New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-11-21
REspONs1B1I1rY roR MOB VIOLENCE.

the city to Mr.. Belot we may as well have
our say. A mob styling itself Democratic,
but no doubt repudiated by every respect
: able citizen Democrat or Republican
broke into and sacked Mr.. Belot's place
carrying off his valuables. Says one, the
r city is not responsible, because its Alder,
men or Mayor don't appoint the police
Another says the responsibility of city cor
operations is doctrine belonging to the
common law, but car. mot be enforced
under civil or Roman law, from which we
derive our institutions unless the party
held responsible has control of the means
by which peace and order are to be pre-
served.
Now, the truth of the matter is that the
subject does not involve any delying into
the antiquities of the Roman or the
English law, and has nothing to do with
either of them, except so far as statute
of this State passed in 1852 and repassed in
1855 involves the common-sense princi-
pies of both systems. The statute says
distinctly. "The different municipal corpo-
rations in this State SHALL be responsible
for the damage done to property by mobs
or riotous assemblages in their respective
limits" That is all there is about it, and
it matters little what King Alfred, or JUS
iinan, or Tribonian or any othermau said or
thought of the subject. There is not a
word in the statute about the Metropolitan
Police.
Not only the civil law but the common
law Of England always did recognize the
principle. In ancient times it was carried
so far that the county, the hundred, nay,
even the tithing was made responsible not
only in cases of loss Of property or dam
ages, but for the detection of crime Of any
kind committed from their number. This
was on the doctrine of good neighborhood,
every locality being responsible for aggres-
sions upon its neigbbors as well as for
offenses or inhospitality to the sojourner in
its midst. All this, Notwithstanding the
fact that. sheriffs and justices of the peace
were appointed and held their commissions
from the crown; all other peace officers,
bailifs, etc., held Office from them and the
constabulary, whenever there was one, was
national and not local in its character and |
tenure of office.
1t is needless to cite proofs; the books |
from Blackstone down are full of them. |
We have no doubt the history of the Ro-
man law when examined into will show
that while the constabulary was general or
imperial the responsibility was local.
The result of this doctrine is that every
community has an interest in preserving its
own good name. We approve of the or
ganization of Property Owners Associa-
ton, such as exists in this city. 1t is to be
hoped it will pursue its purposes as an
nounced, and extend its subjects of inquiry |
affecting the public welfare. Fit find that |
lawless men, invoking the name of a politi-
cal cause, commit violence and robbery
which taxpayers have to make good to the
injured, while the spectators go unindicted
and unpublished, let it so report. Let their
moral influence be exerted to trown down
political violence, as injurious TO business
and trade, and burdensome to the tax
payer.
We have nothing to say specially Of Mr..
Belots case as against the city; that would
be out of the province of impartial Journal
ism. 1t is only in its public features that
we treat of it-those which have been made
prominent by the comment of public Off
Gals, by the press and by street and office
talk. In these respects it is important as
an example for the future.
1t is urged that because he has only paid
taxes on so and so much he can not re-
cover more. Now, economy in the pay.
ment of taxes is not peculiar to those who
have the misfortune afterward to have
claims against the city. 1t is great failing
with many men of various shades Of poll
tics.
General Butler made good point against
Dana, the great vindicator OF the public
credit, who wants to pay the bonds in gold,
but avoided assessment in each of two
places by claiming to live in the other.
This is a very good point in politics, but
would hardly deny to Mr.. Dana the gov
ernmental protection because he did not
happen to support the government. The
of the city to Mr.. Belot is
like any other debt or damage it stands
upon its own merits. If Mr.. Belot does
not pay enough taxes, there is way Of cor
recting that for the future, at least. But
the fact, if true, does not put him out Of
the pale of protection by the laws.
If the association Of property owners
chooses to take up the question of short
payment Of taxes, aud we hope it will, it
may find that some who claim to be most
respectable inhabitants, ancient and ortho-
dox in their ideas, always opposed to radi-
calism and other unpopular heresies, dis
criminate as well as other people between
the public Golfers and theirs, and are de-
cidedly adverse TO filing the former at the
expense Of the latter.
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