Los Angeles herald., 1891-04-16

United States, the case will be presented
TO the next grand jury, according to the
usual methods of criminal admin;stra-
tion. But If it shall be found. az seems
probable, that criminal proceedings can
only be taken in the courts of Louisiana.
the president can in this direction do no
more than to urge upon the state officers
the duty of promptly bringing the Of
tenders to trial. This was done IN his
telegram to the governor OF Louisiana.
as early as the 18th of March.
Ii 1T shall result that the case can be
prosecuted only in the state courts of
Louisiana, and the usual judicial inyes-
tigation and procedure under the GRIM
inal law is not resorted to, it will then
be the duty OF the United States to con-
slider whether some other form of re-
dress may be asked. 1t is understood
that the state grand jury is now investi-
eating the affair, and while it is possi-
BILE that the jury may fail to present in
dictments, the United States cannot
assume that such will be the case.
The United States did not by its treaty
with Italy become an insurer of the
lives or property of Italian subjects resi-
dent within our territory. No govern
ment is able, however high its civiliza-
tion, however vigilant it's police SUPER
vision, however severe its criminal code
and however prompt and infexible it's
criminal administration. to secure it's
own citizens against violence promoted
by individual malice or by sudden pop
ular tumult. The foreign resident must
be content in such cases to share the
same redress that is offered by the law
to citizens; and has no just cause of
ooY II Iosn NJ ,srr 90 = -.
tion OF his country, if the courts are
equally open to him for the 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 of the contracting powers in the
territory of each to equal treatment and
to free access to courts of Justice. For
eign residents are not made a favored
class. 1t is not believed that Italy would
desire q more stringent construction of
her duty under the treaty, where the in
| jury inflicted upon foreign resident, is
not the act of the government or of its
! officers, but OF an individual or of a mob
| 1t is not believed that claim for in
demnity can Justly be made, unless it
shall be made to appear that the public
authorities, charged with the peace Of
the community, have connived at the
unlawful act, or having timely notice of
threatened danger, have been guilty of
such gross negligence in taking neces-
sary precautions as to amount to conniv
! ance.
If, therefore, it should appear that
among those killed by the mob at New
Orleans, there were some Italian SUBJ
jects who were resident or domiciled in
that city, agreeably to our treaty with
Italy, and not in violation of our immi-
| grafton laws, and who were abiding in
peace in the United States, and obeying
the laws thereof, and of the state Of
Louisiana, and that the public officers
charged with the duty of protecting the
life and property of that city, connived
at the work of the mob, or upon proper
notice or information of threatened
danger, failed to take any steps for the
preservation of the public peace, and
afterwards to bring the guilty to trial,
the president would under such circum-
stances feel that case was established
that should be submitted to the consid-
Grafton of congress, with the view to the
relief of the families of the Italian sub.
| iects who had lost their lives by lawless
violence.
Accept, sir, renewed assurance Of my
high consideration.
JAMES G. BLAINE. .