The morning call., 1891-04-16

OF Louisiana. Provision is made In the revised
Civil Code OF Louisiana for the redress OF such
grievances as the widows and children of the
victims Of The mob may plead"
A DIFFERENCE.
Blaine here quotes from the statutes OF Louis
lana and continues: " The Government of the
United States would feel Justified in resting on
the argument and conclusion OF Webster II the
mob OF March IA, 1891, did not In some Of Its
CHARACTERISTICS diner from the mob OF 1851. But
it Is due TO entire caudOr, due TO this Govern
ment and due TO the Government OF Italy TO point
out certain differences Of which the Government
OF the United States IS hOEoraUly bound TO take
notice. In the case ofthe mob OF 1851 Webster
asserts that no personal injury was offered to
any one,' that police aad other legal authOri-
Ties did all that was possible to preserve the
peace and arr, 81 the roters,' that The mob acted
In the heat OF blood and not in the pursuance OF
any pre- determined plan or for the purpose OF
injury or Insult, that the mob was composed Of
irresponsible 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, 10 its officers resident In New Orleans.
THE PRESIDENTS ACTION.
As promptly as possible after the lamentable
occurrence at New Orleans the President direct
ed The AtIorney-General TO cause, through ms
department full inquiry To be made INTO all the
facts connected Herewith, aud solicited MS opn-
lon whether any criminal proceedings would lie
under The Federal laws IN the tedeIal courts
against the persons charged with the killing OF
Italian subjects. He has not yet received an
official iepOIt, but IL it be found that prosecution
can be maintained unOcr Tue statutes Oh int
United States tile case will be presented to the
next Gtand jury according 10 the usual methods
OF criminal administration. But II II shall be
found, as seems probable, that criminal proceed
ingS eau only be taken lu the courts OF louisiana
tie Pi resident can, In this direction, do no more
than 10 urge upon lie State officers their duty Of
promptly bringing The offenders to trial. This
WAS dOue IN his tel gram to the Governor Of
Louisiana as early as the 10Th Of March. II IL
shall iesult that the case can be prosecuted only
in The Stale courts OF Louisiana, aud the usual
Judicial investigation and procedure under the
criminal law is not TeSOTted 10, it will then be
Tie duty OF lhe United States TO consider whether
some her form OF redress may be asked.
AN INVESTIGATION BEING MADE.
''It is understood thai the State Grand Jury Is
now investigating the affair, and while IL Is pos
slbe that the jury may fail 10 present indlel-
such Will be The case. The Uuited States did
not, by treaty with Italy, become The insurer Of
the lives or property of Italian subjects resident
within our territory No Government Is aOle,
however high Its civilization, however ylgilant
Its police SUPERVISION, however severe its Grim
NAL cCde aud however prompt and lnfleNlbie It's
criminal administration, TO secure Its own Gill
Zens against violence promoted Dy ludivluual
malice, OF by u sudden popular tumuI. A Tor
eign resident must be content IN such eases to
share the same redress that is offered by law To
the citizen; aud has no just cause Of complaint
or right 10 ask The inIerposltOu Of his country II
the courts are equally open TO him for the re-
dress OF his injuries.
PROVISIONS OF THE TREATY.
"The treaty IN he first second, thli 4 and nOla-
bly, in the Iw nty-Ihiid Article clearly limits The
rights guaranteed To citizens of the con! !racting
powers IN the territory of each 10 equal tteat-
ment and 10 free access 10 The courts of justice.
Foreign residents are not made a layorrG class.
II Is not believed that Italy would desire more
stringent construction OF her duty under lie
treaty. Where the injury Inflicted upon for
eigu resident is not an act Of the Government or
OF It's officers, but Of an individual or OF mob, 1t
is EOt believed that any claim for indemnify can
justly be made, unless 1t shall be made 10 appear
mat the public authorities charged with the
peace Of lhe community nave conulyed at the
unlawful act, or, having timely notice Oi the
threatened danger, have been guilty OF suen
gross negligence IN taking tue necessary pIecau-
dons as 10 amount 10 c0nuivauce.
MUST LOOK TO THE COURTS.
''If therefore, it should appear that among
those killed by the mob al New Orleans there
were some Italian subjects who were resident or
dOmiciled In that city, agreeJby Ia our treaty
with Italy. and not IN violation OF our n'migra-
tion laws, and WHO were abiding In The peace OF
lhe United States and Obeyiug The laws thereof
aud Of tie State Of louisiana, and that the public
officers charged with lie duty OF protecting life
and property Of that city cOnniyed Al the work OF
lhe mob, OF upon proper notice or inforna Ion OF
the threatened danger failed 10 take any steps
for fbe preservation OF the public De ce and
afteIwaTd TO biug the guilty 10 trial, The PFesi-
dent would Under such circumstances, feel that
a case was established That should be submitted
10 he consideration OF Congress with Il view 10
the relief Of the families of the Italian subjects
wGO had lost their lives by laWless violence.
Accept, Sir, renewed assurance Of my high con-
sideratiOu, JAMES q. BLAINE
LONDON COMMENT.
LONDON, April 15.-The Times, comment
ing ON the Amerlcan-1talian correspondence
says: The American union was nearly
rent asunder generation ago on the ques-
tion Of States rights now when the old
sectis nal feuds is almost forgotten, it would
be tds extremity OF folly TO revive the con-
fet. Italy appears to have acted without
careful consideration. The Marquis admis-
sions give Blaine an easy and logi.a al victory
and he has naturally made the most of Italy's
mistake IN recalling Baron Faya on the
assumption that justice would not be done
to the lyucherS."
The Standard says: "Blaine's reply is a
with curiosity to the Marquis di Rudini's
reply. 1t is difficult to see how the sup
pOrters of the MafiI Society can slip
through the meshes of the net thus care
fully spread for them"