The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-20
MIR. wEBsTER's INSTRUCTIONS.

MR.. wEBsTER's INSTRUCTIONS.
DEPARTMENT OF STATE,
WASHINGTON, July s, 1852.
w. L. sHARKEY, Esq, U. States Consul Havana.
Sir :-Referring to the despatch from this depart
ment, addressed to you under date Of April 7, in
which the receipt Of the letter on the law of domi
Gil, as understood in Havana, was acknowledged,
have now to inform you that the subject has received
the full consideration which its importance de-
mands.
December last, and the communication to the House
Of Representatives Of the 23d of the same month"; in
respect to the case Of Mr.. John 8. Thrasher were
particularly confined to the state of facts which at
that time had been placed before the department.
Upon the law and the facts as they were then pre-.
sented it was considered doubtful whether Mr..
Thrasher could rightfully claim the privileges Sc
cured to American citizens by the treaty Of 1895.
But it was carefully stated in each Of the communi
cations above referred to that no communica-
tions addressed to the department had been re
ceived from Mr. Thrasher himself, and that it was
matter Of regret that the department had not before
il his own statement of tho case.
Since that time additional information has been
obtained from your own despatch, as well as from
other sources, respecting the Spanish law Of domici
ation, both in regard to its practical operation and
the manner in which it has been construed by the
Spanish authorities themselves, and by foreigners
who have taken out letters Of domiciiation.
1t appears that the royal proclamation Of October
81, 1917, by which provision was made for ,mcilia
ting foreigners was issued by the request of the civil
authorities Of Havana for the purpose oncreasng the
white population Of the island Of Cuba by Spanards
from the peninsula and the Canary Islands, and by
emigrants from friendly European nations. The
reasons assigned for its issue were the small num-
ber of inhabitants in proportion to the extent the
island the condition Of agriculture and its limited
physical resources, SO that zone Of the most impor
tant possessions Of the royal crown was unpeoped
and defenceless and its fields without cultivation"
Many privileges were granted to those who took
advantage Of the invitation thus extended to them,
such as exemption from taxation for fifteen years,
perfect liberty to return to their native country at
any time during the first five years, and free expor-
tation Of the property which they brought with
them. As they were 'strangers,' they had permis-
sion to leave in Of war with their native coun
try. These, and other parts Of the proclamation
exhibit very clearly its intent-that there was no
disposition the part of the Spanish authorities to
even if such power were not contrary to all natural
law 1t is true that, on his arrival, the foreigner
was required to take out domiciliatory letter; but,
according to Spanish law, this "simply authorized
foreign subject to reside in the island more than
three months, and to employ himself in commerce,
or any other useful industry" and it may be added
that any conditions restrictions, introduced into
the domciliatory OATH inconsistent with the letter
and spirit Of the royal proclamation above referred
TO- or the provisions Of Spanish law must ncccssari
ly be nu and void.
1t does not appear that the foreigners who came
to the island and took out letters of domiciation,
considered that by SO doing they forfeited thei
rights Of citizenship in their respective countries,
assumed any obligations inconsistent therewith
This, too, appears to have been the general
understanding Of the Spanish authorities them
selves. Throughout the whole Spanish law
there is observed wide distinction between dom
ciliaton and naturalization. This Is fully admitted
In the communication Of Mr.. Dc La Concha to Mr.
Caldcron Of May 2sth, 1851, and also in the four
teent and twenty fourth articles Of the above men
toned proclamation. Thus It appears that, not
withstandng the terms Of the oath Of domciliation
are so rigid yet taken In connection with the pro
dents in Cuba have never, In point Of fact regarded
themselves as having changed their allegiance by
taking out letters Of domiciation. They appear to
have considered these letters as mere formal rcqui
sites to an undisturbed temporary residence for
eicial or other business purposes. In point Of
fact it is believed that these papers are usually pro-
cured by purchasc-that no oath is taken-and no
act done on the part Of the American resident, ex
cept the payment Of small fee. Change Of domi
cile is matter Of intention, and notwithstanding
sidence--in fact there must be the aaimus mancnd
Change Of allegiance, which is manifested by the
voluntary action, and usually by the oath of the
party himself, ought always to be accomplished by
proceedings which are understood on all sides to
have that. effect 1t is certainly just that acts
which are to be regarded as changing the allegiance
Of American citizens should be distinctly under
stood by those to whom they are applied as having
that effect; that the practical as well theoret sa
construction Of such acts should be unequivocal and
unifQrn; and that no asta should be deemed ach Of