turned, forced their way into the office, destroyed all the remaining furniture, threw the archives into the street, defaced the portraits of the Queen of Spain and of the Captain-General of Cuba, and tore in pieces the flag which they found in the office. This is believed to be a true account of every thing material which took place.

The undersigned has now to say, that the executive government of the United States regards these outrages not only as unjustifiable, but as disgraceful acts, and a flagrant breach of duty and propriety; and that it disapproves them as seriously, and regrets them as deeply, as either Mr. Calderon or his government can possibly do. The Spanish consul was in this country discharging official duties, and protected not only by the principles of public and national law, but also by the express stipulations of treaties; and the undersigned is directed to give to Mr. Calderon, to be communicated to his government, the President's assurance that these events have caused him great pain, and that he thinks a proper acknowledgment is due to her Catholic Majesty's government. But the outrage, nevertheless, was one perpetrated by a mob, composed of irresponsible persons, the names of none of whom are known to this government; nor, so far as the government is informed, to its officers or agents in New Orleans. And the undersigned is happy to assure Mr. Calderon, that neither any officer or agent of the government of the United States, high or low, nor any officer of the State of Louisiana, high or low, or of the municipal government of the city of New Orleans, took any part in the proceeding, so far as appears, or gave it any degree of countenance whatever. On the contrary, all these officers and agents, according to the authentic accounts of the Mayor and District Attorney, did all which the suddenness of the occasion would allow to prevent it.

The assembling of mobs happens in all countries; popular violences occasionally break out everywhere, setting law at defiance, trampling on the rights of citizens and private men, and sometimes on those of public officers, and the agents of foreign governments, especially entitled to protection. In these cases the public faith and national honor require, not only that such outrages should be disavowed, but also that the perpetrators of them should be punished wherever it is possible to bring them to justice; and, further, that full satisfaction should be made,

in cases in which a duty to that effect rests with the government, according to the general principles of law, public faith, and the obligation of treaties.

Mr. Calderon thinks that the enormity of this act of popular violence is heightened by its insult to the flag of Spain. The government of the United States would earnestly deprecate any indignity offered in this country, in time of peace, to the flag of a nation so ancient, so respectable, so renowned, as Spain. No wonder that Mr. Calderon should be proud, and that all patriotic Spaniards of this generation should be proud, of that Castilian ensign, which, in times past, has been reared so high, and waved so often over fields of acknowledged and distinguished valor; and which has floated also, without stain, on all seas, and especially, in early days, on those seas which wash the shores of all the Indies. Mr. Calderon may be assured that the government of the United States does not and cannot desire to witness the desecration or degradation of the national banner of his country.

It appears, however, that in point of fact no flag was actually flying, or publicly exhibited, when the outrage took place; but this can make no difference in regard to the real nature of the offence, or its enormity. The persons composing the mob knew that they were offering insult and injury to an officer of her Catholic Majesty, residing in the United States under the sanction of laws and treaties, and therefore their conduct admits of no justification. Nevertheless, Mr. Calderon and his govern. ment are aware that recent intelligence had then been received from Havana, not a little calculated to excite popular feeling in a great city, and to lead to popular excesses. If this be no justification, as it certainly is none, it may still be taken into view and regarded as showing that the outrage, however flagrant, was committed in the heat of blood, and not in pursuance of any predetermined plan or purpose of injury or insult.

The people of the United States are accustomed, in all cases of alleged crime, to slow and cautious investigation and deliberate trial before sentence of condemnation is passed, however apparent or however enormous the imputed offence may be. No wonder, therefore, that the information of the execution, so soon after their arrest, of the persons above referred to, most of whom were known in New Orleans, and who were taken, not

in Cuba, but at sea endeavoring to escape from the island, should have produced a belief, however erroneous, that they had been executed without any trial whatever, and caused an excitement in the city the outbreak of which the public authorities were unable for the moment to prevent or control.

Mr. Calderon expresses the opinion, that not only ought indemnification to be made to Mr. Laborde, her Catholic Majesty's consul, for injury and loss of property, but that reparation is due also from the government of the United States to those Spaniards residing in New Orleans whose property was injured or destroyed by the mob, and intimates that such reparation had been verbally promised to him. The undersigned sincerely regrets that any misapprehension should have grown up out of any conversation between Mr. Calderon and officers of this gov ernment on this unfortunate and unpleasant affair; but, while this government has manifested a willingness and determina. tion to perform every duty which one friendly nation has a right to expect from another in cases of this kind, it supposes that the rights of the Spanish consul, a public officer residing here under the protection of the United States government, are 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 and objects. The former may claim special indemnity; the latter are entitled to such protection as is afforded to our own 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 no cause of complaint, if they are protected by the same laws, and the same administration of law, as native-born citizens of this country. They have, in fact, some advantages over citizens of the State in which they happen to be, inasmuch as they are enabled, until they become citizens 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.

The President is of opinion, as already stated, that, for obvious reasons, the case of the consul is different, and that the government of the United States should provide for Mr. Laborde a

just indemnity; and a recommendation to that effect will be laid before Congress at an early period of its approaching session. This is all which it is in his power to do. The case may be a new one, but the President, being of opinion that Mr. Laborde ought to be indemnified, has not thought it necessary to search for precedents.

In conclusion, the undersigned has to say, that if Mr. Laborde shall return to his post, or any other consul for New Orleans shall 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 a national salute to the flag of his ship, if he shall arrive in a Spanish vessel, as a demonstration of 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 to his predecessor by a lawless mob, as well as the indignity and insult offered by it to a foreign state with which the United States are, and wish ever to remain, on terms of the most respectful and pacific intercourse.

The undersigned avails himself of this occasion to offer to Mr. Calderon renewed assurances of his distinguished consideration.

DANIEL WEBSTER.

DON A. CALDERON DE LA BARCA, Minister of Spain to the United States.

THE LOPEZ EXPEDITION.

Mr. Webster to Mr. Barringer, Minister of the United States to

Spain.

Department of State, Washington, November 26, 1851. SIR, Your despatches to No. 64, inclusive, have been received. I am happy to inform you that the complaints of her Catholic Majesty's government, respecting insults to the Spanish consul and flag by a mob at New Orleans, and other acts of vio. lence against the property of her subjects in this country, all occasioned by the excitement growing out of the late invasion of Cuba and its incidents and consequences, have been made the subject of a correspondence between this Department and Mr. Calderon, her Majesty's minister here. A copy of this correspondence is herewith transmitted to you, by which you will perceive that those complaints have been met by the government of the United States in a manner satisfactory to the representative of Spain. Her Catholic Majesty's government must be too just to suppose for a moment, either that the government of the United States has connived at the several invasions of Cuba by persons proceeding from our ports, or that any thing within the power of the government has been omitted for preventing those invasions, and for punishing those concerned in them. It has now been many months that these hostile designs against Cuba have occupied the attention of the government of the United States, from week to week and from day to day. The most zealous efforts have been made to bring to condign punishment all who have been disposed to violate the laws of their own country, by making war upon a Spanish possession. Her Catholic Majesty's government is quite well aware that the