The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15

little confidence, that you must resort TO the estab-
lshment Of military commission as the only secu-
rity Tor truth and justice in legal proceedings! If
such were really the case would il not be a better
course to change those laws, and appoint upright
judges!
On the second day Of February last, an infamous
attempt was made in this city, on the life Of your
Queen On the seventh ofthe same month the regi-
eide had expiated his crime the scatold There
was no subterfuge here. In the city OF Havana,
during your Excellency's administration of the
government Of Cuba, the case of young man from
Guatemala named Garcia, was carried to its fatal
termination with almost equal rapdty. There was
no delay there / might cite to your Excellency
other examples; but these, think, sufficient to
demonstrate that order and prompttude are not
entirely incompatible with the ordinary tribunals Of
Spain
These arguments I think will be sufficient to de-
monstrate TO your Excelency the illegality Of the
military tribunals which claimed jurisdiction over
me, and, through me, over all Americans resident in
Cuba, without going into consideration of the utter
violation of law and treaty, in deprvng me of legal
counsel-in denying me the process for examination
and consultation-and in refusing, both the part
Of the tribunal and Of my defender to admit legal
argument and advice will, therefore, pass to the
next point mt issue.
In 1917 the law of domication was promulgated
in Cuba by which strangers wishing to reside there
were obliged to profess the Roman Catholic faith
and, by a solemn act, submit TO the authorities,
tribunals and laws of the country, to the utter
cusion of all other allegiance and rights
Whether this law conflicts with the spirit and
tenor of the treaty Of 1895 or not leave to the
pa5licists to determine. will merely remark that,
by the letter of domication itself, the allegiance
and the privilege are limited to the term of five
years; and that Cuba has, since the celebration of
the treaty thrice held the position Of an integral
part OF the Spanish empire, with representation in
the Cortes, and thrice has been reduced to the
dition of a colony. Let Others more vcrsed thaa l
am in public law determine in how far allegiance
limited in term, can be complete; and in what man.
pbu srun NIL rirhto
the treaty
1t is to be observed that this law of domicilia-
ton, neither in its first institution nor much less
since. has been in complete observance in Cuba
Besides having permitted for long series of years.
the continued residence of foreigners possessing
neither of the requisite qualifications of naturaza-
tion and profession of faith, all the steps in the
taking out of domicliatory letter looked upon
mere forms.
To such a degree is this true, that any one who
does not wish to take the trouble necessary for pro-
curing the letter Of domiciliation applies in Ha-
vana, to agent, runner, who draws up the me-
mortal, which, at times, even is not signed by the
actual party and who proceeds to take all the steps
requisite for obtaining the document. For this he
receives compensation in addition to the excessive
fees charged in the government offices, and, from
the mutual understanding existing between these
agents and the officials, the delay and difficulties
are much less for one who obtains the letter through
an agent than for one who applies directly to the
government.
tam this document, avail themselves of these agents.
without informing themselves of the steps taken, nor
OF the obligations which the act involves. The 60
vernment also, considering the matter mere form,
takes no measures to establish the identity of the
party, nor the authenticity of the signature, nor
gives to the act that soemnty which important
matter as a change Of allegiance, submitting to
new ana 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 domiciliaton 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 CT domication is limited in it's dura-
ton to live 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 natu
ralzation, 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 fulflment of neither Of these obligations has
ever been demanded by the government Many
persons are now temporarily residing in Cuba under
their original letter of domiciliation taken out
twenty. and even thirty years since, who consider
themselves as fully, and to all intents and purposes
as truly Americans or Engishmen, and as good
Protestants. 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
tiers OF tomlclaion, parties incur allegiance to the
crown Of Span they never can be sufficient to make
criminal or reasonable, what in strict fact is neither
treason nor crime
Perhaps in the native born Spaniard you may, if
you choose, deem it reasonable to make compari-
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 comparsons-ifit is a
crime to desire amelioration but without desire to
excite disturbances it 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, il not tenable. 1t has always been
characteristic Of weak and tyrahMicai governments
to entertain higher and more scrupulous regard for
the rights of foreign subjects than for those Of their
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
your Excellency and the military tribunal which
condemned me, unheard, to the galleys. From the
first moment that the matter was brought to its
notice. it recognized me American citizen.
trust that to any candid and unprejudiced 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, a Spanish subject; and that
a military commission is not, under any crcun-
stances the proper tribunal to take cognizances Of
charges against them.
do not advance these arguments lightly, nor
with any view to my own advantage. They can
now do me little good. | have consulted some of
the most eminent legal authorities here, in your
Excellency's own country, and they sustain my
positions. If they have any effect in restraining
the inscriptions government of Cuba from future
outrages upon the fortunes, liberties, and lives of
my fellow countrymen there resident, if they save
one American from the suffering and ruin that has
been so mercilessy heaped upon me, my object will
have been obtained, and my reward exceed my ut
most desires.
I have the honor to be your Exceency's very
humble servant. j. Is. THRAsHER.
To Mr.. Webster.