Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-06-26
PROPOSED INDEMNITY TO SPANISH sUBJEcrs
AT NEW ORLEANS AND KEY WEST.

lations, yesterday submitted the following Report
to the Senate:
The Committee on Foreign Relations, to whom was re-
fed the message of the President of the United Staes
Of the 18th June, 1852 communicating report from the
Secretary Of State together with letter from Senior DoS
CALDERos BARoA Minister of Spain to the United
States claiming indemnity for losses sustained by certain
Spanish Subjects by the unlawful violence Of mob in
New Orleans consequent hearing of the execution Of
certain persons who unlawfuy invaded the Island Of
Cuba in August, 1851 with the Recommendation Of the
President contained in said message that the indemnity
should be granted for the therein set forth have
had the same under consideration.
AT the same time with the foregoing the committee had
brought under their consideration two resolutions of the
Senate, the nsructing them to inquire into the
prprey Of authorizing the President Of the United States
to have investigation made whether any Spanish subjects
not citizens Of the United States have sustained DAMAGE
by loss OF property otherwise in consequence of pub
lie outbreak or violence in the State of Louisiana
ing out Of the late Cuban expedition and into the pro-
priey Of authorizing the President to make indemnity to
the Spanish such Spanish subjects for said
DAMAGE; and the other instituting like INQUIRY into
losses Of like character by subjects Of Spain in Florida
The committee having given the subjects thus COM
med to them the full consideration which their peculiar
character would seem to require respectfully report
From information before the committee it appears that
large number OF persons most of whom were not citi-
Gems OF Louisiana had assembled in the city Of New Or
leans with the intent Of reinforcing those who had sailed
for Cuba in the illegal and highly cupabe expedition
spoken of the message of the President and were there
awaiting the means of transportation when intelligence
was received of the capture and execution by the autho
rites Of Cuba of certain of their comrades already landed
in that island
The sensation produced by this intelligence amongst
band OF awless men, assembled for purpose forbidden
alike by the laws and by good morals led them at once
to the preparation Of the acts of violence complained Of
Banding themselves together in open violation of the laws
OF the State where they were assembled and in defiance
Of the attempts of the local authorities to restrain or dis
perse them they proceeded to ayenge their disappoint-
ment by acts of violence upon the peaceful and unoend
ing subjects of Span then residing in New Orleans in
sung their persons and wasting and destroying their
property.
The committee satisfied that these outrages were
committed chiefly if exclusively by persons assem-
bled at New Orleans of the character for the objects
indicated above and that they nstgated and melted
by spirit of revenge learning the capture and execu
ton of their cupabe associates who had preceded them
in the invasion of the dominons of Spain.
Under these facts the question is presented by the
papers referred whether it is incumbent the United
States either by treaty stpuatons in national faith
or if not incumbent then whether under the special
circumstances of the case and in the view by
the message the President there are not considerations
growing out of the magnanmous courtesy exhibited by
the Queen of Spain towards the United States in promptly
extending at the request of the American Minister at
Madrid, free pardon to the survivors Of the invasion
who were captured alive which would impose upon this
Government obligations towards Spain sacred those
resulting from actual contract.
After careful examination of the treaty Of 1885, cited
in the communication Of the Minister of Spain the COM
mittee find nothing either in its letter its spirit
which imposes this Government the duty of providing
the indemnity in question. The 18th article which is
more particularly referred to- is limited altogether
state Of and it be said in any sense nor is it
alleged on the part of Spain that existed between
the two nations at the time those injuries done to
the subjects of Spain.
Neither does the committee find any obligation on the
United States arising of the good faith of nations to
each other to provide the indemnity asked for the losses
sustained on the occasion inquired into
Whilst it may be admitted that Government is bound
to provide for the security all who live under the protec
ton laws well in their property in their persons
and that aliens permitted to reside there much
so entitled as citizens yet it cannot be claimed that any
such relation pertains between citizens or residents in
any of the States and the Government of the United
States The jurisdiction Of the Government of the United
States over the and property Of those within it's
territory is strictly limited by the Constitution There
power conferred by that instrument provide by
law for the security either Of private persons their pro-
perty within the States in time of peace unless it
may be by treaty stipulation neither if the laws of the
States themselves inadequate afford such protec-
on is it competent this Government interfere or
control the subject Foreigners who to reside in
any of the States Of presumed do so with
knowledge Of the laws to which they submit themselves
well those which constitute and regulate government
those Of ordinary civil municipal character and it
results should the local law refuse redress for mere per-
sona wrongs such foreigners have claim by appeal to-
this Government
But although in the opinion of the committee there is
actual obligation the Government of the United
States to provide the indemnity claimed by Spain in this
behalf yet they grafed in having IL in their power
to recommend it nevertheless without the risk Of esa
mittee fully adopt the sentiments Of the President when
he declares in his message that
The Queen Of Spain with q magnanimty worthy of
all commentator, in where had legal right
to solicit the favor having granted free pardon to the
persons who had unustiaby invaded her dominions
and murdered her subjects in Cuba in violation of her
own laws well those of the United States and the
public law of nations. Such act Of mercy which re-
stored many misguided and unfortunate youths of this
country TO their parents and friends TO me to merit
corresponding act of magnanimy generosity on
the part this country and think there be none
appropriate than to grant indemnity those Spanish
subjects who resident among and who suffered
by the violence Of the mob account of anv ant
which they had committed themselves, but because thew