Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-01-03

could have contemplated any more than to place citizens
Of the United States within Spanish jurisdiction on al
equality with Spanish subjects and Spanish subjects il
the United States on equality with own citizens
criminal proceedings citizen of Spain in this counr,
might complain perhaps of trial by jury here because
the supposed paraties and preudices of uries While
American IN Spain complains OF condemnation, in
mary form, by judges, without the intervention of Jury
ascertain his guilt The question arising on the latter
clause Of this 9TH article of the treaty with Spain may
not be entirely clear free of difficulty especially when
II known that the minister who negotiated this treaty
on the part OF the United States appears have attach
ed considerable Importance to this right of selecting and
employing counsel Mr. Thomas Pnckney the American
negoaor says IN letter the subject of the treaty
that the hrst part OF TINS TN article was taken from the
10th article OF our treaty with Prussia and that he added
the latter part because he considered it good stipulation
in all situations but particularly in Spain.
readily imagine why should have been stipulated
in the treaty that the trial Of American citizen Spain
should be open and public because we know that as late
the year 1895 there existed in Spain an ecclesiastical
jurisdiction having the power life and death whose
proceedings always secret Whether was intended
by the parties that this right of selecting counsel in the
case of the arrest the trial of American citizen
should extend further be broader than in the case of
Spanish subject prosecuted for similar offence may be
matter of doubt and controversy. The view which the
Spanish courts of the highest jurisdiction take OF it. may
be seen by the communication of the Royal Court of Judi
cature accompanying the letter of the Governor General
to Mr. Calderon But however all this may be, the gene
raj question still returns whether this right secured by
whatever ~ NC justly per-
at the time in all respects American citizens
having voluntarily changed their domicil taken
upon themselves new allegiance
In this view Of the case, it might therefore be asked
whether if Mr.. Thrasher had been native born subject
of Her Catholic Majesty, his trial and its result would
have been different from what they actually were.
If indeed Mr. Thrasher in his arrest and trial. did not
JOY the benefits which navebor Spanish subjects enjoy in
like cases but harshly treated severely
punished for the that he native citizen
of the United States it would be clear of the
ation of treaty obligations and would demand the inter-
position of the Government There exists in this Depart
ment no proof of any such extraordinary treatment of
Mr. Thrasher 1t may have taken place. In the absence
of all other information reference is made on that point
well as to all the rest of the case to the letter of the
Governor General of Cuba to Mr. Calderon her Catholic
Maestys Minister Plenipotentiary to this Government
For the further information of the House of Represent
atives also transmit herewith copy of the despatch of
the 18th Instant from this Department to the Minister of
the United States at Madrid and of dispatches the act
ing Consul at Havana of the 9TH and 18th
DAN'L WEBSTER.