The New York Herald Newspaper, December 26, 1851, Page 1

. | HE NEW YOR WHOLE NO. 7001. HIGHLY INTERESTING FROM MEXICO. ‘THE Bid GRANDE REVOLUTION C)MMENCED, BATTLE AT CERALVO. Defeat of the Government Troops. nb oe LARGE NUMBER KILLED AND WOUNDED. “ The Town in Possession of the Revolution'sts, ho, ke, ko. TELEGRAPHIOG. New Onceans, Docember 23, 1851. By the receipt of Brownsville (Texas) papers to the 3d inst. we learn that the revolutionists in Northern Mexico have again commenced the struggle against the general government. Gen. Caravajal had attacked the Mexican General Jan- equi, who bad fortified himself strongly ia veralvo. After two days hard fighting Caravajal tovic nearly the whole town, aud drove the Mexicans into a fortified house where they were completely penned up. Ail tne provisions, ammunition, &c., belonging to the Mexican forces, were taken by Caravajal. The revolutionists bad ten killed. including Lieut. irabam, and Capt. Cbiul. Uapt. Wheat was severely wounded. The Mexican loss was very great—inciuding nearly all -he Seminole [adians and their leader. The latest accounts say that Caravajal was about to at- ack the Mexicans in their last position. If successful, he will enter Monterey without oppositida. BY MAIL We have received our files of E! Monitor Republicano, El Universal, E! Siglio, and Le Trait d’ Union, published in Mexico city, to the 29th of November. We have uready given a summary of the “news from that repub- vic. We pebliso to-day, » translation of some items which appear to be the most interesting Nothing new was known, at the latest advices, about Matamorag and the movements of Caravajal. but it was 4 current rumor that another insurrection had been cr ganized and recruited. Tho Genio says that the rebels had attacked, at Jfmenez, thirty leagues distant from Ciudad Victoria. a eourler of General Uragua, sent to the Jovernor of the State of Tamaulipas. All his cozres- pondence had been taken sway bythe robbers. Another ourier bad come to Mexico city from Tamaulipas, bring. ing advices to the government that Caravajal bad concea- crated his forces at Reynosa, where he received nun Tous reinforeeme: and thet probably the siege of M tamoras would beglaseain It is reported from Monte: rey, that Caravojal surrounded with incendiaries aad robbers, nuabericg 600 men and four pieces of cannon, from New Orleans its, chia enterprige of Caravajal first one. The governm int 1 States have cen’ (according to the Mexican to the frontier four companies of infautry and ‘cea of Cannon, to defend the crossing of the [lo mp four pi Bravo, and for the arrest of Amerinan desectors,ani to pursue, also, onthe Mexican territory, those who suc- cveded in crosneg Im an address to the public, dated Ootober 30, Mr. J. J. Waddei), United States Consul, answered, in his name and in that of Mersrs, Uhde aad Bousigues, English aad Preneh € als, the direc tacks by the Rio Braco, am American journal pubdii: at Browasyille, on the 2ad of October. The character of the three Consuls was enffigient to throw great doubt on the truth of these attacks, but Mr. Waddell setoed tl ay to offl- cially expose the conduct of thore of his countryman allied 0 Caravejal, and the polemics of the Kio Bravo, which foment insurrection '¢ is nothin new about the pronunciamento of Cordo over, that the political oLief and ineipal authorities bed deem Killed in a riot: and the government of Vera Uraz had only learned that Felipe Romero was about velag arrested. The gov: at bad received @ third check in the ‘House of Depvties. The second reading of the propost- thom for to it $700,000, not including the sums sllowed Tor the payment of the settlement of the pubitc oredit, wae ‘ted, by @ majority of Tl votes against 6. ongrese ia 8 so ehgratefut to Gen. Avalos ani sa of Matamoras; they did not want to ad reward their bravery. The C or rather ths House of Deputies. ere occus ied with discussions aboat a pro- Jeet of law. to, esources to the government. ‘The Mexfeaa Count de Cortina y de Uastro haseent tothe Captain General of Cubs 4 beautiful Arab and Mexican ‘ure blood horse maguificently saddled and harnessed, with the following inser'ption om as silver plate: To 8. “J. D. Jose de ia Coach». Japtaia General of Cubs,—Phe ‘ount de la Cortina y de Uretro. The cholera was rtill reging at Mazatian. NEWSPAPER EXTRACTS. ‘Vhe New Orleans True Delic of the 16th inst. contains tome late news from Mexico. ‘ihe dates from the city of Mexico are to the 29th ult., and from Vera Crux to the Ath inst. The oy ago here- * ofore referred to im the follows 1. Poredure the duties on all objects of general con- " ion. 2 Mo make tuch alterations im the duties on articles of waxury od liquors, as the government may deem pro- Twevured colton the peying @ duty of bree cents ® pound, and the letter six per yard. 4. Toexem,* the covton manufact ries from the taxes under which they at prerent suffer, im the interior of the . To liyuldate, cell im aod annul the permits for the introduct.ca of cottop, now outsiat , and to set apart tor this purpose t Soom the 5 hat fhe goratumea! et & loan of two and ® baif of dollars, ¥. eae adjudication--i, ¢ by velling it to the ie Ndder--giving a Ii on the Juties to be eiected from the articles of which the im- yortation shall be permitted according to the preceding is mos Bot officta'ly.) that these propositions paseed the Chamber of Depucies; but it was very doubtful whether they could be pod ne ad by the Seuate. The ? of euch a lew is rable to the republic, as it would furnish «large Teveoue to the government, aud vould put a stop to smuggling. Li me Sp the capital. for os were being of the sufferers by the besieging of Matamorar riated $500 A talk oun vatore Goadoens to ievy 0 higher tax on newo- « than 4 Spe Ee paged dined ‘aid Senals had adopted a rep verse » prope- titlon to eopetruct a railroad from Acapulco to the capi- al Gen Almonte bad sent [n a memorial to Te. commend'ng that a juute be formed of the principal Mcers of the army aad navy, fcr (he permanent defence patoa entered the city of Mexi¢o in the Calle de Cacubaya, daylight, and thea te. © they could fod. Not mn uncommon feat in ‘but net always done so “Tote mae veteas sts B Macestes on tn Sand te which grea! maged the hoares. eon dead bodies wire feuss veneath the ruins. ‘tae gate was as severe if not Worse. at cea. The English corvette Da war diemasted and ot? rwire inj ; the French See een veseela were wrecked, sod three aallors drow: ig ‘The English vessels of war in the harbor of Vera crue, were the [ndefatigable, £0 cans; the Cumberland, 70; the Wellesley, 70, and steamer Sxpress, 6. There vas much speculation as to the of thelr visit; some au) ‘ing it was connected with the ultimatam Seapets | the Mexican government by the British minister. and others that the fleet bad no special object in view, bet mecely songht a harbor after a cruise. The New Orleans Pieoywne, of the loth, has the follow. items — Matamoros Benders Me ricene comtaina an elaborate tefence of the conduct of Gen, Avalos, It says, very jnatly, that bed be not reduced the tariff he would have scam unadie to mace head against the movements of Cara- vw omur coments Of Cordova is not Fg suppressed, notwithecaading (he late assertions of Mexican pa rery. The leader, Romero, had not fled a) bal been reported, but had retreated stespectabdle fores Afterwarde he renewed hostill- atinekiog and di persing a detachment of sixty ine iy, however. pee omals were made to wh. it le thought he wi val lexico Romero, accept, and so put anendto the contest Congters seem really to have e-me idea of reforming The discussion on the the tariff aystem of the country. = = uf The committee has subject bs carried on very w: motes report favorable to the project, but It was very Jercely witacked by Morsrs Hisrro, Acevedo, Beistegul, Comto, and Arrango' The hurricane at Ma avening, was fell tn torrent 10 that the water p eels im port were driven from their anchorage. and against each other with violence. If the tem, continwed two hours tenget, the whole town we Seen reduced toa heap of ruins, As it was, all t 0 bows, and which were badly od, wer he eight small versel: ia port, four were Jestroyed, and two stranded. The Soglish corrette of ‘ et her masts, In the city, twouty. two J and a large number w Three anded ? Paci Tage and $ ‘Two dart afterwards “ero Amprioane encountered the mauge ~ ed . MORNING EDITION----FRIDA¥, DECEMBER 26, 1851. A diplomatic dfaner was given to the Spanish legation, ‘at the city of Mexico, on the 19th ult., in honor of the birthday of the Queen. Four of the Mexican secretaries and the Secien. ministers were my On the ult. the steamer Edgar, built in New York for the Mexican nt, arrived at Vera Cruz. Her names ie to be c! 1d to Estado de Mejico, The Tndiens still continue their ravages in Durango and Chihuahua, A number of dead bodies have been found on the plein of the Sepulturas, ten leagues west of Parras. It is seppored that they are bodies of persons murdered by the Indians. Another Thrasher Meeting. large meeting of the citizens of Lafayette, La., was held in that place, to express their indignation at the conduct cf the Cuban authorities. After some elo- “ quent addresses, the following preamble and resolutions were adopted:— Whereas, Authoritative information establishes the fact that John 8. Thsasher, an American citizen, pur suing his avocations in the Island of Cuba, has recently been seized upon and immured in prison in the city of Havana, on the charge of treason against the of Spain, and of which charge he was, after a before # military tribunal, convicted and coi an imprisonment of eight years in the mines in Africa, without having been even furnished with a copy of the charges preferred against him, notwithstanding his de- mand fora fair, open and ee trial, guaranteed to bim, asan American citizen, by existing treaties between the United ‘tates and the government of Spain; Therefore resolved, That the procvedings of the colo. nial authorities of the island of Cubs again: 3. Thrasher, are 6 gross disregard of his rights ae a citizen . of the Wnited States, and a direct violation of the trea- ties existing bstween our government and 3pain Resolved, That in the person of John 8. Thrasher, the rights and liberty of every citizen of the United States has been asrailed, ands tlagrant insult offered to our country as nation. Resolved, That we favite every Amorican citizin to join with usin calling on our government to demand of | se the immediate release of our fellow-citizen, J. 3, rash. nd ainple reparation for the injury done him. Resolved, That the case of J. 8, Thrasher is one which loudly calis for immediate action on the part of our go- vernmentin his behalf, and that this is » most fit occasion fer us to show to the werld that ths persons and rights of American citizens cannot be invaded by foreign powers wit’ impunity Resclyed, That we hail with pride the doctrines laid down by our present able Secretary of State, in his cor- Tespondence with the Austrian Minister, as to the rights of American citizens abroad, and call on our government toeptorce them at all hazards, in its intercourse with foreign powers, and particularly with Spsia. Kerolved, That we pledge to our govecnment our lives, our fortunes, and our sacred honor, to support the fore- golvg princi Resolved, it a copy of there resolutions be sent to our Senators and Representatives in Congress, and to his exceilency, the President of the United States. The resol 8 Were unsulmously adopted. On mo- tien, it was proposed that a committee by appointed to rejse fonds to bring the father, mother, aad brother of Mr Turssber to New Orleans. Morars, Bach. Purcell, Adaws. Gilmoreand Ricker, were appciated on this com: mittee, A very: Polltieal Intelligence, Apsounsvest or rHe Sovrn iva Lecisnatore = Rerovr ov THe Commirtex on Cororrn Porviation. The Legislature of South Carolina adjourned on Ti dey. The following report was made in the House just | paced te the eovelnding exercises of the session’— ‘ae committee on colored population, to whom was re- ferred » messege of his Exceliency the Governor, with accompanying documents, report :— Thet they heve examined the communication trams- mitted ty his Exoellemey, and received by him from her Britanaie Majesty's Consul, and they fiad that it vefers to @ euljeet treated of in a former communioa- tion from the same functionary. That this matter was St Unat time referred to a special committee in this House. which made a report aocompanied by a bill; all of whi before this House for its consideration. The present communication consists of the most part of cuch arguments énd considerations as it would seem ovyht, in the opinion of the writer, to cation ef our law. together with comments oa the report end resolutions submitted on the co-ordinste branch of the Legislature. In this connection your committee cannot suppres expression of surprise at th» cousse her Britennic Majesty's Consul has thus thought proper to pursue in addressing to the Exesutirs of the State, Ps sanyo and comments upon proceedings atili pending he Legislature. ben Bann it quite ummecessary to make ree. or enter upon an examination of the Views and arguments contained in the communication The whole matter referred has already received full oon- sideration at the bands of a special committee of the House, acd your committee would therefore ask to be discharged, and would recommend to the House an in- definite postponement o° the documenta referred to them. fully mbmitted. J. HARLESTON READ, Je , Chairman. Mr. Ayer submitted the following resolutions: — “Reaclved, That his Hxcellency the Governor be, and he is hereby requested, to receive no further or other communication whatever from the British Consul, Geo, B. Matthew, Eeq. ‘nie That bis br mee J begat eby requested, strict Aad erotaally U0 entoree enenee Secunia Fire, the provisions of the act of the Legislature, ‘n act to provide fcr the punishment ef persons disturbing the peace of this State, in relation to slaves and free persons of color,’ paseed on the 18th day of Dec , 1844.” Mr. Ayer advocated the resolutions at some length. Mr. J. Izard Middleton, Mr. Reid, Mr. Torre, and Mr. Memminger expressed their dissent to the resolutions. Mr. Terre moved to lay the resolutions f Mr. Ayer on the table, which was carried ‘The report of the committee on colored population was then agreed to asta Evrovson, the rete for Governor, ron, democrat. 61 741--Johnson’ ay counties remain to be heard from. To the denate, democrate and 16 whigs are chosen, and to the Louw, 67 democrats aud 64 , With one county to hear from Vi.retion cr & Mavon iw Bosror—Tae mupie’»» election in Lorton took place on Wednesday end re sulted im the election of Hon. Benjamin Seaver, for May- of. There were four candidates im the field. viz. : Messrs Beaver, Thaxter, Smith, and 8. Mr. Seaver had as Se over regular candidates, scattering votes and all Theatrical and Musical, Rowrny Turatne —The entertainments for this even- ing consist of the bistorical play entitled © The Saxon Sorcerers, or the Wierd Woman and Druid Oak." in which Merrs. Eddy, Stevens, Mre Parker, and Mrs HP. Grab ton. will the leading characters. The concluding the new hariequimads, en- ‘oral Cave.’’ is event Twratan— smour tation 0 the admired play of the “ Humehback.”” Mr. Conway. an excellent sector. as Sic Thomas Clifford ; Fenno as Modus; exd Davidge as Fathom. The part of Julia. by Mal. Poniet, end that of Helen by Mre Abbott. The enter'ainments will conclude with the comedy of -: His Last Legs.’ with Mr. Brooke as O'Callaghan. Nivcos Garoex--The amusements commence with the exerciees om the Tight Rope, Gabriel Ravel will give be Hungerian Polke. next piece will be the Mytho- logical pi entitied Diana in whieh Mile. Celestine x Bertin, and M. Brillant will appear, The rT y pantomime called the Conjuror's Gift, con- Cludes the perro ces. Tenren's Treatne.—The comedictia called The Smuggler's Son and the Exolseman's will commence the smusements. Miss Malvina will the pest ec verete pau. “ Serious Famil; Rext be pres , With Burton. Bland, Lester, Hughes. Mie Wallack, and Mary Taylor, in the principal characters The ek feature is the ‘ Pickwick Club.’’ Nar Trrater— celebrated Trish drame called “ Prien Boreihme,”’ with Mr. J 2. Seott as 0’ Donohue, will commence the entertainments. This will be enc. ceeded by the beautiful drama called “ My Poor Dog Trey | with Mr. Bienchard and his celebrated dog in the rincfpal parts. Tha new pantomime of the “ Marble siden” concludes whole Bi Lycerm =A fine holiday bill f for The first in order is Dickens’ Carel.” in which nearly all the fies Paste will ir. Pas Stytian by/Mr. Fletcher and Miss eure. This will be eucceeded ty the farce of © Tarn Out;" and the terafl- nating feature will be the laughable piece called the “Rough Diamond.’ Bansem's Museum —Me. C. W. Clarke takes hie bene- ynouneed Caristmas fit thie afternoon amd evening. The comedy of the rious Fail the afternoon. In the eve 4 "Married Teak Major Jones’ Courtship,’ and the hoii- day piece, called the “Fairy Gift.” jo THeaTRe —The most beautifal eques- trian other feate int fection. given here every evening, and the ns give the utmost delight and satis Bands and his children are very much ired. Consety’s Minetreta are drawing large assemblages every night—a fine bill for this evening: singing and dancing. Fricows’ Mevernere present @ very attractive bill to- nigh t—negro melodies and exquisite lancing. 6 vy Leenany An excellent vooal end insta. 1 company, called the Fraser Family, give their oneort to-night; they sing various beaut Scotch Axornefy —The Christmas entertainments t Wizard of the North exceed everything uyeniles come in for a lange share of qifte trom the Proferser's cornucopia. Seats can be secured from 9 AM, (05 P.M, torrant Hati=Tbe exhibition of the Panorama of the World's Pair ie given every evening, at the above ’ The Reltimereane are #0 well ploaced with Madame Biscacolant! that they are rbout to give he 1 empire y benefit commort.on Monday eranty? next Maratrek’s Opera troupe ace eed in daveanab, magi to large and farhionable sediences ont Sisters Rousset are orgating quite « /urore in New leone | since Mr. Websté lating to thi ba pay pgs A ‘of Domict, dice dba ass The following letter from the Secrutary of State, Smongst other papers relating to the case of Mr. F, was communicated to the House of Rop- tatives in & message from ts Presidout. other F such of them as possess gone- ral interest, have lately boon laid before the Sa- nate, and have already been publishod :— DEPARTMENT oF SraTE, Wasuixeton, December, 1851. To THs Present :— The Seeretary of State, to whom has been ro- fecred a resolution of the House ot Representatives, of tho 15th instant, in the following words: “ solved, That the President of the United States Fi clan so far as in his judgment may be compa- tible with the publio interest, to communicate to this House any information in possession of the Exooutive respecting the imprisonment, trial, aud sentence of John S. Thrasher, ia the Island of Cuba, and his right to claim the protection of the overnment as a native-born citizen of the United ites” — has the honor to report to the Presidoat that all the official information in possession of this dopartmont, respecting the imprisonment, trial, and sentence of Mr. Joha S, Thrasher, is soutainod in the despatobes of Allen F. Owen, Esquire, late United States Consul at Havana, together with a correspondence between him and the Governor- General ofthe Island of Cuba, and in a letter ad- dre: by the Governor-General to Don A. Cal- doron de |, hor Catholic Majesty’s Minister in the United States—copies of all of which aro herewith transmitted. There iano doubt that John S. Thrasher is a citizen ofthe United States by birth, nor is thers any doubt that be has resided in tho Ialand of Cuba for a considerable number of years, engaged in business transactions, sometimes as @ merchant, and sometimes a3 the conductor of a newspaper press; although the precise period and duration of such residence are not known. n this point, the department has sought in vain for exact informa- tion. Mr. Thrasher himeelf has made no comma- nication to this department, a'though he has, through the presa, ad d a general letter of re- mot ice to the government and poople of the United States. In the letter from the Governor of Cuba to hor Catholio Msietiy 4 Minister inthe United States, pepe mentioned, it is stated that he has boen not only a resident in Havana for a considerable time, but domiciled there by regular procvedings; and that he has, in solemn form, svorn allogiance to tae Spanish crown. There is no evidence in the possession of the goverment to show what was his patecs with rd to returning to his native coun- ry at any Sxed or definite time. Other members of his family are understood to ba, like himself, residents in Cuba, hia father having gone to that island some years ago. These are all the known general facts, respect- ing the 5 e of his residence in Havana, which have come to the knowledge of this dopartment. pears that soon after the failure and break- ing up of the late expedition of Narcisso Lo,ez, in the invasion of Cuba by him and the troops usder his command, Mr. Thrasher was arrested and tried for bigh treason, or conspiracy against the crowa of Spain, condemned to clght ears’ imprisonmeat to hard labor, and seut to Spain in execution of thatsentence. There is no evidence ia the depart- ment to show what were the particular acta of treason or conspiracy alleged, or proved, agaiast him We @ only the ge statemen’, al- eecah pains have been taken to ascertain parti- cula) it general question, then, is, as to his right to exemption from Spanish law and Spanish au- thority, on the ground of his being a native born citizen of the United States. The general rule of the public law is, that over person of full age has a right to change his domicil; and it follows, that when he removes to another place, with an intention to make that place his por- manent residence, or his rosidence for an indefinite period, i: becomes instantly nis place of domicil; aud this is so, notwithstanding he may entertain a floating intention of returning te his original resi- dence or citizenship at some future period. ‘The Supreme Coart of the United States has decided “that a who removes to a foreign cout: settles ‘bimself there, iu the trades the couptry, and epgag f furnishes by these acts such evidences ofan intention permanently to reside in taat cou try, as to stamp him with its national character; a this undoubtedly is in full accordance with th» sentiments of the most eminent writers, a3 wel! a with those of high judicial tribunals,on the sabjoot No government has carried this general p:osump tion furthor than that of tho United States, itis woll known that hundreds of thousands of persons are mow living in thi: | ing was to country who have not been naturalized ascordiag to the provisions of law, nor sworn any allegians - this Sueamens, ees Seen Comicon aan st a: y regular course of proceedings. t degree <falarm would it not We to tnis vastly 1 rous class of men, actually living amonget us as inhabdi- tants of the United States, to learn that, by remov- ing to thie country, they had not transferred their allegiance from the governments of which they were ori ly Subjects, to this government! And, on the other hand, what would be the con litioa of this couniry and its government, if the sovereigns of Eu- rope. from whoso dominions they haye emigrated, were supposed to have still aright to interpose to be justly conseq! their violation of the !aws of the United States? [a uestions on this subject, the chief point to be con- Maered is the mies i, or intention of con- tinued residence ; and this bp Lien pd Eg sonable rules and the general principles of evi . vuticiently appear that the intention of romov- ma rmenent settlement, or a sot- an ito time, the right of domioil s residence even of a few days. tedly true that an Amorican citizen whe goes into a foreign country, although he o ves local sed temporary allegiance to that coun‘ry, is ithe garter no other at changing his condi- th of his own govern: muaiei- should bo treated unjustly, he would for ight to claim that protection; and the in- ‘ion of the American mont in dis favor as a justifiable interposition But his situation is completely changed, w! by his own act, he has mado himself the subject of @ foreign power. Anda person found ng ina foreign country is umed to be there anima ma- nendi, or wi be: parpece of remsining; and to relieve himself of the character which this eromption fixes upon him, he must show that is residence was only temporary, and accom nied ali tho while with a fixed ard definite intention of returning. If in that country he engages ia trade and business, he is considered by 7 of nations as a merchant of that country; nor ia the presumption rebutted by the residence of his wi family in tbe country from which he came. Thig is the doctrine as laid down by the United States courts it has been decided that a Spanish who came to the l/nited States and continued t) reside here and on trade after the breaking out of war between jin and Great Britain, is to be considered an A merch Ithough th trade could be lawfully carried Spanish only. But the necessity of any pre ion in Mr. Thrasher’s oase is entirely removed, if, 1» fact, he actually took out letters of domiciliation, ia order to enable him to transact business such as a Spanish subject, or adomiciliated freeman can alon> trapeac rants Cro i swore Cy a Lo sj Drown. For the purpose of « 9 jode by which foreigners are domiciled in the jand of Cubs, and the duties thereby imposed mm them, and also by what means they obtain ¢ ultimate right of naturalization, | have thought it worth while to quote at longth a translation of the Royal Decree ef January 17th, 1815, and also the Royal Colonization Decree of Ostoder 21, 1817 Tt is that no change has been mado in the a ce of the Spanish law of domicil and naturalization sines that period: — All foreigners belonging (> powersand countries that are friendly (o me, who may wish to establish themselves, ot who may already be established, fo the island of Cu da, Murt produce suitable evidence before the govern: mevt of raid ieland. that they profess the Roman Catho- Ve religion; and without this indispenrad'e qualification they will net be allowed to become domiciled there; bat my vastalsin there dominions, and those inhabiting the Indica, need not be com to certify to this effect, in- agmuch as in regard ‘o them there can be no doubt upon tbie point . Those for bo whol b d conforms bly to the provies wregolng shall take the oath of alieg alice by the Joverncr, by which they shall promise co obey the general laws and ordinances of the indies, to which all Spaniards are amenable ‘ i At the expiration of the first five years of residence in the island, on the part of foreign ccioatste, and on their © rasin there porpe!a gts avd priv h children as they ory have been born ting then t they «halt be ‘eaeid irland in or ly be allowed to b military secording to period of three without letters of domiefl,” but that on his rem: there without such letters, beyond the time a & é eee becomes guilty of disobediex-0 t> the fied, “* laws, and amenable to such just punishment as, after examination of the cause, may be im- P the same subject, and in corroboration of the the Royal Colonization Deeree of October 21, 1817, gaye: That letters of domicil shall be issued to foreign colonist who professes the Roman © religion, and takes the oath of allegiance, by mears of which, during five years of residence be optional with him either to re- turn to hi country or to present himself before the supe; Magistrate at the expiration of those five years, for the purpose of obt: his naturali- zation papi which will be granted to him with- out any formality, in order that, on bei + thus nat) he may enjoy all the rights an privileges 2 ining to Spaniards, as well as his sons and desce dants.” 7 he Gt of March, 1318, the Governor General, in view of the meutioned royal decree of Uv- tober 21, 1817, the folowing Bando Real, io which it + es that “‘in the absence of the rs- quisite qualificat: in regard to the profession ot Catholic faith, the fac’ shall be noted down in the letters of domioil, which will then be issued oa pro- bation for the term of two years. Ifat the uxpira- tion of thote two ye: the applicant cannot pro- duce satisfactory e ty his profyssing our sacred religion, the letter of domicil shall be taken away from him, and be will then be cousidered in the light of merely 9 sient foreigner, and, as tuch, be compelled to leave this island at the ex- piration of three months, in article of the royal decree.” But, independently of a nce with intention to coutinue such residence; ently of any do- miciliation; independently of the a of any oath of allegiance, or ef renouncing any formal alle- gianee, it is well known that by public law an alien, or a stranger born, for so lomg a time as he continues within the dom‘nions of@ foreign govern- mext, owes obedience to the laws of that govern- ment, ard may be punisbed for treason, or other crimes, a3. native born subject might be, ualess his case is varied by somo treaty spa but this duty of obedience to tho lawa, arising from local and temporary allegiance, coases the moment ho transfers himself back to his original country. An American citizen, by birth, owing ef cou a native allegiance to the United States, go’ abroad and obtaicing no residence under @ for government, and professing to éuch government no allegiance, and who should yet commit acts of hostility or war against this country, would s:9m to bring himself with the act of Congress which declares that if any person or persons owing allegiance to the United States of Ameria shall levy war against them, or shall adhere to their emios, givingthem aid and comfort, within the United States or elsewhere, he or they shall bo ad- judged guilty of treason. And the reason is pain since his allogiance in such a case is original an native, and has not been transferred, nor lostin any other locel atiegianee, arising from residence else- where, but’ continues to be the primitive tie which binds him to his country, But, as bas been already ‘said, every foreigner born, residing in a country, owes to that country allegiance and obedience to its laws 80 long as he remains in it, ag a duty imposed upon him by the mere fact of bis residence, and the temporary pro- teotfon which he enjoys, and is as much bound to obey its !awsas native subjects or citizens. This is the universal understanding in all civilized States, and nowhere a more established doctrine than in this country. Mr. Jefferson, when Secretary of State, in his letter to Gouverveur Morris, of tho lita of August, 1793, speakin; pursuance of the 23th goof the right of private citizens to make war & country with which the govern- ment of the United States is at pea Si If one citizen base right to go to his ewn au- thority, every citizen has the same. If every citizen bes thet right, then the nation (which is composed of all its citizems) has » right to go to war by the authority of its individual citizens. But this is aot true, either on the gencral principles of society, or by our constitution, which gives that power to Teas al: and not to the citizens individually. Then the firs: position was not true; and no citizen has a right to go to war of his own authority; and for what he does without right be cought to be punished. Indeed, can be more obviously absurd than to eny that all the citiz:ns may be at war and yet the nation at peace. Tt bas been indeed. that the engagement of a citisen in an enterprise of this nature, was a divest- ment of the character of citizen, and 4 transfer of juris- diction over him to another sovereign. Our citizens are certainly tree to divest themscives «f that character by en. , and other acts manifesting their intention, aud may then become the subjects of another power, and free to do whatever the subjects of that power na do; but the laws do not admit the bare commissio of « crime amounts of itself to a divestment of the character cf citizen, and withdraws the criminal from their coercion. They would never prescribe an act boca pgp ce whieh a citizen might di Semehion hippest ; Bor treason. for » im- dissolution of the obit- nocent by giving it the force of a getion of the 1 to his country. 2 ‘This is in accordance with the Sir cuit Court of the United States for Pennsylvania, by which it was stated, in 1793, that “ If one citi- zen of the United States may take part in the present war, ten thousand may. If they may take part on one side, ‘bey may take part on the other; and thus thoueands of our fellow-citizens may as- sociate themselves with different belli it powers, destroying not only those with whom we have no hostility, but destroying each other. Ia such a case, can Wo expect peace among their friends who stay behird? And will not a civil war, with all its lementabie train of evils, be the natural effect?” Our citizens who resort to countries where the sere 2k cae, per ongas phn charged with crime, frequently im wi jaws of those countries are “ dunintstered the customary therein, that they are f to which they are entitled, and t fore Ge ny Cg ogee of their Cy ‘overn- ment. But it must be remembered, such that they pave of their own free will clested ence out of their native land, and leewhere and under anotber government, ountry in which different laws prevail. They bave chosen te settle themselves in a country where jury trials are not known; whore Teprotentacive government does not exist; where the pri the writ of habeas corpus is unheard of; and where judicial proceedings in criminal cases are brief and summary. Having mado this election, they must necessarily its conse ences. No man can carry the wgis of his q national American liberty into a foreign country, and expect to hold it up for his exemption from the dominion and authority of the laws, and the sovereign power of that country, unless he be authorized eo to do by virtue of treaty stipulations. The defrition of crimes, the denouncement of penalties for their commission, and the forms of roceeding by which guilt isto be ascertained, are figh pretogatives of sovereignty, and one nation capnot di them to another without being liable to the tame dictation herself. The friends of Mr. Thrasher ini myo in hiv bebalf the 7th erticle of the treaty of |, whieh declares that in all cases of offences committed by any citizen or mbject of the party within the jurisdiction of the other, the same shall be prose- cuted by order and authority of law only, and ac- cording to the regular course of pr in such oasee. They shail also be allowed to employ such a ivocates as they may proper before the tri- Spey fee ey —_ free access to be present at the # at ity taking of gil examinations and evidence which may be exhibited in the said trials. Aas the public law, however, does in no case im- part to fore'gners residing in any country privileges which pooh Sys te —- yy exer pt perhaps jeaving country, it may be thought doubtful whether, by the article of the treaty referred to, the parties could pated any more taan to place citizen: ve sontem- States with with Spanis United States on an equality in criminal proceedin, citizen of Spain in this couctry might comp! perhaps, of a trial by jury hore, because of the supposed partialivies asd, prejud’ of juries; while an American in Spain complains of condemnation in sa amary form, by judges, without the intervention of « jury ey jariediction yjects, and Spani i with our own citizons, to ascertain his guilt. The question arising on the latter clause of 7th article of the treaty with Spain may not be clear or free of difficulty, especially when it is known thet the minister who negotiated this treaty on the part of the United States appears to have attached considerable im- portance to this right of selecting and employing counsel. Mr. Thomas Pinckney, the Amoricn ne- gotiator, cays, in @ letter on the subject of the treaty, that the first part of this 7th article was taken from the Ith article of our treaty with Pras- sie, b and that he added the latter part because he dered it a good stipulation ia ail situations, ticularly in Spain. ¢ can readily imagine why it should have been stipulated in the treaty that tne trial ofan Ame enn citizen in Spain should be open and public, be- cause we KNOW (hat aa late asthe year 17 ° Spain an ec fiaaticn! jurisdistion, hav- wer over life i death. whose p . segs Wei ways cove! W ineemor 6 Was buceuued by the parties that this right of selecting counsel in the onse of the arrest or the trial of ao Amorioan citizen, shonld extend further o¢ be RK HERALD. than in the case of a Spanish subject pro: outed for a similar offence, may be matter of doubt and controversy. The view which the Spanish courts of highest jurisdiction tako of it, may be seen by the communication of the Hogsl Onur of Judicature, accompanying the letter of the Go- vi General to Mr. Calderon. But, however all y, be, the gonoral question still returns, er this right, secured by treaty, whatever it is, justly limited to such persons as are, at the respects American citizens, having | whe be not time, in al) never voluntarily changed their domicil, or tuken upon themeelves a now allegiance? In this wiew of the case, it might therefore be asked whether, if Mr. Thrashor had been a native born subject of ber Catholic Majesty, his trial and ita result would have been different from what they actually were ? If, indeed, Mr. Thrashor, in his arrest and trial, | did not enjoy the benefits which native-born Spar: | h subjects enjoy in like cases, but was more barsbly treated, or more severely punished, for the reason that he was a native-born citizen of the Uni- ted States, it would be a clear case of the violation of treaty obligations, and would demaud the inter- position of the government. ‘There exists in this lepartment no proot of any such extraordinary treatment of Mr. Thrasher. It may have taken piace. Jn the absence of ail other information, ra- ference is made on that point, as well aa to all the Trost of the eae, to the letter of the Governor Genera! of Cuba to Mr. Calderon, her Catholic Majesty’s Minister Plenipotentiary to this gover ment For tbe further information ofthe Ilouse of Rep- | resentatives, I also transmit herewith a copy of the de:patch of the 13th instant, from this depart- ment to the Minister of the United States at Mad- | rid, aud of ap rye to the aeting Consul | Havana, of the 12th and 28th November last. | Daniet Wesster. ster and the Prisoner | Spain. | ‘The Charleston Courier has been furnished the | eubjoined letter, received from our Minister at the Court of Madrid. whieh is published for the infor sation of euch as may have friends or relatives among the unfortunate members of the Lopez | expedition, who have been transported to Spain :— | Lecation or Usirep Srares, Manaia, Nov. 17, 1851. My Dear Sin:—You may rost assured that ao proper effort will be wanting, on my part, to obtain | @ release of your brother-in-law, young E. Q. Ballvmho was seduced into the ill-faled Lopez ex- pedition. The government of the United States has also requested mo to ittercede in bis behalf. But even without sueh request, it will be my greatest happiness to be in any degree {instrumental restoring to his aftlicted mother and family, his | country and friends, ono who, though in an evil | moment led astray by older and more artful mon, | seems poasessed of 80 many generous and redeem: | ing qualitics. I will emdeavor to segure the libe ration of all the prisoners—which I think would be best for S; , and I know would be most agree- able to the whole people of the United Stites. They have already been punishéd.enongh for their | folly, and Spain ‘bas Sh eos ts enough too. | The upfortunate affair at New Orleans and olss- | where in the United States, in whieh Spain be- lieves thore has been great insult and o' to ber flag. and injuries to her eubjeo's restdeat tn United States, have much complicated and addet greatly to the diffienliios of the relsase of thes prisoners. If all cannot be soon discharged, I will then try for a few of the most meritorious and ua- | fortunate of them, for whoce release my special in- | terceesion has been asked; and | repeat to you that among them your brother, and the son of a most distressed mother, shall have a conspicuous | place in my efforts, A ee | Yesterday | received a lotter from the American Consul at ‘Cadiz, informing mo that tho vessel Primera de Guatemala, in which young Boll is mentioned in the papers ag having sailed, had arrived at that port after (U days passage from it was uncertain when he wrote would be erdered for quarantine, | whether to Vigo or Port Mahon, in the Mediter- ranean. I have taken all proper steps for commu- | nicating with the prisoners ; aud agsoon as [ know | where they aro destined, will forward tho lettors to young Beil. I shall, too, do ail in my power | zo alleviate their bard fate, and would seo them in | person but for the groat distance of this city from the roast—the difisalty of internal communication in this Peninsule, and the conviction that I can serve them better by remaining here where my | pressing dutics occupy ail my time. Say to the disconsolate mother and family of the | The American M unfortunate young man, to be of good cheer, and hope, and bell tir, Very truly, yours, 4 BARRINGER. To B. F. DeBow, Esq , Charleston, 3. C. Finanelal Effect of the French Revolution, ‘The confirmation of the news that no further st- tempt at resistance was to be expected iu Paris, | andthe announcement that French Renteshad closed on Saturday at 96, caused the I:nglish funds to open this morning at an advance of nearly one per cont. | Tt was, however, only amine MS tained up to the termination of business. first quotation of Consols for money was 98 to j, whence almost | immediately receded to 97; to 93. Thoy then re- | mained with a more steady appvarance until near | the close, when a turther decline of an cighth took ce; the.lact prises being 97 { to | for money, and for the opening in January. Although the market was comparatively froo j from st tion to-day, there was an evident fool- ing of disquiet, that seems likely now to assume a } chronic form. The remarkable rise on Paris Bourse, which, according to talographic accounts, | bas.been further continued this morning, imparta | no sense of confidence at all proportionate to i - tent. Some of the business letters from the assert that it has boen caased by dit operations for the purpoee, and this inference must of course oceur to everyone. But whether it be correct or Pot, it is impossible to suppose that, nader the condi- tion of surprise or terror into which the whole city has been thrown, there can have boon any suflicient Le serene de pelaeeas the ,~ ee | warrant its being ri asa steady m of nations! confidenee. ‘Tho advance since Taos. | day has been equal to seven per cent , and the price is now higher than some time back, when cont.au- ous improvement had taken place, under the im- pression that the law of the sist May would bo | q tepealed or modified, xnd that the President would be re-elected, through some compromive that would avoid disastrous coavulsion. Whether the present condition of affairs is superior to what was then contemplate’ must bo ett to the judg- | ment of each ind: vidual Ifthe existing buoyancy of the Rentes has ry aa peed Se use a blic mo or credit, probable a farther Cesldeabio shee may yet be promoted by the tame means. If it has been brought about by pri- | vate speculations, a reastion must ensae when the | verious accownts shall come to be closed; qhile, if itisto be attributed to actual hases on tho art of the public, froma convi that a truo 8 for peace, economy, and com: length been seoured, it will thea be steadily maintained. To the majority of io l.ngland, however, even if the best assum be adopted, it will most likely appear that French | stock, yrelding very little more than five per cent. ia, in the face of the number of channels ‘open for the employment of capital, in Maglaad, the United States, and the colonies, "4 an laverinens = for permanent purposes can be regarded with mue! free he nim Timer. Charern wirh ontainina «a Hesrano vNorr Favse Partences —A divorce case is pending in one ef the courts at Cleveland, (hio, in which Da niel Parish seeks to be absolved from matrimoaial obligations to his wife, Mary. Tho principal cause which the bags es = alleges in his petition, and for which he wishes the matrimonial bonds to be dissolved, is a fraudulent marriage contracted be- twoen hinself and dofendant; be asserts that the defendant procured the aesistance of hor friends in this city to aid her in bringing about the marriage, and that they also withheld from the complainan several reports and rumors concerning the rac ter of the defendant, and which reports, likewise, her friends then considered to be without founda- tion. wosn-—A Hover Brows Ur, w =—Mre Ge ‘of King’s creek, Hancock county, Va..a few ) purchaed a keg of powder purpose blecting rocks, ond pla it in his afe: Daring hie alee not being at ta, by a fe ene Messrs. Martin and @tadord—had been Killed, and Col h t Paris.—We |e Btuert, of Philedeiphie, very narrowly escaped. Washington Republic, Deo %. | #2 open country, and on Wednesday picked | Indian boy, who acted as our guides | We started in a northern direction, oro: | dian lodge we To thie M Br I ris. Hedden, | J."P. Popper, 28, Albany, N. Y Account of — it’s Exploring Expedt- jon tn . A correspondent of the HMurtford Times writes from Scottsburg. Umpqua county, Oregon, andec date of October 20th, and encloses a letter from Mr. T’Vault, addroased to the Superintendent of Indiaa Affairs. The following is the letter: — Dear Sik :—I hasten to lay before you the resuit of one of the most fatal occurrences that has take Bee within the limits of Oregon since ita settle- ment. I proceeded to this place on board the steamer Sea Gull, leaving Portland August 15; aad on the 24th of August, with a Leay ov pd eighteen persona, took | my line of march for t. purpose of ezploe- ing and ascertaining the practicability of locating a road or roads from Port Orford to the Uppee Rogues’ River country. For the first three days’ tra- vel our route was down the coast, in asouthera dirao- tion, to near tne mouth of Rogues’ Kiver Wo in- formed the Indians, whom we found very aumerous, that you would be at Port Orford in from fifteaa to twonty-five deys, for the se of making theo Presents of blankets and clothing, and also treating with them for their ve, (lands,) atthe same tims making them small presents myself. Wbea neac the month of Rogues’ River, while riding some dix tance in advance of the company, there were some manifestations of hostility—two Indians drawing their bows and presenting their arrows at ms However; upon raising my gun to Preseat, they im- mediately run From this place our course bore about northeast until the S1st of August. Here uine of ths sompa- ny started on their return to Port Oxford, and ths em cinigg nine continuing with me up kt civer, rectiun, until the 71 cttdsemabers our provisions having given out, we laid by this dey for the purpose of curing elk meat. Our road ap this point lay over the mountain and canons, deusely u: | ses with chappara! (underbrush), not being able to ree more than from three toeight miles per day. rom this p'ace I could examine the upper Rogusa” river country sufficientiy well to satisfy myself that We were not more than from 25 to.) miles weat of the Oregon trail, leading to the Shasta mina. Here a consultation was had, and our ssarcity of pro- visions, as well ag the country’s openiag out to bus north, influenced by aplain Indian trail, we weco induced to travel to the north, believing tha: we could sooner obtain supplies in that dir. y night, the 9:h, we reached the he) Wetrave down itsome distance,througix ms low hills; and on Friday, the 12th, fell on the south- ern branch of taeCoquille river, which tows into tae ocean in latitude about 43 degs 1) m. Ia passin, | down the southern branch we several beautiiw views, from high points, of the large and valley of the Coquille, w! appeared to be general- ty level bottom land, densely covered with ash, me- ple, birch, some oak, and rich vegetable undergrowth of i &e , suoh as is prodcead in tha Missouri and Wabash bottoms. Oa Saturdey morning, 13th, being entirely out of provisiona, a4 not having had one quarter allowance for ¢1 several days, it was theught advisable to acu our animals, as we could make but little progress with thei, and that too not in a direction so as to warrant the obtaining of any provisions. We, therefore, obteinod Indian canoes an? Indians te transport us to the mouth of the Coquille river After passing a few miles we cawe to the junctioa of the south and north forks, which form @ stream about 80 yards wide, where the tide obba and flows from two to th: from its m If the course of river is north of west, passing through a valley 20 miles wide. During Saturday, the (3th, that night aod San- day, up te9 or 10A. M., wo di with , dity and caso. Whea within a few miles of mouth of the river, one of the party, a Mr. Hieddoa. | recognized the river to be the Coquille, whica ne bau rafted in going from Port Orfora to Oregoa, ia Kirkpatrick's company, and that the Indiaus, who had been very numerous, were then hostile, i¢ would be necoseary ‘or @ te be on our guard. Wa | wees now in sight ofthe place where we intended to eave the canoes, at the samo time several ian lodges on the poe bank, where vast num- | bers of the naked Indians were promeni the | benk. Ove of our party, whose name | hore insert, insisted most iy that sbould land on the northern bank, at the largest la- had seen, and there get our breakfast. ‘ush and m: remonstrated. We, however, drow in so near the bank that the Indians could reach the side of the canoe with their hands, while in their canoes lying al side. Thoyimms- diately grappled our cavoe, refused to let us pushoi On one oscasion we succeeded in | off some six or eight feet, but they jumped ia | | Se our canoe to iue shore, and commenced oarding us, and seising holdof ourarms We made one instantaneous rush for the shore. | think Mr. Brush fired a pistol, the only one I recollect hear- ing. Im less than fifteensec: we wore completely ed, as there wor» ten Indians to one white man in the rencounter, and not less than from ono hundred to a hundred and fifty st: around. [a drawing my six-shooter | was wo. The first thi | :emember | was fifteen yards in the river, inswimming water. | looked round and saw upon the shore the most awtul state of confusion—it 8) peared to be the screams of thousaxda—the sound Shivae—the grenne and shrieks of the dying. At the same time I noticed my friend Brush not fac divtant from me, in the water, and an Indian atand- ‘ing him on tho head with a | ing ina canoe, « pede, causing the water to becorne bloody arouad jim. My attoution was then directed to a small han Indian lad in it, but short distanca | swam to it; he ut @ ‘om 5 oddle in hand, ted to tod imunedl Ley rend of the canoe. and immediately ran to the On looking round I think I saw him helping ay friend Brush to get into the canoe, and he immedi- pa Cm ed overboard. We then paddled for the thern of the river. Upon landing, we suc- sett tng tech Oe areca 3 ori a Seek, onvceoted in . 07) the thicket. Wo eaomping then continued, in our naked condition, trav. south, through the worst of hommocks and dons briery — duripg t Biptigt, on Monday mersing, reacted Lope ‘Bisa. on } i, Tea’ o Te vincane we were taken by the Indiaas living near Cape Blanco, treated with a itdeat of kindness, kept all night on Mon a with every accommodation they were able ord, and on eday brought into Port Urford, in the situa- tion that you saw us. Mr. Brush and myself aro all ofthe party of ten that remain to tell the meiaa- choly fate of our oo » being severely wounded by having several inches of the sealp on the top of his head cut off. ‘The names ed, are, A. S. Doherty, aged 30, Murphy, aged 52, New \ hi 20, Mase.; ? ees, S. rifles, with ac- unition ; one rifle, with fixtures barrelled The loss of property —soven U coutremente and am &o.; one musket; one double led pistol ; ons Sharp's paten' shi rifle, with the je ments and ammunition; one Colt’s six shooter; one brace holster pistols, together with a number of blankets. The foregoing contains substant the facte ar they wanteires: I, however, might say muot more, but my feeble state of health and the severe pains from my wounded and bleeding limbs, forbid my rayi ore at provent. It will give me plea- sure at all times, to give such information as I may possess. | have the honor to be, sir, very rospoot- 1ully, your obedient servant, Port Orford, Sept. 19, 1951 Three of the party alluded to as being murdored, vis :—Hayden, Williams, and Thomas J. Daven- oo of Greenfield, Mass, had arrived at Soots- a D G. T'Vavur ir Williams was very badly wounded, and oport looked like a skeleton. He was out fifteen days in the mountains, subsistin; end withouteclothing He and his two companions fought their way through the lines of Indians, with the butt ends of their rifles toote, Rarorten Loss oF a Scow and Fivs ov mae Crew —A Cleveland, Ohio, paper has reeoivod information that the scow Anawan, in command of Lewis Luddington. George Freer John Moore, and his wit whore nares are not given, jeft Kelly's Island for ( night last, and at 4 o'clock Friday mites fom crew . he wind being 8. W. untit 4 o'clock P.M. « ftor that from the N. W , and aboat § o'clock Friday jing they made Clevelan!, bat the awlstriking the piles near Stookley’s pier, Freer sprang fret the eas Tearing the others on board, who pave fot since heen heard from. Such f* the eto 4 Freer, who. ow Friday the house th be contd mas seeking the others but he ohir Freer did not erek § Lhe tone uf Loe s00W - Stoop fod that Frese wae