Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1891-04-23

: 1t is proper, however, to add that two
| years after Mr. Webster wrote the foregoing
| note, congress. in recognition of certain
| magnanimous conduct on the part of the
| queen OF Spain in pardons bestowed on
| Americans who had unjustIy invaded the
/ island of Cuba, enacted a Joint resolution
| approved by President Fillmore March 3,
| 1913, the last day of his term, UNDERWRITING
the spanish consul and other Spanish sub
| jects for the losses sustained in the New Or
leans mob of 1851. The considerations unon
winch this resolution was passed We're held
not to contradict the origin al position of Mr..
webster. shared also by President Fillmore.
The right to judicial remedy which Mr..
webster assured to the Spanish subjects is
| likewise assured to the Italian subjects. The
| right is especially 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 leaders and members of the
| mob only in the courts of the state of Louis
| lana, 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 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 griev
ances as the widows and children of the
| victims of the mob NAV plead. Iquote:
"Artcle PHI Every act whatever OF man
| that causes damage to anOtnef o5ligas him
| by who's fault it happened torepair it,aud the
right of this action shall survive, in case of
death, in favor of the minor children and
| widow of the deceased, or either OF them,
| and il default of these, in favor OF the father
or mother, or either of them, for the space
| of one year from the death"
''Artcle 23l6 Every person is responsible
for the damage he occasions, not merely by
| his act, but by his negligence, his impru
dence or his want of SKILL"
ARTICLE 1924. He who causes another per-
son to do unlawful act, assists or en-
! courages in the commission of it, is
swerab!e, in soldo with that person, for the
damage caused by such act
| The government of the United States
would feel justified in resting on the argu-
:ncnt and conclusion of Mr.. Webster if the
mob of March ii, 1891, did not, in some of its
characteristics, differ from the mob of 1851.
But 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 United states
is hCnOrably bound to take notice. In the
ease of the mob of 1851, Mr.. Webster asserts
that no personal injury was offered to any
One;' that ''the police and other legal au-
thorites did all that possible to pre-
serve the peace and arrest the rioters; ;" that
1.-THE mob acted in the heat of blood, and not
in pursuance of any predetermined plan
purpose of injury insult" that ''tbe mob
was COlilpO>tt Oh pOnSlUlc persons, the
names OF none of whom are known to the
government of the United States, nor, so far
as the government is informed, to its officers
or agents IN New Orleans"
As promptly possible after the lament
able occurrence at New Orleans, the presi-
dent direct ed the attorney general to cause,
through Ii is department, full inquiry to be
made into all the facts connected tllerewith,
and solicited his opinion whether any Grim
inal proceedings would lie under the federal
laws In the federal courts against persons
charged with the killing of Italian subjects.
He has not yet received the official report.
If it be found that prosecution 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 admin istratiOn. But if it shall
be found, as seems probable, that criminal
proceedings can only be taken in the courts
of Louisiana, the president can, in this d-
rection, 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 governor of Louisiana as
early as the 18th of March.
If it shall result that the case can be pros
ecuted only in the state courts of Louisiana,
and the usual judicial investigation and pro-
cedure under the criminal law is not
sorted to, it will then be the duty of the
United States to consider whether some
other form of redress may be asked. 1t Is
understood that the state grand jury is now
sible that the jury may fail to present in
dictments, the United States can not assume
that such will be the case.
The United States did not by the treaty
with Italy become the insurer of the lives or
property of Italian subjects residing within
our territory. No government is able, how
ever high its civilization, however yigilant
its police supervision, however severe its
criminal code. and however prompt and in
flexible its criminal administration. to secure
its own citizens against violence promoted by
individual malice or by sudden popular tu-
multi The foreign resident must be content
IN such cases to share the same redress that
is offered by the law to the citizens, and has
no just cause of complaint, or right to ask
the interpositiOn of his country, if the
courts are equally open to him for the
dress of his injuries. The treaty in the first,
second, third, and notably in the twenty
third, articles clearly limits the rights guar
anteed to the citizens of the contracting
powers in the territory of each to equal
treatment and to free access to the
courts of justice. Foreign residents
not made favored 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 govern
ment or of its officers, but of an individual
or OF mob, it is believed that no claim for
indemnity can justly be made unless il shall
be made to appear that the public authori-
nifty have cOnnived at the unlawful act, or,
having timely notice of the threatened dan
ger, have been guilty of such gross ncgli-
gence in taking the necessary precau-
tons to amount to connivance.
If, therefore, it should appear that among
those killed by the mob at New Orleans there
were some Italian subjects who were resi-
dent or domiciled in that city agreeably to
our treaty with Italy, and not in violation of
our immigration laws, and who were abid-
ing in the peace of 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 life and property in that city
conniyed at the work of the mob, upon
proper notice or information of the threat
ened danger, failed to take any steps for the
preservation OF the public peace, and after
wards to bring the guilty to trial, the presi-
dent would. under such circumstances feel
that case was established that should be
submitted to the consideration of congress
with a view to the relief of the families of
the Italian subjects who had lost their lives
by lawless violence.
Accept, sir, the renewed assurances ofmy
high consideration.
ielSned.I JAMES G BLAINE.
MARY FRANCES HALFORD.