Sir,

Mr. J. S. Thrasher is in a state of anxiety as to the course the cause against him is taking since his protest in Court, that the judgement should not be entered without allowing him every fair and legal means of defense, which he now ... has not been allowed him, saying that his defender or advocate never consulted him as to the best mode of defense, nor enquire of him what rebutting evidences could bring, nor consulted the legal counsel of Mr. Thrasher as to the points of law involved.

I am requested by Mr. Thrasher to state to Your Excellency, that as an American citizen he is not Amenable to the charge of Treason which he says is brought against him; and that he ought not in time of peace to be tried by a Court Martial wherein he has not been allowed a fair and free defense as he insists.  He requests me to state to Your Excellency that the law in regard to Letters of Domicil in Cuba does not affect, in any degree, the rights of a citizen of the United States, nor deprive him of his rights as such, and that Letters of Domicil are essentially different from Letters of Naturalization.

Mr. Thrasher requests me to draw Your Excellency’s attention to the refusal, in August 1850, of the Government here to allow him to publish the paper called the “Faro Industrial,” unless he could take out letters of naturalization, and that he presented, within the prescribed time, to Your Excellency a memorial in which he declined to take out letters of naturalization, and stating in the memorial that he had ceased to publish said paper.  Mr Thrasher requests me to say that this was a recognition of his rights, as a citizen of the United States, and as showing that he was not then regarded as owing allegiance to Her Catholic Majesty the Queen of Spain, and that at that time he possessed the same letters of Domicil under which the right to accuse, try, and sentence him is now held.  He requests me to say that since that time he has done no act by which he has lost his rights, nor is he aware of any law, by the operation of which, he has lost them.

Mr. Thrasher calls upon me, as the Representative of the United States here, to bring these facts fully to the attention of Your Excellency, and to protest against the infringement of the rights of a citizen of the United States in his person, and of the denial of justice to him.  He requests that Your Excellency will allow him, or cause to be allowed to him full and sufficient time to make his defense, and that he be furnished with full copies of all the proceedings and evidence in the case, to which he is entitled by law, and by the treaty, and that he be furnished with all documents which he may deem necessary to his perfect exculpation from the charges brought against him.

Mr Thrasher requests me to draw Your Excellency’s attention to the incompatibility of his being regarded at one moment as a citizen of the United States, and at another a subject of Spain.

I desire to repeat to Your Excellency that my object in presenting these views is to secure the rights of Mr. Thrasher as a citizen of th United States, which are his by law and treaty.
 
                                                                                                                                                   I have the honor to be
                                                                                                                                                   Your Excellency’s
                                                                                                                                                   Ob’t Serv’t
                                                                                                                                                   (signed) A. F. Owen

To
His Excellency
Sr. D. Jose de la Concha
Gov’r & Capt. Gen’l
of the Island of Cuba