, 1891-04-16

cured to them under the treaty with the
United States concluded Feb. 20, 1871"
Marquis Rudini may be assured that
the United States would recompense every
Italian subject who might "be wronged
by the violation OF a treaty" to which
the faith of the United States is pledged,
but this assurance leaves unsettled the
important question whether the treaty has
been violated. Upon this point the pres
ident, with the facts placed before him.
has taken full time for decision. He
now directs hat certain considerations in
the general subject be submitted to the
judgment of the Italian government. As
a precedent Of great value to the case un
der discussion, the president recalls the
conclusion maintained by Webster as sec
rotary of state in 1851. In August of
hat year a mob in New Orleans demol
ished the building in which the Office OF
the Spanish consul was located. and at
the same time attacks were made upon
coffee houses and cigar shops kept by
Spanish subjects. American citizens we're
involved in losses which, in the aggregate,
were large. The supposed cause of the
attack of the mob was the intelligence of
the execution of fifty young Americans 10
Havana, and the Punishment TO the
Spanish mines of nearly 200 citizens OF
the United States. The victims were all
members of the abOritivc Lopez eXDedi-
ton.
In consequence OF the d~epredations OF
the mob upon the property of the Span
lsh consul, as well as against Spanish sub
iects, Don Calderon de la Parca. minister
of Spain, demanded naturalization for
all losses, both official and personal.
Webster admitted hat the Spanish CON
sui was entitled to indemnity, and a.
sured the Spanish minister tn It if the iu-
j1red consul, Laborede, shall return to
his post, or any other consul Tor New
Orleans shall be appointed by her Cath
Ole majestY's government, the officers OF
this government resident in that city will
be instructed to receive and treat him
with courtesy. and with a national salute
to the flag of his ship, it he shall arrive in
a Spanish vessel, as a demonstration of
respect such as may signify to him and to
his government. the sense entertained by
the government OF the United States Of
the gross injustice done TO his predeces-
sor by a lawless mob, as we'll as the in
dignity and insult offered by it to a
foreign state with which the United
States are aud wish ever to remain on
terms OF most respectful and pacific
Intercourse.
But when pressed BY the Spanish min
lister to afford indemnity to Spanish sub
iects injured by the mob, in common with
American citizens, Webster declined to
accede to the demands and gave his
reasons as follows: This government
supposes that the rights of the Spanish
consul, a public officer residing here under
the protection OF the United States. are
quite different FROM those of Spanish sub
jects who have come into the country to
miugle with our own citizens, and are
here to pursue their private business aud
objects. The former may claim special
indemnity, but the latter are entitled to
such protection as is afforded to our own
citizens. While, therefore, the losses of
Northumberland Spanish subjects
are greatly to be regretted, yet it is under
stood that many American citizens suffered
equal losses from the same cause, and
those private individuals, subjects of her
Catholic majesty, coming voluntarily to
reside in the United States have certainly
no cause of complaint il they are protected
by the same laws and the same admins
tration of law as the native born citizens
of this country. They have, in fact, some
advantages over the citizens of the state
in which they happened to be, inasmuch
as they are enabled, until they become
citizens themselves, TO prosecute for any
injuries lone 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 later con-
gress, in recognition of the magnauimous
conduct on the part of the queen of
Spain in pardons beloved upon Amer
cans who had unjustiiably invaded the
island of Cuba, enacted a Joint resolution
indemnifyiDg the Spanish consul and
other Spanish subjects for losses sustained.
1t was hell, however, not to contravene
the original position of Webster, shared
also by President Fillmore The right to
judicial remedy, which Webster assured
to Spanish subjects, is likewise assured to
Italian subjects.
The right Is especially guaranteed in the
second section of the third article of the
constitution. and, as Webster points out,
a resident alien has a privilege which is
denied to the citizen. The widows and
children of citizens who lost THEN 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 children of Italian subjects who
suffered death haye the right to sue each
member of the mob, not only in the state
courts but also before the federal tribunals
for the district of Louisiana. Provision is
made in the revised civil code o Louisiana
for the redress of such grievances as the
widows and children of the victims of a
mob may plead.
Blaine here quotes from the statutes of
Louisiana and continues: The govern
ment Of the United States would feel just
flied in resting on the and con-
clusion of Webster if the mob of March
IA, 1891, did not in some of its charac-
t]eristics differ from the mob of 1851. But
it is due to entire candor. due to this gov
eminent and due to the government of
Italy. to point out certain dl tferences of
which the government of the United
States is honOrably bound to take notice
In the case OF the mob of 1851 Webster
asserts that no personal injury was of
Tered to any one;' that the police and
other legal authorities did all that was
possible to preserve peace and arrest the
rioters" that the mob acted in the heat
of blood and not In pursuance OF any pre-
determined plan or purpose of injury or
insult" that the mob was composed of
irresponsible persons. the names of none
of whom are known to the government OF
! the United States, nor, so far as the gov