Los Angeles herald., 1891-04-16

pledged, but this assurance leaves un-
settled the important question whether
the treaty has been violated. Upon this
point, the president, with sufficient facts
placed before him, has taken full time
for decision. He now directs that GER
tain consideration in the general subject
be submitted to the Judgment of the
Italian government.
As precedent of great value to the
case under discussion, the president re-
calls the conclusion maintained by Web
ster, as secretary of state, in 1851. In
August of that year mob in New
Orleans demolished 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. Ameri-
can citizens were involved in the losses,
which in the aggregate were large. The
supposed cause of the mob was the in
telligence of the execution OF fifty young
Americans in Havana, and the banish-
ment to Spanish mines of nearly 20O
citizens of the United States. The vic
Tins were all members OF the abortlve
Lopez expedition. In consequence OF
these depredations of the mob upon
the property of the Spanish con-
sui, as well as against a Spanish
subject, Don Calderon de la Parca,
minister of Spain, demanded indemnifi-
cation for all losses, both official and
personal. Webster admitted that the
Spanish consul was entitled to indem-
nifty, and assured the Spanish minister
that if the injured consul. Laborde,
''shall return to his post, or any other
consul for New Orleans shall be ap-
pointed by her Catholic majesty's gov
ernment, the officers of this government
resident in that city, will be instructed
to receive and treat him with courtesy
and with national salute to the flag of
his ship, if he shall arrive in Spanish
vessel as demonstration of the 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 his predecessor
by lawless mob, as well as the indig-
nifty and insult offered by it to a foreign
state with which the United States are
and 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
jects injured by the mob, in common
with American citizens, Webster de-
clined to accede to the demands, and
gave his reasons as follows: "This gov
ernment supposes that the rights of a
Spanish consul, public officer residing
here under the protection of the United
States, are quite different from those of
Spanish subjects who have come into
the country to mingle with our own citi-
onA hara n M thoir
vate business and objects. The former
may claim special indemnity the latter
are entitled to such protection as is af
forded to our citizens. While, therefore,
the losses of individuals, private Spanish
it is understood that many American
citizens suffered equal losses from the
same cause, and these private indi-
viduals, subjects of her Catholic maj
esty, coming voluntarily to reside in
cause of complaint if they are protected
istration of law as the native-born citi-
zens of this country. They have, in
fact, some advantages over the citizens
of the state in which they happen to be,
inasmuch as they are enabled. until
tACy pCCOHlC ClttLCuc tlCHlcClNCE, W
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 later, congress in recognition OF
certain magnanimous' conduct on the
part of the queen of Spain, in pardons
bestowed upon Americans who had un-
justifiably invaded the island of Cuba,
enacted joint resolution indemnifying
the Spanish consul and other Spanish
subjects for losses sustained. 1t was
held, however, not to contravene the or
iginal position of Webster, shared also
by President Fillmore. The rights to
judicial remedy, which Webster assured
to Spanish subjects, is likewise assured
to Italian subjects. This right is spe-
cially guaranteed in the second Sec
ton, third article, of the constitution,
and, as Webster points out, the resident
alien has privilege which is denied to
the citizen. The widows and children OF
citizens who have lost their lives by mob
violence, may sue the leaders and men,
bers of the mob, only, in the courts of
the state of Louisiana, while the
widows and children OF Italian subjects
who suffered death, have 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 re-
vised civil code of Louisiana for the re-
dress of such grievances as the widows
and children OF victims of mob may
plead.
Blaine here quotes from the statutes
of Louisiana, and continues: The gov
ernment of the United States would feel
justified in resting on the argument and
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 entire candor-
due to this government and due to the
government of Italy-to point out cer-
tain 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 per-
sonal injury was offered to anyone !"
that the 'police and other legal author
tiles did all that was possible to preserve
order, and arrest the rioters )" that "the
mob acted in the heat of blood, and not
in pursuance OF any predetermined
plan or purpose OF injury, or insult"
that "the mob was composed of ire
sponsible persons, the names of none
of whom are known to the government
of the United States, nor so far as the
government is informed, to its officers
resident in New Orleans"