Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-04-16

criminal law i not reported, IL Will
then he the duty NJ the United States
TO consider whether some other form
OF redress may be asked. II Il under
stood that the state grand jury Is now
investigating the affair, and, while II
IL possible that the Jury may fail TO
present indictments, the United States
cannot assume that such VIII be the
case. The United States did not, by
treaty with Italy become Insurer OF the
lives or property Of italian subjects res.
idcnt within our territory. No gov
eminent Ia able, however high Its civil
ization, however vlgilant its police
supervisor, however severe Its criminal
code, and however prompt aud in~eN-
lille Its criminal administration, 10
secure its own citizens against violence
promoted 10y Individual malice or by
sudden popular tumult. The foreign
resident must be contcnted In such
cases to share tho same redress rs Is
offered by law 10 the citizen, aud has
no Just cause Of complaint or right 10
ask the interposltion Of his country "
tho courts are equally open to him for
redress.
The treaty, In the first, second, third
and notably In the twenty.thlrd, artl.
Gle. clearly limits the rights guaran-
tecd 10 the citizens Of the contracting
powers In the territory Of each 10 equal
treatment aud to free access 10 the
courts Of Justice. Foreign residents
are not made favored class. II II not
believed that Italy would dcsirc more
stringent construction Of her duty un-
der the treaty.
Where the injury inflicted upon the
foreign resident In not an net u the
government or Of IL officers, but Of In.
dlviduals or Of "a mob. II N not believed
that claim for indemnity can Justly bc
made, unless II shall 10 matte 70 appear
that the public authorities charged
with the peace OF the community have
connlvcd at the unlawful act, or, hav-
ing timely notice OF threatened dam
ger, been guilty OF such gross negli-
gcncc In taking the necessary precau.
tons M TO amount TO connivnncc.
Therefore, IL should appear that among
those killed by the mob at New
| Orleans, there were some Italian sub
lccts who were residents Of. and doml-
cllei In that city, agrecably TO our treaty
with Italy and not In violation OF our
| immigration laws, aud who were abid-
Ing In the peace Of the United States
and obeying the laws thereof aud Of
the State Of Louisiana, aud that the
public officers charged with the duty
OF protecting liic and property In that
city connlycd Mt the work Of the mob,
or upon notice Of information VI
threatened danger failed 10 take any
NJ cps for preservation Of public peace.
aud afterwards TO bring the guilty to
trial, tho President would, under such
| circumstances, feel n case established
that should he submitted 10 the consid-
Grafton of Congress, with n view 10
relief Of the families OF the Italian sub.
Jccts who lost their lives by lawless
| violence.
Accept, sir, renewed assurances OF
my high consideration.
(5igncl) JAMES q. BLAINE.
COMMENTS or THE LONDON PRESS.
LONDON, April l5.-Thc Times, com.
mcnting on tho A mcrican.ltalisn cor.
rc.pondencc, says: "riie American
| Union was nearly rent asundcr gen.
| Grafton ngo on n question Of States
| rights; now, when the old sectional
f.uds are almost forgotten, II would he
the extremity Of folly TO revive the
conflict. Italy appears 10 have acted
without careful consideration. Mar.
| quis Imperiali's admissions give Blaine
an easy aud logical Victory, and he In.
naturally made the most OF Italy.
mistake In recalling Baron Fava ON the
assumption that Justice would not b,
done tins lynchers."
The Standard says: "Blaine's reply
Is very able paper. We shall look
forward with curiosity 10 Marquis III
Rudini's reply. II Is difficult to sct
how. the supporters OF tho Malta So.
eicty eau slip through the meshes OF
the NO, thus carefully spread FOL
them"