The republic., 1851-12-18
mo. bO.l
Mr.. Webster TO Mr.. Barringer.


very vouminous, and the following despatch is Sc
lected
mo. SOL
Mr. Webster to Mr.. Bnringer.
DEPARTMENT. OF STATE,
WAsHNeToN, December l3, 1851.
TO Daniel NJ. Barring9, ENJOY, &C., Madrid
Sir: The object of this despatch is to call your
attention particularly to the case of John s.
Thrasher, native born citizen of the United
States, but for some years past resident in Ha-
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 execution
OF that sentence. He has respectable friends and
connexions in the United States, who feel much in
terest for him-who have pressed his upon the
consideration OF this Department. earnestly invok-
ing the interpostion of the Government in his be-
half II Is much TO be regretted that MIR. Thrasher
has made no communication whatever to this De-
partment respecting the circumstances of his case
30 as to enable us TO what are the precise
grounds of his complaint. We have used all the
means in our power to learn the particulars, as
you will perceive by copies OF two letters addressed
by this Department to the American consul at Ha-
vana. To these letters we have received as yet no
answer. despatch this subject was prepared
for you some days ago. but, before it was delivered
to the messenger, communication received
from MIR. Calderon, her majesty's plenpotentiary
here, communicating copy OF a letter Of the Gov
ernor General of Cuba to him, and also an opinion
Of the Court Real Audiencia Pictorial (Royal Court
Of yudcature) upon the construction of the seventh
article OF the treaty between the United States and
Spain. The transla ton of these documents has
necessarily caused some delay. You will perceive
that the Spanish authorities of the island represent
that MIR. Thrasher had been long resident in
Havana; had become domiciled 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 Grim
inal act committed by him. This causes II to be
the more regretted that he has made no communi-
cation to the Government of his own case. as he
understood it. He has, indeed, addressed gen
relnOnStraQCe. ne In
the Government and people of the United States
and this is all we hear from him personally New
ertheless, his cause has been thought deserving of
attention, and there Is disposition in the Govern
ment to do all which may be proper in his behalf
II the official account of the Spanish authorities be
correct, Mr.. Thrasher appears to have erpatriated
himself, and to have become, at least for the time
a subject OF the crown of Spain. He had
chosen a new government and q new home
and, so long as he chose to remain under the
authority aud protection 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 a citizen of the United
States. There is doubt that any one who
chooses to reside in a country is bound to conform
10 it's laws, and is amenable to its tribunals for
their violation the especially if be has
promised subsection and obedience to those laws,
and taken oath of allegiance to the sovereign
power. Mr.. Thrasher's friends insist, neverths-
less, that, on his trial, he deprived of certain
privileges secured to citizens of the United States
by the seventh article of our treaty with Spain of
1895. But it may be doubtful whether, after hav-
ing sworn allegiance to the Spanish government,
he can longer claim the privileges and immunities
OF an American citizen. In the United States, as
you know, the oath of allegiance ia the consumma-
ton OF the proceedings by which foreigner born
becomes a citizen of this country, and renoupces
all allegiance TO any foreign government 1t may
be doubtful, ALSO whether, If be were to DO re-
garded in all respects as American citi-
zen, the provisions OF the seventh article Of
the treaty of 1875 have been violated in hs
PrObaDl under Dnnst
the most useful course for the Government of |
the United States 10 pursue in his behalf, and
in order to obtain his release, is to make the
application or 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, however, is certainly less fla |
grant than THERE. They were violent invaders, |
proceeding to Cuba with arms in their hands to |
make war upon the Spanish government and
people. lie, at most, could only be guilty of |
come conniYanco or secret countenance of these |
unlawful proceedings; and, as his friends repre- |
sent the matter, bis conduct principally insti-
gated, not so much by sympathy with the invad- |
ers In their general objects, by desire to min
ister to their necessities. You will perceive, there
fore, that his is fit for q enient con-
sidcration than that OF those with whom the pro- |
ject of invasion originated, and who were made |
prisoners in attempting its forcible execution You
will present this point as fully may be to the
consideration Of the Queens government, and |
urge it with earnestncss.
repeat, with still more strengthened convic- |
ton, the sentiment which expressed in my de- |
spatch No. 49, that the restoration of perfect har
nony and solid and durable peace between the two
countries will be aided and promoted by she re- |
lease of all these miserable men from further i'm.
prisonment
With view to its safety and despatch, this in
struction is sent to you by special bearer
DANIEL WEBSTER.
The message and the accompanying documents
were referred TO the Committee on Foreign Rea-
tions and ordered to be printed.
THE AFFAIR OF THE PRoMETKEVs,
The CHAIR laid before the Senate the following |
message from the President of the United States
TO the Senate Of the United States:
have received resolution of the Senate adopt. |
cd ON the 18th instant, in the following terms
''ResoiUed, That the President of the United |
States be requested to communicate TO the Senate |
Il not inconsistent with the public interest any in
formation the Executive may have received re-
spectng the firing into and seizure of the Ameri-
can steamship Promctheus by a British vessel of
war, IN November last, near Grey Town, on the
Mosquito coast and also what measures have been
taken by the Executive TO ascertain the state of the
TACT, and to vindicate the honor of the country"
In answer 10 this request, submit herewith the
accompanying extracts from communication ad-