Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1891-04-16

tDOS6 vi INC Sphuicu p0UJCCto WHO low SSAhS
into tie country to rningle with our own
cit;zens, and here to pursue their private
business ard objects. The former may claim
special inde mnity the latter are entitled to
such protection as is sff5rded TO our own
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. eubjscts of her Catholic Ma
j 'sty, coming voluntarily to reside 10 the
United States, have, certainly, 10 cause OF
complaint II they are protected by the
same laws end the same administration oil
law. az native born ctizsns of this country.
They have. In fact, some advantages over
citizens of the State in which they happen to
he. inasmuch 90 they are enabled, until
thew become cisizsns themselves, to prose-
cute for any Injuries done to their persons or
nroperty. in the courts OF the United States
or the State courts, at their election"
lis proper, however, to add that Two
years after Mr.. Webster wrote the foregoing
note. Congress, in recognition ofcertain mag
nanimous conduct on the part CT the Queen
of Spain, 10 par6ons bestowed on Americana
who had upjGsti6aoly invaded the Island OF
Cuba, enacted Joint resolution. approved
b, President Fillmore March 3, 1853, she last
dny of his term, iDdemnifying The Spanish
Consul and other Spanish subjects tor the
Losses Sustained In the New Orleans mob oil
1851. The considerations upon which this
resolution was passed we're held not to co.,
trsvene the original position of Mr.. Webster,
shared also By President Fillmore.
The right to judicial remedy which MIR.
Webster assured to the Spanish subjects ID
likewise assured to the Italian subiects. The
right is specially guaranteed in the second
section of the third article of the Constitu
ticn. And, as Mr.. Webster poiuts out, ibe
resident alien has privilege which ia de-
MED TO the cit.z9n. The widows and child
rem of the citz ms who lost their lives by
mob violence may sus the leaders and mem
hers of lice mob only in the courts OF the
State OF Louisiana, while the widows and
children of the Italian subjects who suffered
death have the right to sue each member OF
the mob. not only in the State courts, bus
also before the federal tribunals for the dis
trict of Louisiana.
Provision is made in the Revised Civil
Code of Louisiana for redress OF snch griev-
ances as the widows and children OF the vic
TINA of the mob may plead. | quote:
"Ariicle 2314 Every act whatever OF man
hat causes damage to another, obliges him
bv whose fault 1t happened TO repair 1t; the
right OF this action shsil survive, 10 case oil
death. In favor of the minor children and
widow of the deceased, or either of them,
and 10 default of tbese, in favor Of the eur
wing father or mother, or either OF them,
for the space OF one year from the death"
ARTICLE 23l6 Every person is Responsible
for the damage he occasions. not merely by
bis act, but by his negligence, his impfn-
depce, or bis want OF skill.
ARTICLE 1924. He who causes another per-
son 10 do an unlawful act, or assists or Ell.
ccurages In the com mission OF it, ia answer
able, In solido, wi that person for the dam.
age csused by such act"
The government of the UUited States
would feel justified In resting on the argu-
ment and conclusion OF MIR. Webster, if the
mob of March IA, 1891. did not, 10 soma OF
its characteristics, differ from the mob OF
1851. Bot it Is due to entire candor, due to
this government, and due to the government
OF Italy, to point out certain differences Of
which the government OF the u aited States
is honorabiy bound to take Dotlce.
10 the case of the mob of 1851, Mr.. Web
ster seris that "no personal injury was Of
Tered to any one :" that 1.-THE police and 9TH
or legal authorities did ell that was possible
to preserve the peace and arrest the riot
ers :" that 1.-THE mob acted ia the heat OF
blood, and not In pursuance OF any pre-de.
termined plsn or purpose of ipjary or in
cult !" that "the mob was composed OF ire
sponsib!e persors, the names of none CT
whom are known to the government Of the
Uaited States, nor, 20 fer as the government
ia informed, TO i,s officers or agents in New
Orleans"
As promptly as possible after tho ]smon table
occurrence at Now Orleans, the President direct.
ed the Attorney General TO cause, through his de-
partmeut, n full inquiry TO be made into all tho
facts connected Herewith, and solicited his opin-
ion whether any criminal proceedings would lis
under the federal laws in tho federal courts
agair st persons charged with tho killing OF ltil
ian subjects. He has not yet received tho official
report If it be found that prosecution Case can
he maintained under the statutes of the United
States, tho case will be presented to the next
grand Try. according to the usual method Of
criminal administration But, if it shall be found,
rs seems probsbe, that criminal proceedings can
only be taken in the courts of Louisiana, the
President can in this direction do no moro than
10 urge upon the State officers the duty OF prompt
ly bringing the offenders to trial. This WAS done
10 his telegram to the Governor OF Louisiana as
early ss tho 15h of Harch.
fit sl ,l result that tho case can ba prosecuted
only in tho State courts OF Louisiana, aud the
usual judi isl investigation and procedure under
the criminal law is not res0rted to, 1t will then
be the duty OF tho United States TO consider
whether some other fore: of redress may be ask.
cd 1t is understood that the State grand jury is
now investigating tho fir, and while it is pos
81 bio that tho Jury may fail to present indict-
mants, tho Uriged States cannot assume that such
will be the case.
The United Stat did not, by the treaty
with Italy, heoo ne the irsurer of the lives or the
property Of I'alian subjects resilient within our
territory. No government is able, however high
its civilization, however viglsnt It's police super
vision, however severe Its criminal co G, and how
ever prompt and irh .xible its criminal admins
traton TO secure It's own citizens against violonco
pr mpted by individual malice or by sudden pop
uac tumut. The foreign resident must be con-
ent 10 such cases ta share the aame redress that
is efl,red by the law To tho citizJn, and his no
Just cause of complaint or right to ask the inter-
position of his country, if the courts arc equally
open to him for the redress Of his in juries.
he treaty in the first, second third and notably