The comet. (Johnson City, Tenn.) 1884-1916, 1891-04-16

States would feel justified in resting
on the argument and conclusion OF
Webster, If the mob OF March IA,
1891, did not in some OF its character
istics differ from the mob OF 1851.
But il is due to entire candor, due to
this Government, and due to the
Government of Italy, to point out GER
tain differences Of which the Govern
mant OF the United Stltes is honor
ably bounl to take notice In the
case of tn mob OF 1851 Webster
asserts that M personal injury was
offered to any one" that "the police
and other legal authorities did all
that was possible to preserve peace
and arrest rioters - that "the mob
acted in the heat of blood and not in
pursuance Of any determined plan or
purpose Of injnry or insult" that
"the mob was composed of irresponsi.
Bile 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 0rl ans"
AS promptly as possible after the
lamentable occurrence at New Or
leans, the President directed the At
torney General to cause, through his
department, full inquiry to be made
into all facts connected Herewith, and
solicited his opinion whether any
criminal proceedings would lie under
federal laws in Federal courts against
persons charged with the killing of
Italian subjects. He has not yet re-
ceived au official report. If it be
found that prosecution can be main
tanned under the statutes OF the
United States case will be presented
to the next grand jury according to
usual methods Of criminal admins
tration. But il it shall be found, as
seems probable, that criminal proceed
ings can only be taken in courts Of
Louisiana, the President cen, in this
direction do no more than to uige up.
on the State officials duty to prompt
ly bring the offenders 10 trial. This
was done in his telegram to the Gov.
ernor of Louisiana as earlyPs March
Is. Ii it shall result that the case can
be prosecuted only in the State Cour's
of Louisiana, and the usual judicial
Investigation and procedure under
criminal 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 under
stood that the State grand jury is now
investigating the affair, and while it is
possible that the jnry may fail to pre-
sent an indictment, the United States
can not assume that such will be the
case. The United States did not
by treaty with Italy become an
insurer of the lives or property ol
Italian subjects resident within oui
territory. No Government is able
however high its civilization, however
vigilant its police supervision, however
severe its criminal code and how
ever prompt and inflexible its crimi
nal administration to secure its
own citizens against violence pro
NOTED | y individual malice or by sud
den popular tumut. Foreign resi-
dents must be content in such cases
to share redress that is offered by law
to citizens and have no just cause O
complaint, or right to ask the inter
position of his country, if courts arr
equally open to him for redress Of hi
/ injuries. The treaty in the first, sec
ond, third and notably in the etwenty
third article clearly limits the righ
guaranteed to citizens OF contracting
powers in territory Of each to equa
treatment and to free access to court
OF Justice. Foreign residents are no
made a favored class. 1t is net be
; lieved that Italy would deserve mef
stringent construction OF her duty ur
der the treaty. Where injury is il
ficted upon foreign residents it is nc
an act Of the Government or Of its 0
ficers, but of an individual or a mol
1t is believed that no claim for linden
nifty can Justly be made unless it sha
be made to appear that the public al
: thorities charged with the peace of tn
community have connived at unlawfl
acts, or having timely notice of
threatened danger, have been gully
such gross negligence in not takin
!. necessary precautions as to amount
connivance. Ii, therefore, IL shoul
!; appear that among those killed by Il
mob at New Orleans there were SON
! Italian subjects who were residen
domicied in that city, agreeably
! our treaty with Italy, ard not in Vi
: lation OF our immigratioR laws, az
:. who we're abiding in peace with Il
I, United States and obeying the la'
thereof aud 6l the State OF Louisian
and Tint public officers charged wi
= " the duty Of protecting life and propt
ty in that cityA connived at Il
work Of the mob, or upC
;, proper notice or information OF 4
threatened danger Jailed TO take al
step for the preser gati0R OF pub
~ peace and afterwards to bring t
guilty to trial, the President Voc
IL 4. -