New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-03
INJUSTICE DONE TO MINISTER oUEsADA.
HIS DECISION as ARBITRATOR OF THE oBER-
LANDER CLAIM AGAINST MEXICO.

HIS DECISION as ARBITRATOR OF THE oBER-
LANDER CLAIM AGAINST MEXICO.
Washington Feb 2 Epeciar.-Some injustice
seems to have been done In recent comments IN
American newspapers to Sehor Don Nincente de
Ouesada the Argentine Minister TO Spain. who, as
arbitrator Of the Obera nder Messenger claim urged
by the United States upon Mexico. gave month
or two ago a decision wholly favorable 10 INC
Mexican Republic. Stories have been puoished
which limited ut the arbitrators hostIity 10 .ins
country and the impression mas been conveyed tha'
the decision was q more or less partial one. me
publication In The Two Republics, he"sPapei
printed in English in the City Of Mexico OF the iuI
text OF Minister Ouesada's opinion seems 10 sho"
the groundlessness OF such an impression ana
goes far toward justifying the complete sincerity
and impart!aty OF the aroitrators judgment
Oberlander was arrested IN Mexico IN le'- wH''o
irving 10 take into custody a Mexican nameu ~ "a,
WIN WA wanted at San Diego, Cal, on criminal
charge He attempted 10 escape. was recaP'uie"
and held a prisoner for time and TOT ti.s IN
pr,sonment with certfin incidental injuries He '
ceivcd ne brought claim for indemnity asd'''''
Mexico According 20 Oberlander's view, ne was
,-,,,.rned hv the Mexican authorizes the mousse
~ Mrs Barbara NJ Messenger whose guest nc
Was being broken into 10 secure his alles'' .i''
,s,er Ouesada IN his decision, rec.tcs all 'he ID"
brought forward BY the two parties at issue anu
then denies the validity Of Oberlanders cia'in ."
tho broad ground that he failed TO appear lor re-
dress % the proper sources, nancy 'ie le'
,d r9oderal courts OF Mexico. 1T IL estao!!sheu
saws the Minister. that in the present -
Oberlander who denounced the c'''''e w.
Territorial Judge ard Mrs Messenger. "nese nus
band freely and spontaneously gave Has go, w.,
herore the same Judge. brought no criminal anu
,,1 cult. before the Territorial tribunals ou' pro-
ceeded through diplomatic channels without CAUSE
authority right privilege to take such exec,
t,onal measures and In opposition 10 'he dloe
doctrines Of international rights
.Tha. the American Government has estaolSHeu
precedents similar cases, opposing the ciaii's %
| ,oreioners who claimed indemnity. though alded
and protected by diplomatic channels as Is s"o""
| nv President Cleveland IN his Message 10 congress
| Nav G. 1886 by reason OF the claims mdue oE ',0
rnga.ion OF China. and he denied and refused the
| Diplomatic Intervention even when he amltteu d.
srardalous events the occurrences at Rock springs
Wvo' and added that the facts SHOWN Were
that a number OF Chinese subjects in SepIeH'Oei
,ast Oss7 were asssssinated IN Rock Springs that
MANY others we're wounded. and that all were
| despoled OF their goods after the unhappy sur
vivors had been thrown out OF their houses.
That in this document President Cleveland ne
clared that the United States Government was no,
crimes. Designating In consequence me GpTanSeo
the Chinese Legation; that the words OF 10
G Geye af r' in ana Virtue Of his Instructors
makes these deeds the basis Of an appea 10 mo
room for any reparation on Our part But wnen
be frh s S Sna akSe aT in pa St
in which the property Of American citizens IN nina
las been conlpr omised and sustains thai tneIe
a reciprocal obligation the part Of the Inited
states TO Indemnify the Chinese subjects ihJuleo
at Rock Springs. he makes II Necessary TO
stail his argument and TO deny with all emphasis
the conclusions which the Minister underla,kes- 20
daducc I'm respect the existence OF similar re-
sponsiblity and the right OF the Chinese Govern
uient 20 insist on H.. 49, a,,,, 80,
"That in view OF what has been officially OK
nounded by the President OF the United states ana
Ire presidents under consideration. this is the ooc
trine of International right which ought to be APP
% led 10 the present case On these bases oeCIaIe
;hor rho Government OF the United Mexican star rs
s NOT obliged 10 pay any kind OF claim 10 Charles
Obnr,on6er nor 10 Mrs Barbara NJ Messenger