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

of any presumption in Mr. Thrashers case is entirely re-
moved it, in fact he actually took out letters of domc
ation in order to enable him to transact business such
Spanish subject, domciliated freeman alone
transact and actually allegiance to the Spanish
Crown. For the purpose of showing the mode by which
foreigners domcied in the Island of Cuba and the du
ties thereby imposed upon them and also by what
they obtain the ultimate right of naturalization have
thought it worth while to quote at length translation Of
the Royal Decree Of January l7th 1915, and also the
Royal Colonization Decree of October Il, 1917 1t is
dersood that change has been made the requirements
of the Spanish law of domc and naturalization since that
| period.
AN foreigners belonging to and countries that
friendly me, who may wish to establish themselves who
already be established in the Island Cuba
duce suitable evidence before the Government Of said Island
that they profess the Roman Catholic religion and without
indispensable qualification they will not be allowed become
domced there but my vassa in these dominon and those
inhabitng the Indies need be compelled certify this
effect nasmuc as in regard to them, there be doubt
upon this point
Those foreigners who shall be admitted confomably to the
Of the foregoing article shall take the oath of allie
glance and vassaage before the Governor by which they shall
promise to obey the general laws and ordinances of the Indies
| TO which all Spanards amenabls.
At the expiration of the first five of residence in the
Island the part of foreign coons and their
ing then the obligation TO remain there perpeuay they shall
be allowed all the rights and privileges of naturalization,
equally with such children they may have brought with
them who may have been born them in the aforesaid
Island, in order that the may consequently be allowed
hold honorable Offices both civil military according to the
talents of each individual"
The decree that may reside
in Cuba for the period of three months without letters
OF domicil," but that his remaining there without
such letters beyond the time specified, he becomes gull
ty of dsobedence to the laws and amenabe to such lust
punishment as, after close examination of the cause
may be imposed on him.
Upon the same subject, and in confederation of the
above the royal colonization decree of October 81 1877
says That letters of domc shall be issued to any
reign coonis who processes the Roman Catholic religion
and takes the oath of allegiance by means of which,
during five years of residence it shall be optional with
10 IL
self before the superior magistrate at the expiration of
those five years. for the purpose of obtaining his natural
ization papers, which will be granted to him without
great formality in order that being thus naurazed,
he may enjoy all the rights and privileges appertainng
to Spanards, well his and legitimate descend
sants."
On the 9th of March, 1S1S the Governor General in
view of the royal decree of October 81
1877 issued the following Bando Real in which it is pro-
vded that the absence of the requisite qualifications
In regard to the profession Of Catholic faith the fact
shall be noted down in the letters of domici which will
then be issued probation for the term of two years
If at the expiration of those years the applicant can
not produce satisfactory evidence of his protesting
sacred religion the letter of domici shall be taken away
from him, and he will then be considered in the light of
merely transient foreigner, and, such, be compelled
to leave this island at the expiration of three months in
pursuance of the 18th article of the royal decree
But, independently OF residence with intention to
tnue such residence Independently of any domication
independently of the taking of any oath of allegiance or
of renouncing any formal allegiance it is well known that
by the public law sen stranger born for so long
time he continues within the dominions of foreign
Government obedience the laws Of that Govern
men and may be punished for treason or other crimes
as native born subject might be, unless his is
ried by treaty spuations; but this duty of ODE
dience to the laws, arising from local and temporary
allegiance the moment he transfers himself back
to his original country.
An American citizen, by BIRTH owing of course native
allegiance to the United States going abroad and obtain
ing residence under foreign Government and pro-
who's
yet commit acts of hostility against this country
would to bring himself within the act of Congress
which declares that any person persons owing allie
glance to the United States of America shall levy
against them or shall adhere to their enemies giving
them aid and comfort within the United States else
where he they shall be adudged guilty Of treason.
And the reason is plain, since his allegiance in such
case Is original and native and has not been transferred
lost in any other local allegiance arising from resi-
dence elsewhere but continues to be the primitive tie
which binds him to his country.
But, as has been already said, every foreigner-born
residing in country, to that country allegiance and
obedience to its laws long he remains in it. duty
him by the fact his residence and the
temporary protection which he enjoys and is as much
bound to obey its laws native subjects citizens This
is the universal understanding in all civilized States and
nowhere established doctrine than in this country
Mr. Jefferson when Secretary of State in his letter
Gouveneur Norris Of the 10th of August 1793 speaking
of the right of private citizens to make with country
with which the Government of the United States is at
peace, says:
" If one citizen has right go to Of his auhor
y every citizen has the If every citizen has that right
then the nation (which composed of all its czns has
right TO go by the authority Of it's individual citizens
But this is not true either the general principles society
by Constitution which gives that power Congress
alone, and not to the citizens individually Then the first
ston not true and citizen has right Of
his authority and for what he does without right he
ought to be punished Indeed nothing be obviously
absurd than that all the citizens may be yet
the nation at peace
1t has been pretended indeed that the engagement of
citizen in enterprise of this nature Investment Of the
character of citizen and transfer Of jurisdiction him to
another sovereign Our citizens certainly free to dves
themselves of that character by emigration and other
manifesng their intention and may then the subjects
another Power and free to do whatever the subjects
Power may do But the laws do admit that the bare
mission of crime amounts Of itself dvestment Of the
character Of CITIZEN and withdraws the criminal from their
coercion. They would prescribe illegal among
the legal modes by which citizen might disfrrnchise HIMSELF
render treason, for instance innocent by giving
force of dissolution of the obligation Of the criminal his
country"
This is in accordance with the opinion Of the Circuit
Court Of the United States for Pennsylvania by which il
was stated in 1893, that If citizen of the United
States may take part in the present war; ten thousand
may If they may take part on one side they may take
part the other; and thus thousands of our fellow
citizens may associate themselves with different bellige
rent Powers, destroying not only those with whom
have no hostility, but destroying each other. In such
case can we expect peace among their friends whs stay
behind? And will not civil war; with all its lamenta-
bic train of evils, be the natural effect?"
Our citizens who resort to countries where the trial by
jury is not known and who may there be charged with
crime, frequently imagine when the laws of those
tries administered in the forms customary therein that
they deprived of rights to which they entitled
and therefore may expect the interference of their own
Government, 10 in all auc