The times. [volume] (Richmond, Va.) 1890-1903, 1891-04-16

decision He now directs that the cousidera-
tons of general subject Dee submitted T. the
judgment oi an Italian government
As precedent of gr al value the case I'M
der con7ileratiun recalls the conclusion MAIN
tlret UN Alr. Webster i'm 1851. when he was
Sccrciarv ot State under President Fillmore.
Il August Of That wear mob ln Now Orleans
demolished The iuIiiug in wDicn the Office
oi spanish consul was located. and at the
Same time attacks were made upon coffee
houses and coear shops kept by Spanish
SUBJECTS. American citizens We're involved
N the losses. which, in the aggregate, were
large.
TIE CAUSE OF THE MOB.
Tho supposed cause Of the mob was the in
tcll-ouce OF the execution OF fifty young
Americans in Havana and tie banishment d
Spanish mines of u early two hundred citizens
oi the United States. The victims We're all
members 81 theahlrtive Lopez expedition. I'm
Consequence of these dcpredatlons of "a mob
upon the property of the Spanish Consul as
well as against the Spanish subjects. Don Cal
derou Dc ia larca, the Minister Of Spain,
demanded iutemnIicatlOn for all the losses,
both official and personal.
Ar. Webster admitted that the Spanish
consul was entitled t. indemnity and assured
tle Spanish Minister that II the injured con-
sal. Mr Labordc. shall return 20 BIS post
or any other consul for New Orleans snail bee
appointed by her Catholic Maiestys govern
meut. the officers of this government resident
in that city will be instructed TO receive and
treat him with courtesy and with national
salute o. the flag Of his ship. when he shall
arrive IN "a Spanish vessel AS "a demonstration
Of respect. such AS may signify 10 him and 20
his Government ln view of the gross injury
done % his predecessor 10y a lawless mob. rs
we'll as the IudlIulty and insult offered 10y 1t
t. a foreign state with which the mted
States are and wish ever to remain on terms
of the most respectful and pacific inter
course
INDEMNITY DECLINED.
But when pressed by the Spanish Minister
% afford indemnity tO Spanish subjects In
jurcd boy the mob i'm common with American
citizens. Mr.. Webster declined TO accede 10
the demand. and gave his reasons as follows:
This Government supp0scs that the rights
Of % Spanish Consul a public officer residing
here under the protection Of the Duited States
Government are different from those of
Spanish subjects who have come into the
country % minglc with our citizens. and are
here o. pursue their private business and OBJ
ieots. IEcformer may claim special indemnity,
the latter are entitled 10 such protection rs is
afforded 10 our own citizens. While, therefore.
the losses IF individuals. private Spanish
subjects. are greatly 10 be regretted, vet II IS
understood tlat many American citizens sui
ferel equal losses from the same cause and these
private individuals subjects of her Catholic
Majesty. coming voluntarily 70 reside IN the
United States have certainly No cause Ot
complaint They are protected 10y the same
laws and the same administration of law
a- native born citizens Of tins
country. They have. in fact, some adyan-
taCg- over citilcns IF the state IN which they
mly happen O. lnasmuch as they are en-
ublri. until they become citizens themselve-,
o. prosecute for amy injuries done % their
persons or property, IN the courts Of the
United States or the State courts at their
election
INDEMNITY FINALLY GRANTED.
1t is proper. however. 10 add that two
years after Mr.. Webster wrote the foregoing
note. Congress. in recognition Of certain
macuanimous conduct Eon the part of the
Queen OF Spain. bestowed pardon on Amen
cans who had unju-tniably invaded the Is
land of Cuba enacted q Joint resolution ap-
proved 10y President Fillmore, March 3, 1898.
the last day OF hls term, lndemnnyng the
Spanish Consul and other Spanish subjects
for the losses sustained in the New Orleans
mob of 1851. The considerations upon which
thes,I solutions We're passed were held not 70
c0utrayene the original position OF Mr.
Webster. shared also bY President Fillmore.
The right b. judicial remedy which Mr..
Webster assured Go the Spanish subjects Is
likewise assured 20 the Italian subjects The
night is especially guaranteed in the 2d sec
ton If "a article of Constitution As Mr..
Webster points out the resident alien has "a
privilege which is denied to the citizens. The
widows and children of citizens VINO lost their
lives by mob violence mavsue the leaders and
members of the mob only in the courts of the
State of Louisiana. while the widows and
children of the Italian subjects who sulcr
death have the right 10 sue each member of
tine mob. not only IN the state courts, but
also before the Federal tribunals Of the dis
trict of Louisiana.
PROVISION OF THE CIVIL coDE.
Provision is made in the revised civil code
of Louisiana for redress of such grievances as
the widows and children Of the victims Of the
mob may plead. / quote: Article 3, 23ll
Every act of man whatever that caused dam
ages to another Obliges him 10y whose fault i
bias happened To repair IT, The right of this
action shall survive IN case of DEATH IN favor
Of minor children and widow of deceased, or
either Of them and in default Of these in
favor of surviving father OF mother. or either
of them. for the space ot ono year from the
death. Article 25l6-E Every person Is respon-
sible for the damage he occasions, not merely
by his act. hut by his negligence. his impru-
dence or his want Of skill. Article 2324-He
who causes another person to do an
cd51as. onI%w Sst the coas,ion @s1ss Or Of en- II
is auswerable az sohD with that
person for the same caused hy such act
"Ihe Government of lLe United States would
feel justified in resting on afgumont and the
conclusion OF Mr.. " cDster, III the mob OI
March "a, 1891, did not, IN some of It's charac-
toristics, differ from the mob Of 1s5l.'
THE DIFFERENCES POINTED OUT.
But it is due 10 the entire candor due 10
this Government. and due 10 the Government
of Italy. % point out certain differences of
which the Government of the United States
j. honombly bound TO take notice. In the
case of the mob of lo5l Mr.. Webster asserts
that no personal injury was offered 20
cal authorities did all that was possible
t0 preserve the peace and arrest the rioters"
that the mob acted in the heat Of blood. and
not in pursuance of any premcditated plan If
mpditated injury or INSULT that the mob
was composed of irresponsible persons, the
names of mono Of whom are known To the
Government. or. so far as tho Government IS
t. It's officers or agents IN New Or
leans
PROMPT ACTION REQUESTED.
As promptly as possible after the lamentable
occurrence at New Orleans the President
directed that the Attorney General cause
through his department fun inquiry 10 be
made intoa all the facts connected herewith,
and solicited his opinion whether any
criminal proceedings would lie under Federal
laws OF the Federal courts against persons
charged with the killing of Italian subjects.
He has not vet received the oficialreport. lflt
be found that prosecution can be maintained
under the statues of the United States the
case will be presented 10 the next grand jury
according 10 the usual methods Of crml-
nal administration, but II II shal.
be found rs seems probable; that