Allen F. Owen Esq
Consul for the United States of America

Dear Sir.

In a state of complete uncertainty as to the course my trial is taking since the presentation to the Council of War of my solemn protest against judgement being entered without allowing me every fair and legal means of defense (which I herein do most solemnly ... has not been allowed me, my nominal defender or advocate never having in any manner consulted with me as to the best line of defense to adopt, moreover asked what counter testimony I could bring forward, nor ever having consulted with my legal counsel as to the points of law).  I find myself under the necessity to secure justice, to request you to bring forward my rights as an American citizen, and to press with all due firmness upon the Government my complete non-amenability to the charge of Treason which they bring forward against me; the incongruity of trying me by a Court martial in time of profound peace; and the injustice of refusing me there a fair and free defense.

Besides the evident and well known state of the law in regard to white colonization in this Island, by which domiciliatory letters are granted to foreigners without effecting in any degree their allegiance to, and right of protection from their won governments, and which domiciliatory letters as essentially different in their nature from letters of naturalization, there exists in my own case, a peculiar & significant fact, to which I beg leave to draw your attention that you may bring it immediately before the Government of this island, and our own if necessary.

About the middle of August of last year (1850) I wanted as a matter of speculation, the paper entitled “Faro Industrial de la Habana.”  I presented to the Censorship an Editor, other than myself, and who was a Spanish subject, and undertook myself only the printing and publication of the paper.  For reasons best known to the Government an order was issued by the Capt. Gen’l (which I would present here, but I was refused a copy thereof by the officer who made it known to me) by the which order I was prohibited to publish any paper in this Island unless I first took out letters of naturalization.  Within the prescribed term I replied to the order in a memorial which I presented to the Capt. General declining to take out letters of naturalization, and stating that I ceased to publish the paper, which from that time passed out of my hands.

In this proceeding you will perceive there is a decided recognition on the part of the government of my entire want of allegiance to Her Catholic Majesty, and of the complete validity of my rights as an American citizen - notwithstanding, I possessed at that time the same domiciliartory letters under which they now pretend to a right to accuse, try, and sentence me as a Spanish subject, and I have not, since then, by any act, or by the operation of any known law, lost my rights of nationality and allegiance to the United States of America.

I state these facts from memory merely being in durance, and without facile access to my papers, and I am not certain out that the terms of the order to which I have referred, may not, in their wording, present the facts in a stronger light even than what I have placed them.

I call upon you therefore, as Consul of the United States, and representative here of our common country and government, to bring these facts forcibly and urgently to the knowledge of the Government of Cuba; to protest firmly and energetically against the infringement of the rights of an American citizen in my person, and the denial of justice to me; and to ask from the Capt. General that there be accorded to me a proper and sufficient time to make my defense; that I be furnished with full copies of all the proceedings evidence in my case, to the which I am entitled by law and by treaty; and that I may be freely furnished with copies of all documents that I may deem necessary to my perfect exculpation from the charges brought against me.

I must also request you to urge upon this government the incompatibility of considering me at one moment an American citizen, and at another a Spanish subject, the impossibility fo my holding allegiance to two powers at the same moment; and that the Government here, having viewed me in the light of a foreigner and as not holding the allegiance of a Spanish subject, allow me to prosecute my exculpation and defense against the charges now lying against me, with a full recognition of my rights as an American Citizen.

From the information I can gather of the proceedings of the Court in my case, I have reason to fear a hasty and unjust decision against me.  I would therefore respectfully urge upon you immediate and energetic action in my behalf.

                                                                                                                                            I have the honor to be
                                                                                                                                            Yr. Very ob’t serv’t
                                                                                                                                            (signed) J. S. Thrasher