Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-01-03
To hs Most Excellent President, Governor, and
CAPTAIN General

To hs Aost Excellent President Governor, and
Captain General
MosT ESTEEMED SIR The Fiscals beg to state: His
lordshp the President, with view Of avoiding any diff
cultes in the mode of proceeding wishes know the
opinion of this Royal Court of Jucaure in regard the
true meaning of the eth article of the Treaty of Friendship
between her Majesty and the Republic the United States
signed at San Lorenzo ct Real the 9th of October
1895 and especially if in of any proceedings being
instituted for the crime of treason against any native of
the United States who may be domiciled resident of
this Island whether that article could give occasion for
preext the part Of any person to change the natural
order Of things in the established forms of the permanent
executive military commission of this place which the
competent tribunal Of the country for taking cognzance
Of such crimes The scas very easily satisfy on
their part the wishes of the President first making few
remarks in regard to the class of foreigners who may
general, reside amongst the present time And if
the sca have refer the actual state of things is
because, in former times foreigners were allowed
cess TO the Indies while at the present day. since the in
PRODUCTION of immunes in trade, and the admission of
all kinds Of people, the subjects of other nations cons
ute already very considerable portion Of society
The latter may be divided into three classes be simply
designated as transient, domicled natudiized The
first mentioned preserve ties with the country whence
they came but in the Peninsula they enjoy certain alien
privileges because this suited to the relations Of the
mother country with the nations to which they belonged
In the Indies there such alien privileges because
they derived from treaties which had not been ex-
tended to these colonies and that account here they
subject to the laws of the country and liable to be
tried before the local tribunals by their respective Judges
And il is here alone that these regulations are in
force for it may well be said that it principle of the
law Of nations that foreigner Of this class ought
to be punished where he commits crime and to be for
may tried before he receives that punishment If all
communities did possess this right they would be in
want Of great conservative element inasmuch rs they
might be warred against by foreigners without having
any means Of defence within themselves. If foreigner
Of the class called transient commits the crime Of treason
in these regions, he avoid being amenabe to the
In nkp md
which do exercise jurisdiction this species of crimes
The other class Of foreigners is that which is denom
mated dicied; and these in order to become entitled
such character obliged TO declare their intention
Of establishing themselves in the Island TO profess the
Roman religion, and then the name Of the individual,
That OF ms country, his family and profession, for
may registered before the letter Of domcile IL issued
10 NM nc must take the oath Of allegiance and sUbission,
promising 70 obey tie ,cs and ordinances 10 whic all SPA
ntdd are dend according to the provisions of the 4th
article Of the royal decree Of October 81 1877 relative
the increase Of the white population is this Island Do
nlced foreigners therefore, subject TO the laws and
ordinances and with regard TO the class styled natural
zed foreigners the scals have little or nothing say
because the latter have broken asunder all the ties which
bound them to the land their birth and are looked
upon and considered spaniars in the full legal
aton Of that term This classification being established
it will be easy to solve the question which has been
proposed by the President seeing that the eth article
the treaty alluded 20 respects those conservative principles
which have already been pointed out and can fully euc-
date the in any doubt should exist in regard 10
them the article says That in all cases az seiznre de-
tenton arrest for debts contracted or offences com
mttcd by any citizen subject Of the
parties within the jurisdiction Of the other the Same al
be prosecuted by order and authority Of law ony and
according to the regular Of proceedings usual in
such case BY the very language this treaty accord
ing the article ITSELF and in the opinion Of the fscas
foreigners amenabe to the competent tribunals with
there being any occasion for changing the regular
Of proceedings for infringing upon any Of our
forms The article allows also citizens and subjects Of