The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-01-18

to his own country, and submission to the allie
glance of Spain. l must do him the Justice to say
he was, under the laws Of Spain. rompelled to take
these oaths, in order To be enabled acquire pro-
perty with an exemption from taxes and excise
duties and to be enabled exercise certain calings
But these were the typ oathsswhich Thrasher
took, and in them he renouncod his country, the
religion of his childhood, and hisshome And yet
the honorable gentleman from Tennessee MIR.
PoLKl rises upon this floor and claims for this self
expatriated person all the privileges all the rights
of American citizens, and almost insists upon
declaration of war in his behalf.
Mr.. Polk. Certainly do.
MIR. BRooKs. Well, then, let us see-self-
expatriated as he was-if he has not had all the
rights and privileges of our citizenship have no
time to expand an argument upon this point in the
brief period allotted me, but nevertheless let
Thrasher was tried before the military tribunal
have spoken of before. He selected of his own
free will, an officer of the army to conduct his de-
fence, who conferred with his client at the trial of
the case, and read on the occasion large manu-
script in defence. The consul Of the United States
was present, and an immense concourse of people.
The consul of the United States having remonsrat-
ed in his Behalf that in time of peace he ought not
to be tried before military tribunal, the Governor
General (Concha) re-submitted the whole case, and
the law of the case, with the treaty of 1885, to the
highest court of judicature in Cuba (Real at.die-
cha Pictorial and that tribunal October 20, 1851
upon careful and solemn examination, sustained all
the proceeding against him according to the laws
of Spain, and as according to the treaty of 1875,
supposing him to be an American citizen. (Signed
by the President, CarbaneI Sehors Biretta, Es-
cohara, Ochor, Oses Antonio Maria del Rio.
These are facts in our own public documents No
man in foreign country ever had his case more
deliberately examined and liberated, as Mr. Thrash
er has been by the generosity of Spain, he has
/ but very little reason to complain. Every right
that under the treaty could be given to real bona
fde American citizen, he had Notwithstanding his
oath of aburation his religion and of his own
mission to the Spanish crowns
! now approach, Mr. Chairman, the third count
of this Indictment, and that is, the case of Mr..
Purser Smith and the steamer Crescent City.
Time and preparation are needed properly to dis
cuss the latter branch of this count-time to read
the Publicists who have written on su:h Subjects
and preparation to digest their learning; but de-
bate in this House must be had when opportunity
offers, or the time for reply is lost forever. 1t is
1 very important to us at home, in our own inter-
State intercourse as we'll as in our foreign inter-
course, to have proper understanding Of the laws
that govern such cases; and, therefore, / the
more regret all want of preparation. I take it for
1
teman from Mississippi, Mr.. BRowH,l who
spoke yesterday, that it is now admitted on all
sides of the House that Purser Smith, against the
| laws, orders, and injunctions of Spain, had no
right to land on the Island Of Cuba-the principle
| being granted, independent of treaty, that an in
dependent nation can exclude from her territory
whom she will. That ! understand to be admit
ted, and therefore pass over that point There
is no question in the law of nations, perhaps
more difficult, or perhaps more discussed among
learned publicists, than the question, where ends
the jurisdiction of country from whence vessel
sails, and where begins the jurisdiction of that
country whence that vessel has gone? Within
the marine league Of its coast, undoubtedly, the
| sovereignty of q nation is complete; but the flag
floating over foreign vessel there has not alto
gether lost the authority of the nation whence it
came The. sovereignty of Spain was undoubted-
ly extended over the Crescent City when within a
marine league of Cuba, and all on board were sub
Ject to her laws. But something is due to the
comfy OF nations A warning was given repeat
ed warnings, it is true; but it is serious thing to
violate the comfy of nations in excluding ship
because of an obnoxious person on board VIVA,
that comfy OF nations demanded Of Spain is in far
better hands than mine to discuss-in the hands of
the Secretary of State and of our Minister in Spain
shull not here undertake in,prempI,s aret-
ment upon so complicated subject abandon il
to such writers as Huberus and Hertius and to
the Administration which has it in charge. All 1
have to say now is, that when the correspondence
between our Government and that of Spain on this
subject comes to be published, have no doubt that
this Government will have been found maintaining,
to the fullest extent all the laws. privileges and
nights, which we can claim nation az ainst the
authorities of Spain. 1'i d. ..T-t
One point, however, | wish to be instructed upon
particularly, by the gentleman from Mississippi,
MIR. Brown the gentlemen from Tennessee, Mr..
PoLK,] and other honorable gentlemen from that
quarter OF the country and that is this: If Arthur
lappan and his people, whites, not blacks from
New York, 60 off the port of Charleston, or into
the Gulf of Mexico, or off the city of Memphis
with printing presses to spread abroad incendiary.
violent, and nsurrectionary publications among the
people there, are they, or they not, within the
jurisdiction of the States off which they moor Are
they or are they not, at Memphis, within the iurs
dIction of Tennessee? Are they or are they not
within the jurisdiction of South Carona' If thew
have the right, in point of fact to go there with ali
the freedom clinging to them of the soil whence
they came, the right Of free discussion the right of
e-ae1g .tll - #i7.ara .-.t. se-gs 49,
the laws and general orders for The Indies TO which Span
iards subject. g-- ''-.- !, - ~
This oath Thrasher Took aud he excuses himself for il al
length in letter TO Don Jose de la Conch governor
Gin 1917 the law of domcilation was promulgated In
CUBA, by which strangers wishing reside there were
obliged 10 profess the Roman Catholic faith and by a 40
lemn act, submit to the authorities, tribunals and laws of
the country to the utter exclusion Of all other allegiance and
rights"
=. Carta de Domiciio--Letter of Donnicils
inasmuch as (Mr Thrasher) has made appear that he