The record-union., 1891-04-16

tle OoVernInent OF the United States of
the gross injustice to his predecessor by
!awless mob, as well as the indignity and
insult offered by it to the foreign State
with which the United States are, and
wish ever to remain, on terms of most re-
specttul and pacific intercourse"
But, when pressed by the Spanish
Minister to afford indemnity to Spanish
subjects injured by the mob in common
with the American citizens, Webster de-
clined to acceed to the demands, and gave
his reasons as follows: ''This Govern
ment supposes that the rights of the
Spanish Consul, a public officer residing
here, under the protection of the United
States, are quite different from those of
the Spanish subjects, who have come
into our country TO mingle with our own
citizens, and here to pursue their private
business and objects forever, may claim
special indemnity; the latter are entitled
to such protection as is afforded our own
citizens. While, therefore, the losses of
the individuals, private Spanish subjects,
are greatly to be regretted, yet when it is
understood that many American citizens
suffered equal losses from the same
causes, and those private individuals sub
jects Of her Catholic Majesty coming vol
UNFAIRLY to reside in the United States,
have certainly no cause for complaint
If they are protected by the same laws
and the same administration Of the law
as native-born citizens of this country,
they have, in fact some advantages over
the citizens of the State in which they
happen to be, inasmuch as they are en-
abled, until they become citizens them
selves, 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 later Congress, in recognition of
nnrtqIn a n IT1n
part of the Queen of Spain, in pardons
bestowed upon Americans who had un-
justifiably invaded the island of Cuba,
enacted joint resolution indemnifying
the Spanish Consul and other Spanish
subjects for the losses sustained. 1t was
held, however, not to contravene the
original position Of Webster, shared also
by President Fillmore.
The right to judicial remedy which
Webster assured to Spanish subjects is
likewise assured to Italian subjects. The
right is specially guaranteed in the sec
ond section, third article, of the Constitu-
ton, and, as Webster pointed out, resi-
dent alien has privilege which is denied
to the citizens. Widows and children of
citizens who lost their lives by mob vio-
lence may sue the leaders and members
OF the mob only in the courts of the State
OF Louisiana, while the widows and chill
dren of the Italian subjects who suffered
death have the right to sue 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 of Louisi-
ana for a redress of such grievances as the
widows and children of the victims of a
mob may plead.
Blaine here quotes from the statutes of
Louisiana and continues: The Govern
ment of the United States would feel JUS
titled in resting on the argument and con-
clusion of Webster, if the mob of March
IA, 1881, did not in some of its character
istics differ from the mob of 1851. But it
is due to entire candor, due to this Gov
ernment and due to the Government of
Italy, to point out certain differences of
which the Government of the United
States is hOnorably bound to take notice.
In the case of the mob Of 1851, Web
ster asserts that ''no personal injury was
offered to anyone;" that 'the police and
other legal authorities did all that was
possible to preserve peace and arrest the
rloters;' that "the mob acted in the heat Of
blood, and not in pursuance of any pre-
determined plan or purpose of injury or
INSULT" that 1.-The mob was composed of
irresponsible persons, the names of none
OF whom were known to the Government
of the United States, nor, so far as the
Government is informed, to it's officers
III New Orleans.n
AS promptly as possible after the la
mentable occurrence at New Orleans, the
President directed the Attorney General
to cause, through his department, a full
inquiry to be made into all the facts con-
nected Herewith, and solicited his opin-
ion whether any criminal proceedings
would lie, under the Federal laws, in the
Federal courts, against the persons
charged with the killing of italian sub
Jects. de has not yet received an official
report. If it be found that prosecution
can be maintained under the statutes of
the United States, the case will be pre-
sented to the next Grand Jury, according
to the usual methods of criminal admin-
istration. But if it should be found, as
seems probable, that criminal proceed
ings can only be taken in the courts of
Louisiana, the President can in this di-
rection do no more than urge upon the
State officers the duty of promptly bring
ing the offenders to trial. This was done
in his telegram to the Governor of Lou
iSiana as early as the 18th of March,
If it shall result that the case can be
prosecuted only in the State of Louisi-
ana, and the usual judicial investigation
and procedure under the criminal law is
not resorted to. it 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 Grand
jury is now investigating the affair, and
while it is possible that the jury may fail
to present indictments, the United States
cannot assume that such will be the case
The United States did not, by the treaty
with Italy, become the insurer of the
lives or property of Italian subjects resi-
dents within our territory. No Govern
ment is able, however high its ciyiliza-
ton, however vigilant its police super
vision, however sure its criminal code,
and however prompt and inflexible its
criminal administration, to secure its own
citizens against violence promoted by in
dividual malice or by sudden popular
tumult Foreign residents must be con-
tent, In such cases, to share the same
redress that is offered by law to citizens.
and has no just cause Of complaint, or
right TO ask interposition of his country,
If the courts are equally open to him for
redress of his injuries.
The treaty in the first, second, third
and notably in the twenty-third articles.
clearly limits the rights guaranteed to
citizens contracting powers in the terri
tory of each to equal treatment and to
free access TO the courts of Justice. For
eign residents are not made a favored
class.
1t is not believed that Italy would de-
sire more stringent construction of her
duty under the treaty, where the injury
inflicted upon foreign resident is not an
act of the Government or of its officers.
but of an individual or of mob; it is not
believed that q claim for indemnity can
justly be made unless it shall be made to
appear that the public authorities charged
with the peace of a community have con-
nived at an unlawful act, or, having
timely notice of q threatened danger, have
been guilty of such gross negligence in
taking the necessary precautions as to
amount to connivanee.
If, therefore, it should appear that
among those killed by the mob at New
Orleans, there were some Italian sub
jects who were resident and domiciled in
that city, agreeably to our treaty with