Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1891-05-01

OF these depredations of the mob upon
the property OF the Spanish consul as
well as against Spanish subjects, Don
Calderon de Laparza, minister de-
manded naturalization for all losses.
both official and personal. Webster
admitted that the Spanish consul was
entitled to indemnity and assured the
| Spanish minister that ''if the injured
consul. Mr.. Laborde shall return to
his post or any other consul for New
Orleans be appointed by her Catholic
majesty's government the officers OF
this government resident in that city
will be instructed to receive and treat
him with courtesy and with the ma
tional salute to the flag OF his ship if
he shall arrive in Spanish vessel as
"a demonstration of respect such as
may signify to him ami TO his govern
ment the sense entertained by the gov
eminent of the United States of the
gross injustice done to his predecessor
by a lawless mob, as well as indemnity
for the insult offered by it to foreign
state with which the United States are
and wish ever to remain on terms OF
the most respectfr. and pacific inter-
course" But when pressed by the
Spanish minister to afford indemnity
to the Spanish subjects injured by the
mob in common with American citi-
zens, 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 govern
ment are quite different from those of
Spanish subjects, who have come into
our country to minglc with our own
citizens ana are here to pursue their
private business and objects. The for
mer may claim special indemnity; the
latter are entitled to such protection
rs is afforded to our own citizens.
While therefore, losses to individuals,
private Spanish subjects, are greatly
TO be regretted. yet it is understood
that many American citizens SUI
fered equal losses from the same
cause, and those private
individuals, subjects of her Catholic
majesty, coming voluntarily to reside
cause to complain if they are protected
by the same laws and the administra-
ton OF the law as the native born citi-
zens of this country. They have, in
fact some advantages over a citizen OF
the state in which they happen to be.
inasmuch as they are enabled under it
to become citizens themselves, to pro-
sccute for any injuries done to their
persons or property in the courts of
the United States or state courts at
their election" Two years after Web
ster wrote the foregoing note congress,
in recognition of certain magnanimous
conduct on the part of the queen of
Spain in pardons bestowed upon Amer
leans who had unjustifiably invaded
the island of Cuba. enacted Joint res
olution indemnifying the Spanish con-
sui and other Spanish subjects for the
losses sustained in the New Orleans
moo of 1851. The considerations upon
which this resolution was passed were
such as to contravent the original posi-
ton of Webster shaded also by Presi-
dent Fillmore. The right to judicial
remedy which Webster assured to
Spanish subjects is likewise assured to
Italian subjects. The right is specially
guaranteed in the second section of the
third article of the constitution. And.
as Webster points out resident alien
has privilege which is denied to u
citizen. The widows and children of
citizens who lose their lives by mob
violence may sue the leaders
ana members of the mob only
in the courts of the state of Louisi-
ana, while the widows and children OF
the Italian subjects who suffered death
have u 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. Pro-
vision is made in the revised civil code
OF Louisiana for the redress of such
grievances us the widows and children
of the victims OF mob may plead.
Blaine here quotes from the statutes
OF Louisiana, and continues. The
government of the United States would
feel justified in resting on the argu-
ment ana conclusion of Webster if the
mob of March IA, 1891, did not in
some of its characteristics differ from
the mob of 1851. But it is due to can
dor, due to this government and due
to the government OF Italy to point
out certain differences 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
offered to any one; that the police
and other legal authorities did all that
was possible to preserve the peace and
arrest the rioters; that the mob acted
in the heat OF blood and not in pur-
suance of any premeditated 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
eminent is informed, to its officers in
New Orleans" As promptly as pos
sible after the lamentable occurrence
Mt New Orleans the president
directed the attorney gen.
eral to cause through his department.
II full inquiry to be made into all the
facts in connection herewith, and
solicited his opinion whether any Grim
inal proceedings would lie under the
| federal laws in federal courts against
persons charged with the killing OF
Italian subjects. He has not yet re-
ceiyed the official report. If it be
found that prosecution can be main
tanned under the statutes of the United
States the case will be presented to the