New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-16
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gregate were large The supposed cause Of the mob
the intelligence Of the execution OF fifty young
Americans In Havana and the Punishment TO Spanish
mines OF nearly 200 citizens Of the United states Tho
victims were all members OF the abortive Lopez ex
pedtion.
In consequence Of these depreiatons Of the mob
upon the property OF the Spanish Consul, as well g
against the spanish subjects, Don Caderon dc Ia
Parca the Minister of spaiS demanded ndemnihcation
for all the losses, both Official and personal.
Mr.. Webster admitted that the Spanish Consul was
entitled to indemnity and assured the spanish Minister
that II the injured Consul, Mr. Laborde shall return
TO his post or any other Consul for New0rieans shall
be appointed by Her Catholic Majesty's Government
the officers OF th, 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 II he shall arrive In Spanish vessel, as dem
onsraton OF respect such may signify to him, and
to his Government the sense contained by the Gov
ernment Of the United States Of the gross injustice
done to his predecessor by lawess mob as well as
the ndgnity and insult offered by IT TO foreign state
with which the United States are, and wish ever TO
MAN, on terms Of the most respectful and pacific In
tercourse.'
But when pressed by the Spanish Minister to afford
indemnity to Spanish subjects injured by the mob In
common with American citizens, Mr.: Webster declined
to accede to the demand and gave his reasons as
follows:
This Government supposes that the rights of the
Spanish Consul, public officer residing here under
the protection Of tho United States Government,
quite different from those of the Spanish subjects who
have come into the country TO mingle with our own
citizens, and here to pursue their private business aud
objects The former may claim special indemnity;
the latter entitled to such protection is afforded
to citizens. While, therefore, the losses Of
individuals private Spanish subjects are greatly to be
regretted, yet it 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 certainly cause OF complaint II they
are protected by the laws, and the same ad-
ministraton Of law, as natvebon citizens OF this
country They have, in fact, some advantages over
citizens of the State In which they happen to be In
asmuch as they are enabled, until they become ct-
themselves to prosecute for any injuries done to
their persons or property in the courts Of the United
States or the State courts at their election
1t is proper, however, to add that two years after
Mr.. Webster wrote the foregoing note Congress, in
recognition Of certain magnanimous conduct on the part
Of the Queen OF Spain, In pardons bestowed upon
Americans who bad unjustifably invaded the island
Of Cuba, enacted joint resolution, approved by
President Fillmore March 3, 1s53 the last day Of his
term, indemnifying the Spanish Consul and other
Spanish subjects for the losses sustained in the Now
orleans mob of 1851 Tho considerations upon which
this resolution passed held not TO contravene
the original position Of Mr. Webster shared also by
President Fillmore.
The right to judicial remedy which Mr. Webster
assured to the Spanish subjects is likewise assured to
the Italian subjects The right is specially guaranteed
in the second section Of the third article OF the
Constitution. And, Mr.. Webster points out, the
resident alien has privilege which is denied TO the
citizen. The widows and children Of the citizens who
lost their lives by mob violence may sue the leaders
and members Of the mob only in the courts OF tho
State of Louisiana; while the widows and children Of
the Italian subjects who suffered death have the right
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 ID
Louisiana for redress OF such grievances the widows
and children Of tho victims Of the mob may plead.
quote
"Article 2,314-Every act whatever Of man that
causes damage to another oblges him by whose fault
it happened to repair it, The right of this action
shall survive in Of death, in favor Of the minor
children and widow Of the deceased, either OF them,
and in default of these in favor Of the surviving father
or mother either of them for the space of one year
from the death.'
"Article 2,316-Every person is responsible for the
damage he occasions, not merely by his act but by his
negligence, his imprudence, Or his want of skill.
ARTICLE 2,324-He who causes another person to do
an unlawful act or assists or encourages in the
mission Of it, is answerable In soldo with that person
for the damage caused by such act'
The Government of the United States would feel
justified in resting the argument and conclusion OF
Mr. Webster II the mob Of March ID, 1891, did not In
Of its characteristics differ from the mob OF 1851
But IL is to entire candor due to this Government
and due to the Government of Italy, TO point out GER
tain differences of which the Government OF the United
States Is honorably bound to take notice.
In the case of the mob of 1851 Mr. Webster asserts
that personal injury was offered TO any one" that
the police and other legal authorities did oil that was
possible to preserve the peace and arrest the rioer
that the mob acted in the heat of blood, and not in
pursuance Of any predetermined plan or purpose OF
injury or lnsult" 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 or
agents in New Orleans"
As promptly as possible after the lamentabe occur
renee at New-Oreans the President directed the Attor
ney-General TO cause through his Department full
inquiry TO be made into all the facts con-
nected Herewith, and solicited MS opinion whether
any criminal proceedings would lie under the
Federal laws in the Federal Courts against per
sons charged with the killing Of italian subjects.
He has not yet received the official report. II II be
found that prosecution be maintained under the
statutes Of the United States the case will be presented
to the next Grand Jury, according to the usual meth
DDS OF criminal administration. But IL 1t shall be
found as seems probable, that criminal proceedings
can only be taken in the courts OF Louisiana, the Pes
dent can In this direction do no more than to urge
upon the State officers the duty OF promptly bringing
the offenders to trial. This was done In his telegram
TO the Governor Of Louisiana early as the 18th Of
March.
If IL shall result that the can be prosecuted
only in the State couCts Of Louisiana and the usual
judicial investigation and procedure under the criminal
law is not resored to- will then be the duty Of the
United States TO consider whether some other form OF
redress may be asked
1t is understood that the State Gcand Jury Is now
nd uhiIa IL
a ,uv NAV fail 10 present indictments, the United
states cannot assume that such will be the case.
The United States did not by the treaty with Italy
hecome the insurer OF the lives property of Italian
srh,ects resident within our territory No Govern
ment is able, however high its civilization, however
ycant its police supervision, however severe It's cm-
noI code and however prompt and inhexible ts
crImnal administration, TO its citizens
AGAINST violence promoted by individual malice by
nahou, nnnnlar tumult The FOREIGN resident must be