New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-26
Letter from MIR. Webster Relating 10 the Law
of DOmiCiI.


ruth the subject Of which 1t directly treats'l
s----
Letter from Mr.. Webster Relating to the Law
OF D0miciI.
From The National Intelisencer.
The following letter from the Secretay
of State, among other papers relating to the case
OF Mr. Thrasher, was communicated to the
House Of Representatives on Tuesday last, IN
Message from the President. The other papers,
or such OF them as possess general interest, have
lately been Land before the Senate, and have al
ready been published
DEPARTMENT or STATE,
WASHINGTON, December, 1851.
To THE PRESIDENT The Secretary of State, to
whom has been referred resolution OF the House
of Representatives OF the 18th instant in the follow
ing words " Resolved, That the President OF the
United States be requested, so far as IN his Judg-
'nent may be compatible with the public interest,"
TO communicate to this House any information IN
possession OF the Executive respecting the imprls
Comment trial and sentence of John s. Thrasher, IN
the Island of Cuba, and his night to claim the pro-
lection of the Government as natve-born citizen
OF the United States - has the honor TO report 10
the President that all the official information lnpos-
session OF this Department respecting the lmprson-
ment NAL and sentence OF Mr. John :. Ihrasner'
10 contained Ia the dispatches OF Allen +. Owen, Is
Que, late United states Consul NJ Havana together
with correspondence between him ana the Gov
ernoT- General OF the Island of Cuba, and III letter
addressed by the Governor General TO Don A. Caide-
ron de la Barca, her Catholic MaJestys Minister IN
the United States copies OF all OF when are mere
nth transmitted
There ia no doubt that John ). Thrasher is citi-
zen OF the United States by birth, nor is there any
doubt that he mas resided III the Island OF CUBA for
considerable number OF years, edgaged In souslness
transactions, sometimes as a merchant ana some
times the conductor of newspaper press although
the precise period and duration OF such residence
ere not known. On this point the Department has
sought IN vain for exact information. Mr.. Ihrashor
himself has made no communication TO this Depart
meht, although ne has through the press, addressed
general letter OF remOnstfance ~ The government
and People OF the United States.
In the letter from the Governor OF CUBA TO her
Catholic Mslesty's Minister IN the Uoued states,
slre adv mentioned II Is stated that he has been not
only resident in Havana for considerable time,
but comiciled there by regular proceedings and
that he has, in solemn form, sworn allegiance 10 the
Spanish Crown There is no evidence IN the pos
session Of the Government to show what was his
purpose with regard To returning to his native coun.
TRY at fixed or definite time Other members oil
his family understood 10 be, like himself, resi-.
dents IN Cuba, his father having gene to that Island
some years ago
These are all the known general facts, respecting
the nature OF his residence IN Havana, when have
come to the know ledge OF this Department.
IL appears that after the failure and breaking
up OF the late expedition of Narcisso Lopez, IN the
invasion OF Cuba by HIM and the troops under
his command, MIR. ThasheI was arrested ana uied
for high treason, or conspiracy against the Crown
of SPAN, condemned 10 eight years Imprisonment -
hard labor, and sent TO Span IN execution OF that
sentence. There is no eylcence IN the Department
to show wha were The particular acts OF treason or
conspiracy alleged, or proved aga nst him. We
have only the general statement although pains
have been taken to ascertain particulars
The first general question then, Is, as 10 his night
10 exemption from Spanish law and Spanish author
lily, on the ground OF his beng nativeoorn citizen
OF the United States.
The general rule of the public law is, that every
person OF full age has nghl TO change his domicl
ana 1t follows, that when he removes 10 another
place with an Intention to make that place MS per
manent residence, or his residence for an indehulie
period, II becomes instantly his place o. domlci ,
and tins rs SO, nOtwithstAndiEg he may entertain
floating intention OF returning 70 his original resi-
dence cluZenshlp at some future period The
supreme Court OF the United States has decided
"that person ~ho removes 10 foreign country,
settles himself there and engages IN the trade OF the
county furnishes BY these acts such evidence OF an
intention permanently 10 reside m that
stamp him with It's national character )" and this
undoubtedly Is IN full accordance with the sentt-
mems OF the most eminent winters, as web with
those of high luciclal tribunals on the subject Ne
Government has carried this general presumption
further than that OF the United States since II Is
well known that hundreds OF thousands OF persons
are now living in this country who have not been
naturalZsd according 10 the provisions OF law,
any allegl alce 10 THIS government
nor been doniicilsd among uS by any regular
course OF proceedings What degree OF alarm
would Il not give 10 This vastly numerous class %
men, actually living among Us as Inhabitants ~ the
United states. 10 learn that BY rem wing 10 TINS
country, they had hot transferred their allegiance
from the Governments OF which they were originally
subjects 10 inns Government Aad, on ihe other
hand, hai would be the con0ltsn of this country
and It's Govern msni. II The SovsreigRS OF Europe,
from whose douaAions they have emlgrated, were
supposed - have Sil aTghi TO intspcse 10 protect
SUN inaaotsNts agalnSg the penalties which mis i.
be justly ncvrgeG oy thCm Ia consequence OF heir
violation at The laws a; The United StatSs inQutS-
lions o. shis subject the chief point TO be cons tered
Is ue 9a'HnS MANN q. Intention OF Continued res
idence ana this must Gccicct oy reasonable
rules anc The gcLcf.l prnc'Qles % evidence II l.
sufficiently appear that the intention OF removing
was 10 make pe.'' nsns selt'In or settlement
for an incehnl,e I'm n r.sss fd0mcil IS acquired
BY aresicence etea o. '"' SnsS-
II Is undoubtedly tue 1ercsg citizen
xho goes into foreign cs19sry Sil-Vxk as yves
local and Temporary AlieeiaaS- =, .'s' Scsrry, is
yet il be performs NO other sei changing his con
ditiop entitled TO the protection OF hs Govern
meat; and IT, withou, the violation OF any municipal
law, be should be treated unJusty, he would have
\ r.sAt 10 claim thai protection and The inierposi
ton q The American Government in has favor would
be esnsldsred as a Jus,ifzbls mterpostion But his
s.:uassn 10 completely changed. when, oy his own
act Ne has made himself the subject Of foreign
Power And person found residing N foreisn
scrnxy 70 presumed 70 De there sai,n: s'arssd,'
OF xiih the pnrpose OF remaining and TO relieve
husseE cf the character which this prcsumpuon
Axss upon him, no must show thai nus ies'as hes
xes Only temporary, and accompanied sA The whls