there, and had taken the oath Of ale
glance to the Spanish Crown; and there
fore, as they suppose. was answerable 70
the ordinary tribunals of the country for
any criminal act committed by him.
This causes 1t to be the more regretted
| that he has made no communication to the
Government of his own cause, as he un-
derstands it. He has indeed, through the
press, addressed general letter of rcmon-
STRANGE TO the Government and People of
the United States, and this is all we hear
from him personally. Nevertheless, his
case has been thought deserving of atten-
lion, and there is disposition in the Gov
crnment TO do all which may be proper in
his behalf If the official account of the
Spanish authorities be correct, Mr.. Thrash
CT appears 10 have expatrlated himself,
and to have become, at least for the time,
a subject of the Crown of Spain. He had
chosen a new Government and new
home; and so long as he chose to remain
under the authority and protection of that
Government he would seem to have little
right TO set up against it any immunity
founded on his original and native charac
ter as citizen of the United States. There
is no doubt that any one who chooses TO
reside in country is tound to conform TO
Its laws, and is amenable 10 its tribunals
for their violation. The more especially
If he has promised suljeciion and obedI
ence to those laws, and taken an oath Of
allegiance to the sovereign Power.
MIR. Thrasher's friends sst.nevertheless
that on his trial he was deprived ofcertain
privileges secured TO citizens Of the Unit
ed States by the 9TH article of our treaty
with Spain Of 1895. But it may be doubt
full whether, after having sworn allegiance
to the Spanish Government, he can longer
claim the privileges and immuni,ics of an
American citizen. In the United States;
as you know, the oath of allegiance is the
contamination of'he proceeding by whicha
foreigner horn becomes citizen of this
Sountry, and renounccs all allegiance to
any foreign Government. 1t may be doubt
full, also, whether, if he were TO be regard
ed in all respects as an American citizen,
the provisions of the 7th article of the trea-
ty Of 1895 have been violated in his case.
Probably, under existing circumstances.
the most useful course for the Government
ofthe United States TO pursue in his behalf,
and in order TO obtain his release. is to
make the same application for him which
has been made in favor f the persons con-
nec'cd with the expedition of lopez. who
have, in Ike manner, been sent to Spain.
Ills case, how ever, is certainly less ia
grant than theirs. They We're violent in
vaders. proceeding 10 Cuba with arms in
their hands to make War upon The Span
ISL Government and people. He at most
could be only guilty of some connivance,
or secret counienanee of these unlawful
proceedings; and. as his friends represent
the Matter. his condnef was principally
ins'igatcd. not So much by sympathy with
the invaders in their general objects, as by
a desire To minister t. cir nccessi,es.-
You will perceive, therefore, that his case
is one u.ore FL for a lenifnt consideration
than that oftbose win whom the project
ofinvasion origin Ted, ard who were made