The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-18

without informing themselves Of the steps taken nor
Of the obligations which the act involves. The GO
vcrnment also, considering the matter form,
takes measures to establish the identity of the
PARTY, nor the authenticity of the signature. nor
gives to the act that soemnity which so important
matter rs change Of allegiance, submitting to
new and unknown laws, and perhaps an abandon
ment OF religious faith would seem to render proper
Under these circumstances, the law obligatory to
take out letter Of domicilaton has become little
more nor less than concession of fees, over and
above those Of the government to certain industrial
agents, hangers about the palace
The letter cf domiciliaton is limited in its dura-
tion to five years, the expiration Of which, the
party is therein supposed to be under the obligation
to leave the country to take out letters Of natu
razation, which shall perfect his allegiance to the
crown of Spain. Within two years of its date the
party stated to be obligated to prove his adhesion
to the Roman Catholic faith
The fulflment Of neither Of these obligations has
ever been demanded by the government. Many
persons temporarily residing in Cuba under
their original letter of domcilintion, taken out
twenty, and even thirty years since, who consider
themselves fully, and to all intents and purposes,
as truly Americans Engishmen, and Us good
Protestants, when they first left their land.
Above all it is necessary to note, however great
may be the consequences your Excellency may wish
To deduce from the position that by taking out let
tiers of domicaion, parties incur allegiance to the
crown of Span they be sufficient to make
criminal reasonable, what in strict fact is neither
treason nor crime
you choose, deem it reasonable to make COMPARE
sons between his own government and those of
other nations-between the happiness Of the people
of other countries and Of his own. But even If it
is a crime TO make these comparisons-ifi it is o
crime to desire amehoration, but without desire TO
excite disturbances, il is evident that in those whs
are not Spanish subjects, who have not completed
the act of naturalization, who have not compacted
with the government to applaud and venerate Span.
ish institutions however vicious they may be, such
comparisons and such aspirations cannot be crimi-
nal cannot be adjudged treason
The argument that am going too far, in claim
ing for foreigners privileges which you deny TO your
own subjects, is not tenable. II has always been
characteristic of weak and tyranncal governments
10 entertain higher and more scrupulous regard for
the rights of foreign subjects than for those of their
own and both the spirit Of the law, and the prac-
tice Of the tribunals of Spain, demonstrate this
Finally, the Court Of Spain, in my own case, has
never for a moment taken the ground assumed by
your Excelcncy and the military tribunal which
condemned nae, unheard, to the galleys From the
first moment that the matter was brought to ITS
notice, it recognized me as an American citizen
trust that to any candid and unprojudioed mind,
the arguments have Produced, and the reflections
have set forth, will be sufficient to demonstrate
| that letter of domiciation in Cuba has not made
me, nor any American, Spanish subject; and that
military commission IL not, under any cigcVw,