The Iola register., 1891-04-24


in Spanish vessel, as q demonstration
of respect as will signify to him and his
government the sense entertained by
the United States of the gross Injustice
done to his predecessor by lawless
mob as well as the indignity and insult
offered by it to foreign state with
which the United States are and wish
ever to remain on the terms of the most
respectful and pacific intercourse
But when pressed by the Spanish
minister to afford indemnity to Spanish
subjects injured with American eiti-
zens, Mr.. Webster declined to accede to
the demand and gave his reasons as fol-
lows: This government supposed that
the rights OF the Spanish consul. apub-
lie officer residing here under the pro-
lection of the United States govern
ment are quite different from those Of
the Spanish subjects who came into the
country to mingle with our citizens and
to pursue private business. The FORM
er may claim special indemnity. the lat
ter are entitled to such indemnity as
are afforded to our own citizens. There
fore, while the losses, of individual,
private Spanish subjects are greatly to
be regretted, yet ii is understood that
many American citizens suffered equal
losses from the same cause and these
private individuals, subjects of her
Catholic majesty, coming voluntarily to
reside in the United States have GER
tainly no cause OF complaint if they are
protected by the same laws and the
same administration of law as native
born citizens of this country. They
have IN fact some advantages over cit
izens OF the state in which they happen
to be in as much as they are enabled
until they become citizens themselves
to prosecute for any injuries done to
their persons or property in the courts
OF the United States or state courts at
their election" 1t is proper. however,
to add that two years after Mr.. Webster
wrote the foregoing note to congress. in
recognition OF certain magnanimous
conduct on the part of the
Queen of Spain on pardons
bestowed on Americans who had un-
justifiably invaded the island of Cuba,
enacted joint resolution approved BY
President Fillmore March ), 1853. the
last day of his term. indemnifying the
Spanish consul and other Spanish sub
jects for the losses sustained in the
New Orleans mob in 1851. The eonsid-
erations on which this resolution was
held not to contravene the original po-
sition of Mr.. Webster, were shared also
by President Fillmore. The right to a
judicial remedy which Mr. Webster as
sured to the Spanish subjects is like
wise assured to the Italian subjects.
The right is especially guaranteed in
the second section of the third article
49, hn
ster pointed out, the resident alien has
a privilege which is denied to the eiti-
zen.
The widows and children OF the citi-
zens who lost their lives by mob violence
may sue the leaders and members of the
mob only in the courts of the state of
Louisiana. while the widows and chill
dren Of Italian subjects who suffered
death have the right to sue each mem-
Der OF the mob, not only in the state
court, but also before the federal tribu-
nails for the district of Louisiana. IrO-
vision is made in the revised civil code
of Louisiana for redress of such griev-
anCeS as the widows and children of the
victims of the mob may plead. | quote:
'ArtiGle 2, I3i Every act. whatever
of man that causes damage to another,
Obliges him by whose fault it happens
TO repair the damage, and in case O.
death, in favor OF the minor children
and widow of the deceased, or of them.
and in default OF these, in favor of the
father or mother, or either of
them, for the space of one year from
death"
"ArticIe 2.316. Every person is re-
'pOnsible for the damaTe he occasions. |
not merely by his act, but by his negii-
yence, imprudence or his want of skill" |
"Article 232i-He who causes another
person to do an unlawful act, or assists |
)r encourages in the commission of it, |
S answerable in solid, with that person
or the damage caused by such act"
The government of the United States
would feel justified in resting on the ar
yument of the conclusion of Mr.. Web
'ter if the mob of March 14th did not |
n some of its characteristics differ from
he mob of 1851. But it is due to entire
'andOr, due to this government. and due
% the government of Italy, to point out
certain differences of which the govern
nent of the United States is honOrably
)Ound to take notice.
In the case of the mob. OF 1851, Mr..
Webster asserts that mo personal in
ury was offered to any one: that the po-
ice and other legal authorities did all
hat was possible to preserve the peace
md arrest rioters: that the mob acted
n the heat of blood and not in the pur-
uance OF any predetermined plan or
purpose OF injury or insult;that the mob
vas composed of irresponsible persons.
he names of none of whom are known
o the government OF the United States,
Ior, as far as the government is in
Ormed to its officers or agents at New
orleans"
AS soon as possible after the lament
ble occurrence at New Orleans the
resident directed the attorney general
o cause through his department full
inquiry to be made into all the facts
onnected Herewith, and solicited his
pinion whether criminal proceeding
Tould lie under the federal laws in the
ederal courts against persons charged
nth the killing Of Italian subjects. He
as not yet received the official report.
it be found that a prosecu-
ion can be maintained under
be statutes OF the United States.
he case will be presented to the next
rand jury according to the usual meth
ds of criminal administration. But
hould it be found, as seems probable,
hat criminal proceedings can only be
AIKEN in the courts of Louisiana, the
resident can in this direction do no
lore than to urge upon the state Off
ers the duty Of promptly bringing the
TENDERS to trial. This was done in
is telegram to the governor OF Louis
ina as early as the 10Th of March.
If it shall result that the case can be
rosecuted only in the state court OF
and the usual judicial inves-
CATION and procedure under the GRIM
lal law is not resorted to, it will be ,
len the duty of the United States to
)nsider whether some other form of