The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-12-20

our reporter was to obtain copies on Wednes-
day. from the Republic of yesterday. The first
is an apology for the Thrasher affair; the second
relates to the prometheus.
THE CASE OF JOHN 8. THRAsHER.
The CHAIR laid before the Senate message
from the President of the United States, in reply
to resolution of the Senate calling for all in
formation in the possession Of the Executive re-
Iating to the arrest and Imprisonment of Mr..
John s. Thrasher The correspondence COM
muuicated is very vouminous and ihe following
despatch is selected .,.
No. so.
Mr.. Webster 10 Mr.. Barrnger
DEPARTMENT OF STATE,
WASHINGTON, December l3, 1851.
TO Daniel H. Berringer, ENJOY, dc, Madrid:
SIR: The object of this despatch is to call
your attention particularly to the case of John,
$. Thra-her, a native born citizen of the United
States, but for some years past resident in lja-
vana, and there lately tried for high treason or
conspiracy, and sentenced to eight years confine-
ment at hard labor, and sent to Spain in eNecu.
ton of that sentence. He has respectable friends
and connexions in the United States, who feel
much interested for hin-who have pressed his
case upon the consideration of this department,
earnestly invoking the interpostion of the gov
eminent in his behalf. 1t is much to be regret
ted that Mr.. Thrasher has made no communca-
ton whatever to this department, respecting the
circumstances OF his case, so as TO enable US to
see what are the precise grounds of his com
plant We have used all the means in our
power to learn the particulars, as you viii per-
ceive by copies of two letters addressed by this
department to the American consul nj Havana:
TO these letters We have received rs yet no
answer.
A despatch on this subject was prepared for
you some days ago, but, before it was delivered
TO the messenger, a communication was received
from Mr., Cslderon, her majesty's p!cnipotentiary
here, communicating copy Of letter Of the
governor. general of Cuba to him, and also an
opinion of the Court r eal Audiencia pictorial
(royal court of judicature) upon the construc.
ton of the seventh article of the treaty between
the United States and Spain. The translation
Of these documents has necessarily caused some
delay. You will perceive that the Spanish
thorlties Of the island represent that Mr. Thrash.
er had been long resident in la9ana ; had be
come domiccd there, and had taken the oath Of
allegiance to the Spanish crown; and therefore,
as they suppose, was answerable to the ordinary
tribunals of the country for any criminal act
committed By him. This causes il to be the
more regretted that he has made no communca.
ton to the government Of bis own case, as he
understood it. lie has, il deed, addressed gen
cral letter Of remonstrance, through, the press,
to the government and people of the United
Statas, and this is all we hear from him person.
ally. Nevertheless his cause has been thought
deserving Of attention, and there is DISPOSE.
ton in the government to do all which may be
proper in bis behalf. If the official account of
the Spanish authorities be correct, Mr.. Thrasher
appears to have eIpdtriated himself, and to have
become, at least for the time, j subject Of the
crown of Spain. lie mad chosen new govern.
ment and new home. and, so long as he chose
TO remain under the authority and pre- lection of
that government he would seem to have little
/ right to set up against it any immunity founded
! on his original and native character as citizen
Of the United States.
! There is no doubt that any one who chooses
to reside in y country is bound to conform TO its
/ laws, ard is amcnable TO its tribunals for their
violation; the more especially il he has prom
sed subsection and obedience 10 those laws,
and taken an oath of allegiance TO the sovereign
poger. Mr. Tnrasher's friends insist neverthe.
l. that on his trial, he was deprived Of certain
ur''ieges secured 10 the citizens Of the United
p. ss., T.. .ac seventh article Of our treaty with
Sp. Of .-1s. Har ii ~"y be doubtful whether,
afler havno sa ru aiog nee to the Spanish
coy .rHmai. p, a ,,n ,er claim the priv.
.'rr 4ad a .. .ug. o.. an American citizen.
H. r.. .rra Ss.ls, as vou know, the oath Of
. l... a.. .- 1le c4usuIr nation Of the proceed
3 l.E- Nv nG.rI @ '.u.g O born becomes citi'
zen q. . .1uu'rp. renounces all allegiance
TO any foreign goserL ut IL may be doubtful,
! also, whether, ii he were TO be REGARDED in all
respects as an American citizen, the provisions
| Of the seventh article Of the treaty Of 1895 bsve
been violated in his case. Probably, under ex.
isting circumstances, the most useful course for
the government Of the United States TO pursue
in his behalf, and in order TO obtain his reease,
is 10 make the same application for him which
has been made in favor OF the persons connected
with the expedition Of Lopez, who have, in like
manner, been sent TO Spain. His case, how.
ever, is certainly less fragrant than theirs They
were violent invaders, proceeding TO Cuba with
arms in their hands 10 make war upon the
Spanish government and people. lie, at most
could only be guilty OF some connyance or Sc
crct cOuDtenauce Of these unlawful proceedings;
and, as bis friends represent the matter bis con.
duct was principally stigated, not 80 much b.
sympathy with the invaders in their general
objects, ss bya desire TO minister TO their neces.
-ites You will perceive, therefore. that this
case is one more fl for enicnt consideration
/ than that OF those with whom the project oil
invasion originated, and who were made prison
era in attempting its forcibe execution. You
will present this point a. fully as may be. to the
I consideration Of the Queens government and
urge i with earnestness.
! repeat, with still more strengtht ned con.
yiction, the sentiment which | expressed in nv
/ despatch No. 49, that the restoration Of perfect
harmony and solid and durable peace between
| the two countries will be aided and promoted By
! the release Of all these miserable men from fur
/ Their imprisonment.
! With a view 10 is safety and despatch, thi.
/ instruction is sent TO you b. special bearer.
| DANIEL WEBSTER.
The message and the accompanying docu
! ments were referred to the Committee on For
eign Relations and ordered TO be printed.
Tue AFFAIR or TBE PRoaETHEUs.
The CHAIR laid before the Senate the fol
lowing message from thh President Of the Uni
ted States: