The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-02


The following letter from the Secretary OF State.
amongst other papers relating 10 the case OF Mr..
ThTasher, was recently communicated TO the House OF
Representatives in message from the President;
DEPARTMENT or STATE,
II Washington. December 1851.
The Secretary OF State, TO whom has been referred a
resolution Of the House OF Representatives, Of the 18th
instant ia the following words ResOivSd That the
President OF the United States be requested, far
his Judgment may be compatible with The public interest
to communicate TO this House any information in pos
trial, and OF John Thasher 10 the island OF
Cuba, and his right 10 claim the protection oil the gov
eminent a. nauve-born ctzen OF the United States
has the honor 10 report 10 The President that all the official
information IN possession OF this department respecting
the Imprisonment, trial. and sentence OF hr John S,
Thrasher, is contained in the dispatches OF Allen +
Owen esq late United States consul al Havana together
with correspondence between him and the governor
general OF the island OF Cuba and in letter addressed by
the Governor General TO Don A. Calderon de Ia Barca.
her Catholic blsestys minister in the United States,
copies OF all OF which herewith transmitted
There IS no doubt that John 5. Thrasher IS citizen OF
the United States by birth nor is there any doubt that he
has resided in the island of Cuba for considerable
number OF years, engaged in business transactions
sometimes as merchant and sometimes as the conductor
OF newspaper press-ahough the precise period and
duration OF such residence not known On this point
the department has sought in vain for exact information
Mr. Thrasher himself has made communication 10
This department. although he has through the press, ad
dressed general letter OF remonsrance to the govern
men and people OF the United States
In The letter from The governor Of Cuba to her Catholic
Maestys minister in the United States, already mention
ed. II IS stated that he has been only resident in
Havana Tor considerable time, but doniciled there by
regular proceedings, and that he has, in solemn form
sworn allegiance TO the Spanish Crown There is no
evidence in the possession OF the TO show
what was his purpose with regard TO returning his
native country al any fixed definite time Other
bers of his family understood to be- like himself
den in Cuba, his father having gone to that island
years ago.
These are all the known general facts respecting the
nature Of his residence Havana which have to the
knowledge of this department
II appears that after the failure and breaking up
of the late expedition OF Narcso Lopez in The invasion
of Cuba by him and the troops under his command, Mr.
Thrasher arrested and tried for high treason or
spracy against the Crown of Spain, condemned TO eight
years Imprisonment 10 hard labor and sent TO Spain in
execution of that sentence There is evidence in the
department TO show what were the particular acts OF
treason conspiracy alleged or proved against him. We
have only the general statement, although pains have
been taken 10 ascertain particulars.
law and Spanish authority on
the ground OF his being natve-born citizen OF the Un
ted States.
The general rule OF the public law is that every per-
son OF full age has right TO change his domcil and IL
follows that, when he removes TO another place, with
intention to make that place his residence
his place of domic; and this is SO. notwithstanding he
may entertain floating intention of returning TO his
original residence citizenship at some future period
The Supreme Court OF The United States has decided
that person who removes TO foreign country settles
himself there, and engages in the trade OF the country
furnishes by those acts such evidences OF intention
permanently reside in that country stamp him
with its national character and this undoubtedly is in
full accordance with the sentiments Of the most eminent
writer's well with those OF high Judicial tribunals
the subject No government has carried this general
presumption further than that OF the United States, since
is well known that hundreds OF thousands OF persons
are now living in this country who have not been natu-
rallied according to the provisions OF the law, sworn
any allegiance 10 this government, been domicled
Of a % o.
class OF men, actually living amongst us inhabitants
OF the United States TO learn that by removing to this
ptry ad trans
the governments of.which they originally subjects
TO this government And on the other hand. what would
be the condition OF this country and its government il the
soveregns OF Europe, from whose domnions they have
emgrated supposed TO have still right to inter-
pose TO protect such inhabitants against The penalties
which might be justly incurred by them IN consequence
Of their violation of the laws OF the United Staesi ln
questions this subject, the chie point 10 be considered
Is The animu, manendi or intention Of continued resi-
the general principles OF evidence Ii il sufficiently APP
pear that the intention OF removing 10 make perma-
nen settlement, settlement for indefinite time the
right OF domci is acquired by residence even OF few
| days
| Ii is undoubtedly true that an American citizen who
goes into foreign country although he local and
temporary allegiance that country, is yet if he per-
forms other act changing his condition. entitled TO the
protection OF his own government and ", without the
violation OF any municipal law. he should be treated
Justly, he would have right TO claim that protection
and The nierposilon OF the American government in his
favor would be considered as unsuitable lnterposton
But his situation is completely changed when by his
own act he has made himself the subject OF foreign
power And person found residing in foreign country
is presumed 10 be there manendi with the pur.
pose OF remaining and relieve himself OF the charac
ter which this presumption fixes upon him, he must
show that his residence only temporary and accom-
panied all the while with fixed and definite intention OF
returning II in that country he engages in trade and
business, be is considered by the law OF nations
merchant Of that country nor the presumption rebuled
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 Spain and Great Britain
TO be considered American merchant, although the
trade could be lawfully carried by Spanish subject
only But the necessity OF any presumption in Mr.
Thrashef's is entirely removed If fact he actu
ally took out letters OF domciation in order 10 enable
him to transact business such Spanish subject, or
domicated freema can alone transact and actually
allegiance the Spanish For the purpose
of showing the mode by which foreigners domcied
in the island OF Cuba and the duties thereby imposed
mate right OF naturalization, have thought worth
while TO quote at length translation Of The royal decree
OF January IL 1918, and also the royal colonization de-
OF October 81 1877 IL is understood that change
has been made the requirements oil the Spanish law oil
domic and naturalization since that period
"A foreigners belonging TO powers and countries that
are friendly 10 me, who may wish establish them
selves who may already be established in the island
of Cuba, produce suitable evidence before the gov
eminent OF said island that they profess the Roman Caiho
lie religion, and without this indispensable qualification
they will not be allowed TO become domicled there but
my vassals in these domnons, and those inhabtng the
Indies, need not be compelled TO certify TO this effect IN
asmuch in regard 10 them there can be no doubt upon