Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-12-29

The following letter from the Secretary OF State,
amongst other papers relating to the case of Mr..
rhrasher. was communicated to the House of Re-
Iressnlatives on Tuesday in message from the Pre-
,denl:
DEPARTMENT OF STATE,
WASHINGTON, December, 1851. J
To THE PRESIDENT:
The Secretary of State to whom has been referred
a resolution of the House OF Representatives OF the
18th instant, in the following words: "Resolved,
That the President OF the United States be requested
so Tar as in his judgment may be compatible with
the public interest, to communicate to this House
any information in possession OF the Executive respect
ing the Imprisonment trial and sentence OF john ).
Thrasher in the Island Of Cuba, and his right to claim
the protection of the Government as native born cit
zen of the United States-has the honor 10 report 10
the President that all the ottlcla information 10 pos
session OF this Department, respecting the imprison-
ment trial and sentence OF Mr. John 5. Thrasher, is
contained in the dispatches OF Allen +. Owen, Esq.,
late United States Consul at Havana, together with
correspondence between him and the Governor Gene
raj of the Island Of Cuba, and in letter adore sed by
the Governor General to Don A. Calderon de la Bar
ca, her Catholic Maesty's Minister in the United
States; copies of all of which herewith transmit
ted.
There is no doubt that john S. Thrssher is citizen
OF the United States bF BIRTH is there any doubt
that he has resided in the lslaad OF Cuba Tor csns-
derable number of years. engaged in business transac~
tons sometimes as merchant, and sometimes as the
conductor OF newspaper press; although the precise
period and duration ct such residence are not known
On this point the Department has sought IN vain tor
exact information. Mr.. Thrasher himself has made
no communication to this Department, although lie
has, through the PRESS addressed general letter OF
remonstrance 10 the Government and people OF the
United States.
10 the letter from the Governor of Cuba to her Cath
Ollie Majesty's Minister in the u States already men,
oned il is stated that he has been net oay resident
in Havana for considerable time but domciled there
BY regular procsedngs and that he has, solemn form
sworn allegiance to the Spanish crown. There is no
evidence in the posse sson of the Government to show
what his purpose with regard to returning to his
native country at any fixed or definite time. Other
members of his family understood to be, like him
self residents in Cuba his father having gone to that
island some years ago.
These are all known general facts, respecting the
nature of his residence at Havana, which have come
to the knowledge OF this Department
1t appears that after the failure and breaking
I'D of the late expedition of Narcso Lopez in the inva
sion of Cuba by him and the troops under his com
maud Mr.. Thrasher was arrested and tried tor high
conspiracy against the crown OF Spain, con-
demned to eight years Imprisonment to hard labor, and
sent to Spain in execution OF that sentence. There is
no evidence in the Department TO show what were
the particular acts OF treason conspiracy alleged
proved against him. We have only the general state
ment although pains have been taken to ascertain par
tieu ars
The first general question, then s, to his right to
exemption from Spanish law and Spanish authority, on
the ground OF his being native born citizen OF the Un-
ted Staes
The general rule of the public law is, that every
person of full age has right TO change his domic
and ltfoows that, when he removed to another place.
with an intention make that place his permanent re-
sidence or his residence for an indefinite period, il
becomes instantly his place of domicl; and this is
notwithstanding he may entertain floating intention
of returning to his original residence or citizenship at
some future period. The Supreme Court OF the UNI
ted States has decided that person who removes to
foreign country settles himself there, and engages
in the trade of the country furnishes by those acts
such evidences of intention permanently to reside
in that country as to stamp him with lis national
character and this undoubtedly Is full accordance
with the sentiments of the most eminent writers,
well as with those of high judicial tribunals the
subject No government has carried this general pre-
sumption further than that of the United States, since
it is well known that hundreds OF thousands OF per-
sons are now living in this country who have not been
naturazed according to the provisions OF the law,
nor sworn any allegiance to this Government, nor been
domciled amongst US by any regular course OF pro-
ceedinqs. What degree of alarm would it give
10 this vastly numerous class of men, actually living
amongst us as inhabitants OF the United States, to
learn that by removing this country, they had moi
transferred their allegiance from the Governments of
which they were originally SUBJECTS to this Govern
ment? And, on-the other hand, what would be the
condition of this country and Its Government, 1t the
sovereigns of Europe, fron whose dompons they
have emlgrated, supposed 10 have still right to
interpose protect such inhabitants against the pen
allies which might be justly Incurred by them IN con-
sequence of their violation OF the laws OF the United
States? In questions this subject, the chief point
to be considered is the d11nts nane'de, or intention
of continued residence; and this must DE- decided by
deuce If it sutfc eltly appear that the intention OF
removing was to make permanent settlement, or q
settlement for indefinite time, the right OF oomcil
is ACQUIRED by residence even OF few days.
1t ia undoubtedly true that an American citizen
who goes into a foreign country, although he owes To-
cal and temporary allegiance to that country, s yet
if he performs no other act changing his condition,
titled TO the protection of his own Governments and if,
without the violation of any municipal law, he should
be treated unlustly. he would have right to claim
that projections and the interpretation OF the American
r. his he
fable interposton. But his situation is completely
changed when, by his own act, ne has made himself
the subject OF foreign power. Aad person found
resdng in a foreign country Is presumed to be there
ani,ao n,anendi with the purpose OF remaining; and
to relieve himself of the character which this presump
ton fxeg upon him, he must show hat his residence
was only temporary and accompanied all the while
with fixed and definite intention OF returning. II
in that country he engages in trade and business he
is conside ed by the law of nations as merchant OF
that country; nor y the presumption leouttsd by the
which he came. This Is the doctrine as laid down
by the United States courts And II has been decided
that a Spanish merchant, who came TO the United
States and continued TO reside here and carry on trade
after the breaking of war between Spain and Great
Britain is to be considered an American merchant al.
though the trade could be lawfully carried on bya
Snansh subject only. But the necessity of any pre-
sumption in Mr. Thrashers entirely removed it,
in fact he actually took out letters OF Identification,
in order to enable him to transact business such
Spanish subject, or adomcllsted freeman. can alone
transact and actually swors allegiance to the Spanish
crown For the purpose of showing the mode by
which foreigners are domiced in the leland of Cuba
and the duties thereby imposed upon them, and also
by what means they obtain ths ultimate right of natu
ralization | have thought it worth while to quote at
length a translation this Royal Decree Of January
II, 1915 and also the Royal Colonization Decree Of
Octot ,r 81, 1877. 1t is understood that no change
has been made in the requirements OF the Spanish law
Of domicie and naturalization since thai period
Gall foreigners belonging to powers, and countries
that are friendly to me. who may wish to establish
hA had III
Island of Cuba must p oduce suitable evidence before
the governmsat of said island that they profess the
Roman Catholic religion, and, without this lndspenss-
bic qualification, they will not be allowed to become
domicied there; bat my vassals in these donnions
and those inhabitng the Indies need not be compelled
to certify TO this erect, nasmuch az ia regard to them
there can be no doubt upon this point.
bIy to the provisions o. the foregoing article shall take
the oath of allegiance and vassaIags before the govern
or, by which they shall promise TO obey the general