Telegram-herald., 1891-04-17

70 saasr persons or properly q tae coarss a
ina U1stsa states or tae state ss3EEs, q t-ex
ele<t4ol-'
n . prp2er aoseFsr y a4c t1st TO years
After Ar. Wsbs-sr ~r1te t1s foregoszg Lote
soazzsss - Tecsgz--.ea a certain E2Sa24s
Uszs sozdGct "a ths pzrt q the qeesn q
sDsia II PsrGoas bestowed e2oa AEasries2s
vac asa aElustlazesy iasz2sa tns stand Of
cgbA enacted . sslas rescsa,-s1. ~
rrosed ~ President Fillmore March
t<sS-rks lass o-y Ct LIS terminals nnffytzs
tie Sps1tss eoas1i sad otaes SPANISH ss9seels
tor the losses sustained n sae <es Orleans
mob Of Isol fhs socS1deFatsons upon which
kAls rescsaroE sss passed scre held act -
oontrsvene the original poAsiea Of nf. Wes-
ster. shared slss ~ President Fillmore.
The riSat 70 jaesci-l remedy snieh Web
ster &ss2red - The spanish subjects - like
wiss assured % TIA HaliAa s1sjectA Tae
risas ~ specially gnarzHteed in sae see
DAD ssetson u tas thi-d article u
the constitsflsn And - Mr. Webster
Drfyflsgs Which Is dsnsee 20 the eftizen- TIE
widows ana eaildrsa Of tas eitissas WHO
iost tassr lives ~ mob yioisaee may sac
the leaders sad members Of the mob
only in ths courts OF the state Of
Locissans; shiie TIE widows sad chill
cres of the Italian subjects Who suffered
eessn have the right 10 sas each member Of the
mob nos oniy IN TIE state eoartsA bat Alss b.
fors tae federal tribunals tor TIE districs u
Louisiana
'Provfsioa II made m the revised civil ecde
Of Locisia.a tor Eearess II such grievances
ths widows sad eaildrea Of Tie victims OF
the mob may plead Ieaote:
Article ASIA Every Act Whatever Of man
thai causes aansgs - another obiigss him oy
whose faalt IL happened 10 repair H. Tue right
Of this action shall survive Ia case q death. In
favor Of the minor children and widow Of the
deceased or elmer Of them. and IN default Of
these In favor OF the surviving father or mother.
or sitass Of them. for the space Of one yesr from
rs dsstA'
Art asia Every pessoa ID responsible for
the damage he occasions not merely BY his act
but b. his negligence. his imprudenes or his
wait OF skill
Art ana He who causes another person
20 do On unlawful act or assists or encouragesin
the commission OF II 10 answers able In scsido with
taat person for The damage caused By such act
The government OF the United States would
feel justified IN resting on the argument ard
conclusion Of Mr.. Webster II the mob Of March
Il 1891. did ros In some Of It's charaetertstics
cifsef from the mob OF ISL. hut II Is due TO
entire camden. due 20 this government and d1e
70 the government OF Italy TO point on. certain
differences OF which the government OF the
C1tttt States = loIoE8ciy ptQ1u 10 t1Sc UCtilc-
In the case OF The mob OF 1851 Nj Webster
asserts that No personal injury was offered to
anyene.' that rhe police and other legal an
thorsttes ala all thai MAS possible to preserve
the peace and arrest the Tiosers:' that tho mob
acted IN the heat OF blood and not In pursuance
Of any predetermined plan or purpose OF injury
or insult nat tho mob was composed OF ir
responsible persona the names OF mono Of
whom are known 10 the government Of tho
United States. nor. so far ~ the government u
informed. to its officers In New Orleans
las promptly as possible. sfter tho lamenta-
BILE occurrence ~ New Orleans the president
directed the attorney general 70 cause through
his department full inquiry 10 be made into
all facts conn.cted herewith, and solicited
his opinion whether any criminal proceedings
would lie under The federal laws Ia the federal
courts against persons charged with the killing
Of Italian subjects. He hos not jet rocsived
the Official report II IL be found that .
statutes Of the United States tho case win
be presented 20 tho next grand Jury
cordins TO the usual methods Of Grim
found As seems probabie. thu, cri.ninsi pro.
ceedines cen only be taken in the courts Of
Louisiana. the president can in this direction
the duty OF promptly bringing the offenders to
trial This was done Ia his telegram TO tho
governor Of Louisiana as early rs the 18th OF
March
III 1t shall resul, that tho case can be prose
cuted only in the stale courts OF Louisiana and
the usual judicial investigation and procedure
sader the srinins, law rs, * not , FvsG.ssa 70
consider whether some other form OF redress
may be asked.
1T is understood that the state grand Jury is
now Investigating the affair. and while IL Is pos
sible that the jury may fai. to present indict-
ments tho United States cannot 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 resident within our
ser,iiory No government is able hows ,;s
supervision, however severe its criminal
code and however prompt and inflex-
ible its criminal administration. to Sc
cure its own citizens against violence
prompted by Individual malice or BY sudden
popular sumut. The foreign resident must be
content in such cases 10 share the same redress
that Is offered By the law to the citizen, and has
no Just cause OF complaint or right TO ask the
interpoSition OF his country IL the courts are
equally open TO him for the redress Of his in
The treaty IN the first second. third, and
notably In the twenty .third. articles clearly
limits the rights guaranteed to the citizens Of
the contracting powers In thc territory OF each
10 equal treatment end to free access TO the
courts Of justice.
Foreign residents are not made q favored
class. II u not believed that Italy would desire
q more stringen, construction of her duty under
the treaty Where the injury inflicted upon .
foreign resident Is not the act Of the govern
=
mob II Is not believed that o claim for indcm-
nifty can justly Be made unioss Il shall b. made
10 appear that the public authorities charged
with the peace o; the community have con-
nived ~ the Unlawful act or. having timely
notice OF the threatened danger. have been
guilty Of such gross negligence In taking the
necessary precautions a. TO amount TO con-
rivance.
IF, therefore. 10 should appear that among
those killed By the mob AZ New Orleans there
were some Italian subjects who we're resident or
domiciied in that city. agrceably 10 our treaty
with italy. and not IN Violation OF our immi.
grafton laws, and who were abiding in the
peace of the United States and obeying the
laws thereof and the state OF Louisiana and
thEt tse public officers charged with the duty
Of protecting life and property In that cit7
eonnived 81 the work Of the mob. or
upon proper notice or Information Of
the threatened danger failed to take any
steps for the preservation OF the public
peace. and afterward to bring the guilty to
rial the president weuld under such circum-
stances feel that . case was established that
should be submitted TO the consideration 81
congress with Q view 70 the relief OF the fam
uies OF the italian subjects who hec lost their
lives by lawle<s violence.
Accept sir the renewed assurance Of my
high consideration. J<XRs &. BLAINE"