The New York herald., 1851-12-25
The Thrasher Case.

The Thrasher Case.
LITTER FROM THE SPANISH MINISTER TO THE sEcRK-
TARY OF STATE COMMUNICATION OF THE CAP
TAIN GENERAL OF CUBA.
The following communication and accompanying
document was sent to the Secretary Of State By the
Spanish minister at Warrington on the llth instant
We have heretofore published account Of this cor
respondence, but now give it in full -
[From the National Inteigencerl
OFFICIAL PAPERB
WAsHNoIoN, Deeember IL, l55l.-sir The circum.
stance Of the Captain General Of Cuba having recently
written to me- for my information concerning the pro-
ceedings against Mr. John s. Thrssher, enables ms to
Sth instant enclose, therefore, copy of his Excel
lencys communication and avail myself Of the occasion
cir to casr to you renewed assurance Of my very dis
A. OALDERON DE LA BARCA.
Hon. DANIEL WEBSTER, &c
trRAssLArroSl
GOVERNMENT AND oFFcE OF THE cAPritS-cENyRA AL
cusA.
Most Excellent Sir Don J. g. Thrasher q native OF
the United States accused Of the high
or conspiracy, having been tried and by the
tribunal OF the military commission, think it proper
Of proceedings to which this trial has given place
The military commission as have said before, has
tried Mr. 3 Thrasher an American citizen, but for
many Year, domcied In this island for the
sPacy against the State and sentenced him for eight
years at hard labor As your Excellency will perceive
by the documents the aforesaid individual through the
medium Of the Consul, complains, first that sufficient
time was not allowed him to prepare his defence;
suit the lawyers he had selected and that the advocate
whose services that officer availed himself or did not
agree with him as to the mode OF conducting
fence secondy that he ought not have been tried
by military commisson times of peace and that he
could not be charged with treason he citizen Of
the United States And, thirdly that, although he is
domiced he had refused to be nstuI allied; and that
for this reason he had been prohibited continuing
the Faro journal which he had been publishing
city Such Is the total amount OF grievances reduce
the simplest mode of expression OF which Mr. Thshsr
complains. 1t is extremely easy to reply to them
| Of m
zion hiss like all the rest certain forms ngs
the Of crimes over which II has iurisa
tion requires that they houd be so they however a
ford sufficient guaranty to the persons accused This
bevty Of forms required that arguments should be
short that shall not be apS LAWYERS
introduce into these the same habit of
which has been the OF
mon and ordinary suits at law In the case of Mr.
ThIasher all the forms employed by the military com
mission have been scrupuously observed lie OF
his free will whichever officer Of the armv he nre
erred conduct his defence ard tine latter had access
to the proceedings Whenever he deemed IL necessary
took ATTRACTS of the same conferred with his and
assisted as we'll as Mr. Thrasher at the trial of IN,
snd read on the occasion large manuscript of defence
which the ju ges had fully taken into consideration
when they pronounced his sentenos
do not know whether that officer did or did not con-
suit with the lawyer selected by Mr. Thrs er and am
likewise ignorant OF the fact whether the who
entrusted with The confidence of the former CO
red with the latter to the defence but
admitted to plead in these trials the on Ger
by the accused having discharge the duty of
ing the defence any with on the
part Of the latter act for his own better
Information he may therefore select whom he pre-
fers best Above ALL the conclusive proof in just-
hcaion Of this tribunal is the pub icy which s iven
TO all Its acts
The trial of Mr. Tbrashers case was witnessed by him
self by the Consul Of the United staes and Inv an In
Of people, who bear unsnim Gus tne,,
to the serupulous exsctness with which ali the forms
observed well as to the free iom ana am pituds
Of defence granted ed and 10 the milo Of
the punishment imposed considering the nature OF mis-
crime 1t II said that ought to have been tried by
military commission peace This Is an err or
which probsoly. owes its origin TO the name by which
this tribunal has been designated The military com.
mission established In this island since the year 1929 is
common and ordnsry tribunal for the trial OF ,uoA
crimes as may be committed against the STATE IL
Therefore The only authority competent to pass udg
msnt upon Mr Ihrasher who stood accused or con-
psey and me latter could not have been tried by any
otasr tFibuhS without manifest violation % the laws
which we az governed
hr Ihrashsr who was formerly editor Of the Fdro-s
ntrAfy loitcai ana economical psI-r could sot have
s.h gsorsnt o the truth OF tis assertion and having
blended asnst The state he kno singy subjected him
,ei 20 the jurisdiction o. the military commission Il
saeed that as ctssn OF the United states be could
net have been indicted for treason This IL singus
doctrine tnnf ought not TO stop To r-fute Il. viii
% 81 ns'erthe essi not without previously remuing
mat, MT fLra hsr considers this doctrine riyhfui
one there can be nothing strange IN fact his hsviny
bscome conspuaeor. Protection is due 20 forpgnerr
ssys James Kent. in his Commentaries ON American
the laws Of me couatry aud s-nsbe to its tribunals
for Infrsctions OF the law
IN ne United States foreigners bound 20 respect
ths ar an T. N es,e q Their violating the laws they
he country what night has Mr. Thrasher to expect In
h cspaey of American citizen, To be beyond the reach
the hN hhicn In TINS country, Is applied Tor the
ishment OF traitors! What would become OF public
ushqunity foreigners were PERMITTED TO enter into
eohIrsces unrestrained On the 9th Of October l7sS
suesy w@ concluded between Spain and the United
states beteventh article OF which Mr. Thrssher pre-
!shdf 10 NM matter TO sustain his complaints runs
mus ana In AL cases OF Dissection arrest FOR debts
contracted or oer committed by any citizen sub.
Jet d one Of the contracting parties within the j1ris-
gcton OF e ctLs the same shsl be prosecuted By
4 he re-
guar csurse o. Proeeejipgs usual in such cases"
Ven'eluepty american eitzsns are here responsible,
ih tne sss va lst spaish subecs ers bic 10
he CIto states Tor IN" oh-ness or crimes which they
sy res possibility u rendered effective
w ano acc rohs 70 the regular course Of
proceedings usual IN such Is there by chance any
greater ence oE crime thsa that Of trea,On The Ae-
Nho eonspe &c overthrow th- governmsnt Of this
ho IessJs .oe hospitahi. ana the protection
- ~ ma sxehuso 20 hlm oy endsavorins TO destroy
- a, pSu.o " AntNel before tine tribunal for