Weekly national intelligencer., 1851-10-18
THE LATE RIOTS AT NEW ORLEANS.


PROM THE ORLEANS "TRUE DELTA"
Several Of the United States and of this State, re-
sdsnt and doing business in the Second Munc pay have
applied by petition the Municipal Council for ndemnica-
ton for losses sustained in the destruction Of their property
the Cuban riots which recently disgracsd this city The
Finance Committee Of the Council which the was
REFEREED addressed letter to Mr. RAsDKLL HUsT attorney
for Municipality No q inqurng whether and to what
tent the Municipality liable for the damage done in
legal the only sense would appear they dspos-
ed TO regard claims having their origin in the dsgaceul
competency Of the authorities Of the city.
The reply Of Mr. HUsT the Finance Committee every
worthy of that gen,lemans distinguished legal rspua-
ton and convincing and ncontroverbe legal opinion
,abishng the equitable liability the Corporation indemnify
sufferers from outrage, which duty has the power
to prevent.
Mr. Hunt his letter with brief review Of the
circumstances which preceded the riots and eoquen,y and
truhfuy observes "Our Municipality, heretofore dsn-
suished for peace and good order has exhibited scene
turbulence and disorder of awless violence and punder
the highest degree dsgracefu the magsacy of the
| and Of the city"
Mr. Hunt follows with rapid review Of the destruction Of
the Union" newspaper office and other rioous demonsa-
tions, animadverng in language Of just indignation the
Of moral and physical courage the public
n the emergency and gracefully approaching BY very ecis-
remarks, the following definition Of the rights in
| jured people under the circumstances:
g" principle Of universal justice that every act Of man
which loss damage another obge him by whose
fault happened to repair it. II is equally that every
person 10 in like responsible the damage
ed by his negligence failure to perform his duty. These
obvious rules of natural law binding Govern
mens well individuals. No doubts the duty of
TO protect its citizens against all injuries which
It can prevent The obligation protect necessarily implies
tO hIa
its citizens from injuries which easily be prevented or u
able to redress such injuries when inflicted unworthy of the
name of Government.
"Every in society parts with portion of bis natural
liberty that be may enjoy with safety and greater advantage
the rights essential his happiness. He contributes by
payment ofaxes and BY personal service support and de-
end the Government for the purpose Of enabling to
to him The enjoyment OF his personal security personal
liberty and private property. His allegiance and the proec-
ton due him by Government reciprocal duties Aliens
who reside among protected by Government and
laws they in local allegiance, and equally
bound with citizens to obey the general laws for the mane
Of peace aHd the oode which do relate
especially to cizess This says Kent is princi
pie Of justice and Of public safety universally adopted
most Of the States of the Union the right the citizen
to be secure and undsurbed in the enjoyment bis rights
person and property has been left general prn
cp but has been guaranteed by express provisions Of their
constitutions There such provision in the Consu
ton Of Louisiana, but the absence of the provision does
nvaldae or impair the force OF the principle.
"The first duty of the Government is to maintain the
premacy Of the laws and peace and good order
within the limits Of its Jurisdiction II is accordingly bound
to employ vgian faithful, prudent, and courageous
officers IT. through the of vigilance and proper con-
duct the part OF its officers through their neglect pus
anmy, ignorance, connvance and countenance the p
vae property Of CITIZEN his house his stock of goods in
bis store should be awesy and violently seized and destroy
ed by mob who could have been by the civil pow
the Government which bound protect his proper
y, bound indemnify him for the loss sustained by him.
This principle recognized by all political writers, and s
Qt ndatIn nOf
cple would be subvesve of oil law and liberty Liberty and
law are nseParably united. Indeed, liberty without law
loses its and its nature and degeneraes into centous
ness and anarchy Nothing could efectualy to
bring republican institutions into general odum and
tempt to declare that freeman may without trial, with
out law and against law, be deprived of his property by de-
uded volenca, at moment when from any cause no
matter what he may become object Of public prejudice
private spite 1t has been well said if in such moments the
civil power may sumbe without responsibility, the parcu
lar community in which the outrage may be pepeated may
look silent spectators of the enormy and be safe from all
liability The bossted freedom and protection of The citizen are
but empty sounds-mere unneanng words
'Tbe charter of the city Of New Orleans branch of the
Government Of the State constituted for the purpose of
abDg the State the better provide for that portion Of her
population within the city. II municipal corporations
and vests them with important powers Legislative and
tive amply adequate the Of the city and
tec the citizen from open violation Of his rights of person and
properly. These corporations expressly authorized to
pass all bylaws and ordinances for their better government
and for regulating the police and preserving the peace and
good order of the city, sec g. 1905 to make any re-
gulaons which may contribute the better Of
their affairs we'll for the maintenance of thr police
tranquility and safey.-[Sec !, act Of 1915 and Of
1861
"Within the sphere of his jurisdiction and the limits of his
the Mayor OF the city much the executive officer
the Stale is the Governor and the like may be said of
the Recorders Aldermen, and al the other officers of the Cor
poraton They all agents of the Government although
they hold their appointments Immediately under the charter
Of the city and the State much bound defend the
a0hn luso-
him from the wrongful acts Of any branch Of her municipal
ordans follows The citizens of the city Of New Orleans
shall have the right Of appointing the several public officers
necessary for the administration of the police OF the said city,
pursuant the mode Of elections which shall be prescribed
by the Legislature; and the Mayor Recorders and
Aldermen shall be commissioned by the Governor justices
of the peace and the Legislature may vest in them such Grim
ina jurisdiction the police and good order of
said city may require And the Supreme Court Of the State
in commenting upon the rights thus conferred upon the c
Of New Orleans, says Those political franchises stand
upon the ground any other constitutional power and
the city Of New Orleans and it's officers are, for purposes
Of police and good order, permanent funcionaes of
the Government Annual Rep 437.l
Again: "The Municipality being clothed with the power
do all that its police and good order require. and having
aed through the neglect and default Of its officers to
ect the property Of the petitioners when, by reasonable
exercise Of its powers the property could have been protected
justice requires that the Municipality should indemnify the
petitioners The burden should be specially borne by those
who have been especially blame by any act avowedy
Official the municipal authorities had expressly directed the
deny that the petitioners would hsve clear claim ndem
he