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

an agent than for one who applies directly to the
government.
tain this document avail themselves Of these agents,
without informing themselves Of the steps taken
Of the obligations which the act involves. The GO
vernment also, considering the matter a mere form,
takes measures to establish the identity of the
party, nor the authenticity of the signature, nor
gives to the act that solemnity which 80 important
matter rs n 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 domicilation has become little
more nor less than concession of fees. over and
above those OF the government, to certain Industrial
agents hangers on about the palace.
The letter cf domiciliation is limited in its dura-
ton to five years, on the expiration OF which, the
party is therein supposed to be under the obligation
to leave the country or to take out letters OF nau-
mlizaton, which shall perfect his allegiance to the
crown of Spain Within two years of its date the
party is stated to be obligated to prove his adhesion
to the Roman Catholic faith.
The fuflment Of neither Of these obligations has
ever been demanded by the government. Many
persons now temporarily residing in Cuba under
their original letter of domiciliaton, taken out
twenty, and even thirty years since, who consider
themselves rs fully and to all intents and purposes,
~ truly Americans or Englishmen, and rs good
Professionals as when they first left their own 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
Of Spain, they never can be sufficient to make
criminal reasonable what in strict fact is neither
treason nor crime =
Perhaps in the native born Spsniard you may, if
you choose deem it reasonable TO make eompari-
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 crime TO make these comparisons-ifit is
crime to desire amehoration, but without desire to
excite disturbances ii is evident that in those whs
are not Spanish subjects, who have not completed
the act of naturalization, who have not compacted
with tho government to applaud and venerate Span.
ish institutions, however vicious they may be, such
comparisons and such aspirations canaot be crm-
nal, cannot be adjudgcd treason.
The argument that am going too far, in claim
ing for foreigners privileges which you deny TO your
own subjects, is not tenabe. IL has always been
characteristic of weak and tyrannical governments
TO entertain higher and 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 Excellency 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 domiciliation in Cuba has not made
me, nor any American, Spanish subject; and that
military commission u Rot, under ang cigcRW,