Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-12-30
THE THRASHER CASE AGAIN-A COMMUNlCA-
TlON FROM MIR. WEBSTER.

Mr. Webster has made communication 10 the House OF
Representatives through The President 'of the facts In
Thrashcts case and Of the law applicable to the facts
The first point Mr. Webster examines is the claim as to
his right OF exemption from Spanish law, in consequence
Of hs being native born citizen of the United States The
rule OF Public law is says Mr.. W. that every person has
right 10 change his domicland this is the decision OF the
Supreme Court oil the United States
The American citizen who goes into foreign country,
owes local and temporary allegiance that country, but yet
under tho protection Of his country and IT. with
violation Of municipal law ho has been oppres-
Cd he has the right the nleposton OF his own govern
ment But person residing in foreign country is pre-
suncd 10 be there ano 4nend" especially ifhe engages
in trade and business MI Webstes words follows
on this point:
NO govcrnmen, has carried this general presumption far
er than Of the United States since ~ well known
that hundreds thousands of persons now living IN this
country who have not been nauraHcd according 70 me
provisions Of law, any allegiance TO The govern
ncnt docrd amongst BY any regular course OF pro-
ccedng What degree OF alarm would II moi give 10 this
vastly class Of men, actively living among us as
citizens u tho United States learn that by removing 10
this country they had not transferred their allegiance from
the government Of which they were originally suJecs!-
And the other hand what would he the condition OF tins
country and lis government If the soreregns o! Europe
FROM whose dnmincns they have emgracd were supposed
have tight u;erposc 10 protect their ctZenS against
penalties justly incurred in consequence OF the violation vi
laws Of the United States.
iii sufficiently appear tia, the intention OF removing
vas make permanent settlement or settlement or an
Indefinite time, rhe right OF domci is acquired by residence
even uG few days"
DR. Hos:.r .lcn .Ges shcw that M Thrasher took
out letters Of doncllaipn and allegiance and lcaty
to Inc Spanish Crown. But if lie had taken oath OF al
coancF vet liz ronlt been subject TO The laws OF the
country ard could be punished for treason ar other crimes
n naive born subject, unless liz was projected ny some
treaty. Our citizens who 20 10 foreign countries, mink
they nave a right OF a! by jury; hl it must be remember
I'd il is their own choice reside there and The? must abide
5y the laws Under whc! hey live Spanish subject IN
America nigh; well complain that he Ii tried by jury as
IN American in Cura. ne is tried by jury.
Mr. Webster ;en examined the Spanish treaty Of l9o
The seventh! article allows The employment o such adyo
Gates American citizens they think proper anu Tree
herring in proceedings but that IS supposed only 10 put
American citizens equality with Spanish cz:'is
Hlr. Webster here cAatancd the treaty OF l9o NEGOTIATED
by lhonis pnGknSId dian Spanish su"Joc'S, @ a f
has been worse ,v.n il would have oeeh lar cae Il"
vas an American .uIent. But there l. no proc"
ID ala department that he has been treated differently; on
contrary he has been tried b. the cousas Span
S subject would be- and has been punished by the same
thcy would have been. All these things Nh Web
scr shows at length such data lie has, though they
may been othcrwiscyet the Department has no proof
Of il.
The document referred to the Committee on Foreign
Affairs with directions moved by Mr.. Bro0ks-tn examine
into the laws Of onr in the Island Of CUBA and 10 sec II
they are not proper for negotiation and treaty with
SPUN.