American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-12-20

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 gov
efnment, he would seem to have little right to
set up against it any immunity founded on his
original and native character of citizen of the
United States. There is no doubt that any
one, who chooses to reside in country, is
bound to conform to its laws and is amenable
to its tribunals for their violation the more
especially il he has promised sabjection and
obedience to those laws, and taken an oath of
allegiance to the sovereign power Mr.. Thrash
erS friends insist that on his trial he was de-
priyed Of certain privileges secured to citizens
| OF the United States by the seventh article Of
our treaty with Spain Of 1895. But it may be
doubted whether, after having sworn allegiance
to the Spanish government, he can longer claim
the privileges and immunities of an American
citizen" stna aA .t4Gi tf tNtb
| Here is another instance of Mr.. Webster's
special pleading to sustain tyranny and con-
tempt of treaties. There can be no doubt that,
| If any oath of allegiance to Spain was ever
taken by Mr.. Thrasher, it was that restricted
ding IN Cuba are required to take. That oath,
whenever taken, is taken subject to the heaty,
and cannot deprive American citizens of the
privileges and immunities secured to them by
the treaty Otherwise, Spain, in exacting that
oath, commits a gross violation Of the treaty.
Well may it be asked "Who is safe under the
stars and stripes ~ lf3s4 fl gs 8,
| Yet with oil this--and the affair of the Pro-
metheus staring us in the face--heedless of the
disgrace and degradation of the American flag,
trucking alike to the arrogance of England
and the outrages perpetrated by the authorities
of the little dependency of Cuba, Mr. Webster
is presented by Mr. Choate, of Boston, and the
London Morning Chronicle, to the American
people as candidate for the Presidency, and
our foreign relations" a# .4
| Mr.. Thrasher to tho Am cricnn Consul.
PUNTA PRISON, HAVANA, Nov. Is, 1851.
| Allen r. ,Oaoen, esq, y. S. Consul, Havana:
/ DEAR SIR:--In q state of complete uncer-
tainty as to the course my trial is taking since
the presentation to the Council of War Of my
solemn protest against judgment being entered,
without allowing me every fair and legal means
Of defence, (Which | herein do most solemnly
aver has not been allowed me, my nominal de-
fender, or advocate, never having in any man
ner consulted with me as to the best line Of de-
fence to adopt, nor even asked what counter
! testimony could bring forward, nor ever hav-
ing consulted with my legal counsel as to points
| of law,)I find myself under the necessity, to
secure justice, to request you to bring forward
my rights as an American citizen, and to press
with all due frmness upon the Government my
complete non-amenablity to the charge of trea
i son, which they bring forward against me; the
incongruity of trying me by court martial in
a time of profound peace, and the injustice of
c,,.. ..I. O.. 1aP
BesidAA the evident and wellknown state Of
the law in regard to white colonization in this
Island, by which domiciliatory letters are grant
ed to foreigners, without affecting in any dc
gree their allegiance to, and right of protection
from, their own governments, and which do
miciliatory letters are essentially different in
their nature from letters Of naturalization there
exists in my own case peculiar and significant
fact, to which beg leave to draw your atten-
ton, that you may bring it Immediately before
the government of this Island, and our own if
necessary. -
! About the middle Of August of last year,
| 1850,) / rented, as a matter of speculation,
the paper entitled " Faro Industrial de la Hd-
bdna." presented to the censorship an editor,
other than myself, and who was Spanish sub
ject, and undertook myself only the printing
and publication Of the paper. For reasons best
known to the government, an order was issued
by the Captain. General, (which would present
here, but | was refused a copy thereof by the
| officer who made it known to me, by which
order was prohibited to publish any paper in
the Island unless j first took out letters Of
naturalization. Within the prescribed term,
replied to the order in memorial, which pre-
sented to the Captain General, declining to
take out letters of naturalization, and stating
that ceased to publish the paper, which from
/ 81 4; top,,
In this proceeding you viii perceive there is
a decided recognition, on the part of the gov.
ernment, of my entire want of allegiance TO her
Catholic Majesty, and Of the complete validity
Of my rights as an American citizen, notwith-
standing possessed at that time the same dom
iciliary letters under which they now pretend
to right TO accuse, try, and sentence me as n
Spanish subject; and / have not since then, by
any act, or by the operation Of any known law,
lost my rights Of nationality and allegiance TO
the United States of America.
state these facts from memory merely, be-
ing in durance, and without facile access to my
papers; and an not certain but that the terms
of the order TO which have referred may not,
in their wording, present the facts in u stronger
| light even than what have placed them
| call upon you, therefore, rs Consul Of the
United States, and representative here Of our
common country and government, to bring these
facts forcibly and urgently to the knowledge Of
the government Of Cuba to protest firmly and
energetically against the infringement Of the
rights ofan American citizen in my person, and
the denial of justice to me ; and to ask from
the Captain-General that there be accorded to
me a proper and sufficient time to make my de-
fence; that | be furnished with full copies of
all the proceedings and evidence in my case, to
which l am entitled by law and by treaty and
hat h. c,,x lxaI al.
docments that | may deem necessary to my
perfect exculpation from the charges brought
against me.
must also request you to urge upon this
government the incompatbility of considering
me Mt one moment an American citizen, and at