St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-04-16

AS Mr. Webster Points Out,
the resident alien has privilege which is
denied to the citizen. The widows and chill
dren of the citizens who lost their lives by
mob violence may sue the leaders and men,
bers 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 right to sue each member of
the mob, not only in the state courts, but
also before the federal tribunals for the dis
trict of Louisiana. Provision is made in the
revised civil code of Louisiana for redress of
such grievances as the widows and children
OF the victims of the mob may plead.
quote:
Article 2314-Every act whatever of man
that causes damage to another obliges him
by whose fault it happened to repair it. The
right of THE action shall survive, in case of
death, in favor of the minor children and
widow of the deceased, or either of them.
and, In default of these, in favor of the sur
ylvlng father or mother, or either of them,
for the space Of one year from the death.
Article 23l6-Every person is responsible
for the damage he occasions. not merely by
his act, but by his negligence, his impruuence
or his want of skill.
Article 2324--He who causes another per-
son TO DO an unlawful act, or assists or en-
courages in the commission of ii, is answera-
bic in solido with that person for the damage
caused by such act''
The government of the United States
would feel justified i'll resting on the argu-
mob of March II, 1921, 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
HOnOrably Bound to Take Notice.
In the case of the mob of 1851, Mr.. Webster
asserts that mo personal injury was offered
to any one;" that 1.-The police and other legal
authorities did all that was possible to pre-
serve the peace and arrest the roters,'' that
the mob acted in the heat of blood, and not
III pursuance Of any predetermined plan
or purpose of injury or insult;''
that 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 Informed, to its officers or agents in New
Orleans" AS promptly as possible after
the lamentable occurrence at New Orleans
the president directed the attorney general
to cause through his department Il full in
quiry to be made into all facts connected
herewith and solicited his opinion whether
any criminal 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 Of
tical report. If it be found that a precau-
ton can be obtained under the statutes of
the United States the case will be pre-
rented to the next grand jury, ac-
E2ording to the usual methods of
criminal administration. But If 1t shall be
found, as seems probable, that criminal pro-
ceedings can only be taken in the courts of
Louisiana, the president can in this direc-
ton do no more than to urge upon the state
officers the duty of promptly bringing the
offenders to trial. This was done in his tele
gram to the governor of Louisiana as early
as the 18th of March. If 1t shall result that
the case can be prosecuted only in the state
courts of Louisiana, and the usual judicial
investigation and procedure under the criml-
nal law is not resorted 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
rs Now Investigating
the affair, and while it is possible that the
jury may fail to present indictments, 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
the lives or property of Italian subjects resi-
dent within our territory. No government is
able, however nigh its civilization. however
vigilant its pUlice code, and however prompt
and intleXible its criminal administration TO
secure its own citizens against violence pro-
NOTED by individual malice or by sudden
popular tumult. The foreign resident must
be content in such cases to share the same
redress that is offered by the law to the citi-
zen, and has no just cause of complaint
or right to ask the interpostion 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 the citizens of he con-
tracing powers i'll the territory of each to
equal treatment and to free access to the
courts of justice. Foreign residents are not
made a favored class. Ii is not believed that
Italy would desire more stringent construc-
ton of duty under the traaty. 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 mob, it is not
believed that any claim for indemnity
can justly be made unless 1t shall
do hot
lie authorities charged with the
peace of the community have eonnived at
the unlawful aim or having timely notice of
the threatened danger. have been guilty Of
such gross negligence in taking the neces-
sary precautions as to amount to connivance
H. 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 abiding 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 pro-
tecting life and property in that city con-
Dived at the work of the mob or upon proper
notice or information of the threatened dan
GER failed to take any steps for the preser-
vation of the public peace, and afterwards 10
bring the guilty to trial, the president would,
under such circumstances feel that a case
was established that should be submitted to
the consideration of congress with view to
the relief of the Italian subjects who had
lost their lives by lawless violence. Accept
sir. the renewed assurance of my high con-
sideration. JAMES G. BLAINE.
There are several significant features
in the correspondence made public to-
day, in addition to the diplomatic argu-
ment proper. In the first place, there
should be noted the almost absolute
correspondence of the text of Rudinl'S
note with the statement of its contents
cabled from Rome by the Associated
Press. There are slight differences of
yerbiage between them, but these are
explained by the fact that the transla-
tions of the Italian dispatch into En-
glish were made by different persons.
and the substance is precisely alike in
either case. 1t will be observed that the
Marquis Imperiali personally acknowl-
edges the receipt of Mr.. Blaine's letter
respecting Fava's departure; that
while he transmits Rudini's views they
are over his own signature. and
that Secretary Blaine in his last letter,
April IA, addresses himself to the Mar
quis ImperialI. These facts may be re-
garded as final evidence that, so far
from diplomatic relations between the
two countries having been interrupted,
they are OIL practically the same foot
ing as if the minister had not quilted
Washington, for the marquis appears
to be discharging
The Full Functions
of charge d. affairs, and so, as minister,
he received Secretary Blaine's note last
night, but its publication was deferred
until to-day in order to observe the pro-
prieties and afford an opportunity to
the Marquis Tmperiali to transmit the
note by cable to his government in ad-
vance Of its publication to the world.