. . .
In reply to your communication of the 23rd inst relative to the case of D. Juan S. Thrasher, I have to say, that it depends upon the decision of an independent Tribunal, whether or not proceedings shall be instituted in said case, and that in the event of the former course being adopted, such proceedings would be public, as it is customary, under similar circumstances.
With regard to the duties which you say your government requires you to perform, while reminding you of the functions which belong to the Consular character, near other nations, I can only refer you to the explicit words contained in your Regium Saequator, on this point, which are as follows =
“With which (the Consular office) he is no to exercise any Jurisdictional functions whatever, being only allowed to arbitrate in controversies which may occur between merchants and sea-faring people, for the purpose of reconciling them and settling their differences.”
With regard to the wishes which you have been pleased, again to express to me to be allowed to visit Mr. Thrasher remonstrating against the incommunicated condition in which he is, this being a matter under the exclusive control of the Tribunals, there is no power rested in me, to interfere with their action; as soon as the aforesaid tribunal shall have ordered that interdiction to be removed, you will be able to visit him.
Understanding as I do the kind feelings which actuate you in behalf of Mr. Thrasher, I greatly regret, therefore, not being able to accede to your request as I would have wished to do.
May God preserve you for many years.
Havana Oct. 25 1851
|signed| Jose de la Concha
To the Consul of the United States.