Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1891-04-22

equal losses from the same cause and these
private individuals, subjects of her catholic
majesty, coming voluntarily to reside in the
United States have certainly no cause OF COM
plant if they protected by the same laws
and the same administration of law as native
born citizens of this country. They have, in
fact, some advantages over citizens of the state
in W hich they happen to be- 1nasmuch as they
are ena bled. 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 cleo
ton"
1t is proper, however, to add that two years
after Mr.. Webster wrote the foregoing note Con-
gress, in recognition OF certain magnanimous
conduct Oh the part of the Queen of Spain in
pardons bestowed on Americans who had I'M
Hstifably invaded the Is and of Cuba, enacted
joint resolution, approved by President Fill
more March 8, 1883, the last day of his term, in
Identifying the Spanish consul and other Span
ish subjects for the losses sustained in the New
Orleans mob of 1851 The considerations upon
which this resolution was passed were held not
to contradict the original position of Mr.. Web
ster, shared also by President Fillmore
The right to judicial remedy which Mr.. Web
ster assured to the Spanish subjects is likewise
assured to the Italian subjects. The right is
specially guaranteed in the second section of
the third article of the constitution. And, as
Mr. Webster points out, the resident alien has
privilege which is denied to the citizen. The
widows and children of the citizens who lost
their lives by mob violence may sue the lead
| erS and members of the mob only in the courts
of the state of Louisiana, while the widows and
children of the Italian subjects who suffered
death have the rig hit to sue each memb Der Of the
mob not only in the state courts, but also before
the federal tribunals for the district of LOuISi-
ana. Provision is made in the revised civil
code of Louisiana for redress of such grievan-
ces as the widows and children of the victims of
the mob may plead quote
''ART. 2,S14 Every act whatever of man that
causes damage to another obliges him by whose
fault it happens to repair it. 'rhe right of this
action shall survive, in case of death, in favor
of the minor children and widow of the de-
ceased or either of them, and in default of these,
N of mother n
either of them for the space of oney year from the
death.
art. 2,316. Every person is responsible for
the damage he occasions, not merely by his act,
but by his negligence, his imprudence or his
want of skill.
ART 1924 He who causes another person to
do an unlawful act. or assists or encourages in
the commission of it is answerable in soltd0 with
that person for the damage caused by such act
The government of the United states would
feel justified in resting on the argument and
conclusion of MIR. Webster if the mob of March
Ia, 1891, did not in some of its characteristics
differ from the mob of 1851. But it is due to en-
tire candor, due to this government and due to
the government of Italy to point out certain
differences of which the government of the
United States is honestly bound to take notice.
In the case of the mob of 1851 Mr.. Webster
serts that mo personal injury was offered to
any one" that .the police and other legal au-
thoritieS did all that was possible to preserve
the peace and arrest the rioters;" that 1.-The mob
acted in the heat of blood and not in pursuance
of any predetermined plan or purpose of injury
or insult that 1.-THE mob was composed of ire
sponsible persons, the names of none of whom
are known to the government Of the United
States. nor, so far as the government is in
formed, to its officers or agents in New Orleans.
AS promptly as possible after the lamentable
occurrence at New Orleans the President direct
ed the attorney general to cause, through his
department, full inquiry to be made into all
the facts connected Herewith and solicited his
opinion whether any criminal proceedings
would lie under the federal laws in the federal
of Italian subjects He had not yet received
the official report. If 1t be found that prose-
cution can be maintained under the statutes of
the United States the case will be presented to
the next grand jury. according to the usual
methods of criminal administration. But if it
shall be found, 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 offenders to
trial This was done In his telegram to the gov
ernor of Louisiana as early as the 18th of
March.
If it shall result that the case can be prose-
cuted only in the state courts of Louisiana, and
the usual judicial investigation and procedure
under the criminal law is not resorted to, will
then be the duty of the United States to consid-
er 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 in
dictments, 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 lives or property of
Italian subjects residing within territory.
No government is able. however high its civili-
cation, however vigilant its police supervision,
however severe its criminal code, and however
prompt and infeXible its criminal adminiStra
ton, to secure its own citizens against violence
promoted by individual malice or by sudden
popular tumult The foreign resident must be
content in such case to share the same redress
that is offered by the law to the citizens and has
no just cause to complain. or right to ask the
lnterposition of his country, If the courts are
equally open to him for the redress OF his in
juries.
The treaty in the first. second, third, and not
ably in the twenty-third articles clearly limits
the rights guaranteed to the citizens of the con-
tracing powers in the territory of each to equal
treatment and to free access to the courts of
justice. Foreign residents are not made fav-
Ored class 1t is not believed that Italy would
desire more stringent construction of her duty
under the treaty. Where the injury inflicted
upon foreign resident is not the act of the gov
eminent, or of its officers, but of an Individual
of mob, it is believed that no claim for
indemnity can Justly be made unless 1t 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 the threatened danger, have been
guilty of such gross negligence in taking the
necessary precautions as to amount to comfy
ance.
If, therefore, it should appear that among
those killed by the mob at New Orleans there
were some Italian subjects who were resident or
domiciled in that city agreeably to our treaty
with Italy and not in violation of our tmmigra-
ion laws, and were abiding in the peace of the
United States and obeying the laws thereof and
of the state of Louisiana, and that the officers
charged with the duty of protecting life and
property in that city connived at the work CT
the mob, or upon proper notice and information
of the threatened danger failed to take any
steps for the preservation of the public peace
and afterwaId to bring the guilty to trial. the
President would under such circumstances feel
that case established that should be sub
mitted to the consideration of Congress with q
view to the relief of the families of the Italian
subjects who had lost their live by lawless VIC
lence.
Accept sir. the renewed assurances of my
high consideration. JAMES G. BLAINE.
MARY ANDERSON UNHAPPY.