Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-12-20
CONGRESS op rHn UNITED STATES,
WEDNESDAY, DECEMBER II, 1851.
In SENATE.


WEDNESDAY, DECEMBER II, 1851.
IN SENATE.
The Case Of Jots s. TYroSher.
message was received from the President of the
United States, in answer to resolution of the Sin
instant, calling for information in regard to the i'm
prisonment Of Jno. 8. ThrasheT Havana and trans
hitting tle following letter from the Secretary Of
State
DEPARTMENT STATE,
Washington, December 49, 1851
Sr:-Ihe object of this despatch is to call your at
tentlon particularly to the of John S. Thrasher
native born citizen OF the United States, but
Ior some years past resident in Havana, and
there lately tried for high treason or conspiracy con-
Vcted sentenced to eight years confinemt to hard
labor and sent to Spain execution Of that sentence
lie has respectable friends and connexions in the u.
States who feel much interest for him, and who have
pressed his case upon the consideration of this De-
parten earnestly Invoking the lnterposltlon OF the
Goyernmest in his behalf.
1t is much to be regretted that Mr.. Thrasher has
made no communication whatever to this Depart
mont respecting the circumstances of his case so
to enable US to see what are the precise grounds of
his complaint.
We have used all the means in our power to learn
the particulars as you will perceive by copies of two
letters addressed by this Department the American
Consul at Havana. To these letters have recev
ed as yet no answer. despatch on this subject was
prepared Tor you some days ago. but before il de-
llVeTed TO the messenger communication was re-
ceived from Mr., Caderon, her Maiestys Penipoen-
iIary mere communicating copy OF a letter Of tne
eTovernor-General OF Cuba to him, and also an opin-
ica OF the Court Real Audiences Pretorlas IRoyal
Couit OF Jdd caurel upon the construction of the 7h
article OF the Treaty between the United States and
Spain. The translation of these documents has ne
cessary caused some delay. You will perceive that
the Spanish authorities of the Island represent that
Mr. Thrasher had been long resident in Havana; had
become domlcileo there, and had taken the oath of
allegiance to the Spanish Crown and therefore, as
they suppose, was answerable to the ordinary trbu-
mails OF the country for any criminal act committed
by him.
This causes it to be the more regretted that hs has
made no communication to the Government of his
own case as he understands it, He has deed through
Inc press, addressed general letter LOT remonsranee to
the Government and People of the United States aud
this Is all we near from him personally Nevertheless
MS case has been thought deserving OF attention. and
may be proper in his behalf If the official gee cunt
OF the Spanish authorities be- correct Mr. Thrssher
appears to have expatriated hmsel and to have be-
coma at least tor the time, subject of the Crown Of
Spain. He had chosen a new Government and new
hone aud SO long as he chose to remain under the su
thorty and protection OF that Government he would
seem 10 nave little right to set up against it any i'm
munity founded on his original and native character
as citizen OF the United States There is no doubt
that any one who chooses to reside in a country is
bound to conform to It's laws and is amenab.e to its
tribunals tor their violation The especially if he
has promised subsection and obedience to those laws
and taken an oath OF allegiance to the sovereign Pow
er
Mr. Thrssher' friends insist neyerthe Iess that on
his ira he was deprived Of certain privileges secured
to citizens OF the United States by the 9TH article OF our
treaty with Spain OF 1895. But it may be doubtful
whether after having sworn allegiance to the Spanish
Government. he scan longer claim the privileges and
lnmuntles OF an American citizen la the United
States, as you know the oath of allegiance is the con-
summation of the proceeding BY which foreipner
born becomes citizen OF this country, and renounces
all allegiance to any foreign Government. It may be
doubtful, also, whether, he were to be regarded in
al respects as an American citizen. the provisions of
the 7h article OF the treaty OF 1895 have been violated
in his case
Probably, under existing circumstances the most
useful course Tor the Government of the United States
TO pursue IN ks heha and in order 10 obtain his re-
lease, IS to make the application for him which
has been made ia favor of the persons connected with
the expedilion OF Lopez, who have, in like manner
been sent to Spain, His case, however, is certainly
lesssHfagrant than theirs. They were violent inva-
ders, proceeding 10 Cuba with arms in their hands 10
make upon the Spanish Government and pe oo]e
He at most could be only guilty. of some connivance
or secret countenancs of these unlawful proceedings
and, as his friends represent the NATTER his conduct
was principally lnstlgated, not so much BY sympathy
with the Invaders IN their general Objects by de-
sire to matster to their necessities You will per-
celve, therefore, that his Is more fit for
enlent consideration than that of those with whom
the PROJECT OF INVASION originated, and who were
made prisoners IN attempting its orcible execution
You VIII present this point fully as may be to the
consideration OF The Queens Government, and urge
it with earnestuess
In the instruction of this Department. No. IS, coa-
slderatons were presented which it was hoped would
prevail on that Government to release those persons
who had been taken prisoners Ia the expedition of
Lopez The expectation that such release would
be ordered is now good deal strengthened by Infor-
matlon whch the Department has received that tn ose
OF the prisoners who were British subjects have al
ready been liberated
Mr.. Ihra heri represented an anable and in
tegent man. and his friends think that he could have
intended to do more than to administer reIie to the
necessities OF the prisoners. We cannot Judge of this
because we have neither any proof any statement
OF the particular acts in which the alleged treason or
conspiracy consisted. But, however this may be, you
will present to her Catholic Maiestys Government in
as strong manner may be consistent with proprie-
~, the expedencY OF pardonng him with the rest so
that nothing may remain IN the form of lingering
punishment OF individual to keep alive The recoec
ton OF occurrences equally lamented by both Govern
ments. The minimizing and imprudent have been
most severely admonshed by events; those who viola
ted the law have that ishment always awaits
such violation, and we may be allowed to hope that
the exercise on the part of her Maesys Government
OF toroearance and clemency will not tend to encour
age criminal enterprises in future.
Her Majesty's Government cannot doubt the mo.
tives which have acuated that oil the United States in
preventing and REFRESHING, 10 the utmost OF its power
these lnvasions OF Spanish territories cannot doubt
its full and perfect disposition to fulfil all It's obi
cations and to maintain with Spain the most friendly
relations A1d the President directs me to say that he
hopes that her Malesy's Government being thus fully
assured OF the entire good faith of that of the United
States will willingly listen to the suggestion which I
have been directed to make in behalf of all the pri
soners; and repeat, with still strengthened
conviction, the sentiment which | expressed ia my
despatch No. 4S, that the restoration of perfect har
mony and solid and durable peace between the two
countries will he aided and promoted by the reea So OF
all these miserable men from further Imprisonment
With view to its safety and Dispatch, this instruc~
ton is sent to you by special bearer
am, sir, very respectfully,
Your obedient servant,
DAN'I WEBSTER.
To DANIEL M. BARRTNGER, Esq, &c. &c. Madrid
The above communication and accompanying docu-
ments. motion OF Mr. II UNTER, were referred to
the Committee on Foreign Relations, aud ordered to