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

day of October thousand eight hundred and
True copy. ANTONIO MARIA DEL RIO.
LETTER FROM MR.. WEBSTER RELATING TO THE
LAW OF DOAIICIL, sc.
DEPARTMENT OF STATE,
WASHINGTON DECEMBER 90, 1851
To THE PRESIDENT:
The Secretary of State, to whom has been referred
resolution of the House of Representatives of the 18th
sant in the following words Resolued That the Pres-
dent of the United States be requested far as in his
judgment may be compatible with the public interest to
communicate to this House any information in possess
sion of the Executive respecting the imprisonment trial.
and sentence Of John S. Thrasher in the Island of Cuba
and his right to claim the protection of the Govern
ment nativeborn citizen of the United States " has
the honor report the President that all the official
information in possession Of this Department respecting
the imprisonment trial, and sentence of Mr.. John S.
Thrasher is contained in the dispatches of Allen F. Owen
Esquire late United States Consul at Havana together
with correspondence between him and the Governor
General of the Island of Cuba and in letter addressed
by the GovernorGeneral to Don Caderon de la Barca
her Catholic Majesy's Minister in the United States
copies Of all of which are herewith transmitted.
There is doubt that John S. Thrasher is citizen of
the United States by BIRTH there any doubt that he
has resided in the Island of Cuba for considerable num-
Der of years. engaged in business transactions sometimes
as merchant and sometimes the conductor of news
paper press although the precise period and duration Of
such residence known On this point the Depart
ment has sought in vain for exact information. Mr.
Thrasher himself has made communication to this De-
partmen although he has through the press addressed
general letter of to the Government and
People of the United States.
In the letter from the Governor of Cuba her Catholic
Maestys Minister in the United States, already mention
ed it is stated that he has been not only resident in Ha
hlp hut nh,,a
lar proceedings and that he has, in solemn FORM sworn
allegiance to the Spanish Crown. There is evidence
in the possession of the Government show what was his
purpose with regard TO returning to his native country at
any fixed definite time Other members of his family
understood TO be- like himself residents in Cuba his
father having gone to that Island some years ago
These all the known general facts respecting the
nature of his residence in Havana which have come to
the knowledge of this Department
1t appears that after the failure and breaking up
of the late expedition Of Narcisso Lopez in the invasion of
Cuba by him and the troops under his command Mr.
Thrasher arrested and tried high treason or con-
spacy against the Crown of SPAIN condemned eight
years Imprisonment to hard labor and sent Spain in
execution of that sentence There is evidence in the
Department to show what the particular trea
son conspiracy alleged, proved against him. We
have only the general statement although pains have been
taken to ascertain particulars.
The first general question then, is to his right to
exemption from Spanish law and Spanish authority,
the ground Of his being natvebo citizen of the United
States.
The general rule of the public law is that every person
Of full age has right to change his domicil and it fol-
lows that when he removes TO another place, with in
tenon to make that place his residence his
residence an indefinite period it becomes instantly his
place of domc; and this is So Notwithstanding he may
entertain floating intention of returning to his original
residence or citizenship at some future period The Su
preme Court Of the United States has decided that
person who removes TO foreign country, settles him
self there, and engages in the trade of the country
furnishes by these acts such evidences of intention
permanently to reside in that country to stamp him
with its national character - and this undoubtedly is in
full accordance with the sentiments Of the eminent
writer's, well with those of high judicial tribunals
the subject No Government has carried this general pre-
sumption further than that Of the United States since it
is well known that hundreds of thousands of persons
living in this country who have been nauraized
according TO the provisions of law any allegiance
to this Government, been domiced amongst us by
any regular Of proceedings What degree Of alarm
would it not give to this vastly numerous class Of men,
actually living amongst inhabitants of the United
States, to learn that by removing to this country, they
had not transferred their allegiance from the Governments
OF which they were originally subjects to this Government
And the other hand, what would be the condition Of
this country and its Government if the Soveregns Of
Europe from whose domnionS they have emgrated
supposed to have still right interpose protect such
inhabitants against the penalties which might be Justly
incurred by them in consequence Of their violation of the
laws of the United States? In questions this subject
the chief point TO be considered is the anm aoRead or
intention Of continued residence and this must be decid-
|
dence If sufficiently appear that the intention Of re-
moving was to make permanent settlement settle
men for an indefinite time the right Of domci is acqur-
ed by a residence even Of few days.
1t is undoubtedly true that American citizen who
goes into foreign country, although he owes local and
temporary allegiance to that country is yet If he per-
forms no other act changing his condition. entitled to the
protection of his Government; and it, without the
violation Of any municipal law he should be treated
justly he would have right to claim that protection and
the nterposton of the American Government in his favor
would be considered justifable interpostion. But
his situation is completely changed when by his act
he has made himself the subject of foreign Power. And
person found residing in foreign country is presumed
to be there amino manea with the purpose of remain
ing and to relieve himself Of the character which this
sumption fixes upon him, he must show that his residence
was only temporary and accompanied oil the while with
fixed and definite intention Of returning If in that
try he engages in trade and business he is considered by
the law of nations merchant of that country is
the presumption rebutted by the residence Of his wife and
family in the country from which he This is the
doctrine as laid down by the United States Courts And
il has been decided that Spanish merchant who
to the United States and continued to reside here and
carry trade after the breaking out Of between