The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-25

stand him TO say that Mr.. Thrasher did not lake the
domcilisry oath which was required OF him BY the cap
tain. enersl OF Cuba
| Mr. HOWARD No, not The domieiary OATH | ad-
| Mr. BROOKS | believe the gentleman understands
Spanish the oath which he took oath OF fidelity
and vassaage to Spain de fdslsdaa ussafios
Mr., HOWARD No. SIR that is not so. if the gentle
man TO assert that il was an oath OF allegiance TO
Mr. BROOKS He was obliged to take such an oath
under the laws of Cuba of 1917.
Mr. HOWARD, | will set the gentleman right on
that subject In relation that matter gross injustice has
been done Mr.. 1hrasher.
What is Naturalization When is a nauralized
When he renounces the sovereign of his origin, and
acquires The rights of citizenship under the government
10 which he transfers his allegiance Now, what were
the laws Of Spain ia reference to that subject have
here The regulations OF 1891 contained in the official doc
umens accompanying the Presidents message But this
whole subject OF settlement and colonization in Cuba
regulated IN 1877 by special law. II did not require
Mr. Thrasher TO swear himself Catholic. as the gentle
man supposes II only required satisfactory proof OF that
fact The regulation is contained at length IN work Of
great authority recently published in Spain. entitled
!" Legislation Ultra Marina"
The law of 1917, settlers in Cuba is not unlike
our own law OF naturalization. gives him ive years
TO become naaalized and gives him, IN the mean time,
the absolute right to return to his native land and IN
broke out he had the right TO remove with all
his property TO his ancient home AT the end OF five years
he was TO come forward TO announce that was his IN
ten,ion perpetually in the island, to prove his
religion and his good conduct and then to take the oath
OF Naturalization by which he required to promise
fidelity TO the Catholic religion, the Ring, and the laws.
renounclng everything foreign all privileges and protec
ton that would arise from being foreigners, and poms
ing to retain any dependence, relation, civil sub
lection to the country Of their birth" This was complete
naturalization, bu, could only be acquired after proof of
five years residence. He was then furnished with his
naturalization papers, and the law declared that na.u-
razed strangers shall enjoy all the rights and prvi
Ieges OF Spanards" But this oath Mr. Thrasher refused
TO take when summoned before the capain-genera and
il is therefore adj dcaa. in his office that that gen
teman was never nauralzed. but refused TO surrender
his allegiance the United States, and was, in conse
quence, refused the rights OF natuTalIzed subject OF
Spain.
And now as to the domiciliary oath. 1t does no.
profess TO be an oath Of alegance and if it did, y
would be in violation Of the Spanish laws; II would
fer right on Mr.: Thrasher, and would subject IA
domiciliary oath required him to swear fidelity the
laws of Spain and the Indies II was, in truth, no more
than the declaration required by our law OF an intention
to become citizen, accompanied by an oath! Indeed,
was not much, the Spanish law did not require
such intention to be declared. am aware the form
OF oath furnished in the executive document which
pamed off upon Mr. Webster by the Spanish authorities
purpors be oath of allegiance but Mr. Thrash
took such an oath was eXua-ludicial, and
not authorized by the law, and gave no right 1t was
obviously form OF oath which had been made under
the law OF 1871.
The second section OF the law of 1917 contains the
whole regulation in force at The time of Mr. Thrashers
domcilation. By that law he took, in the language of
the law. can oath juramento de fdelidad vdsalio,s)
OF fidelity and subn'sson in winch they shall promise
Indies 10 which the Spaniards subject" 1t is no
,ceabe that while of the trans aions fromhe depart
tdedad a,tgirncs instead of fidelity; but nothing is
gained by this translation it is allegiance TO the laws,
and to the Crown OF Spain. II is nothing more than
the law of nations, under which, if comes here,
be is bound to obey and violate laws; but that
bIm bote or sfe sn,s Gan" .n the county,. lkgyss
be nauralzed in country until he cofhfrA an cao
laws and institutions of that country, which conies
upon him the rights of naturalization. Mr Thrasher dd
not do that He refused TO do it, which Concha himself
admits. Iii true Concha says he was something more
than an American citizen that he domiciled. and
had taken an oath obey the laws and orders OF the
Indies 10 which Spanish subjects were compelled TO SUB
nit; but he careful not say was the oath of nat
urazaton ,.u
i have chosen to place this matter on the indIsputaole
ground that Thrasher could become nauralized with
out renouncng his former allegiance, and taking upon
himself the allegiance of Spain according to the span
sh laws The judicial doctrine OF this country goes he
length of saving that no lose his allegiance un-
til method is provided for eecting it by an act OF Con-