The McCook tribune., 1891-04-24

inal proceedings would lie unoer the
federal laws in federal courts against
nersons charged with the killing OF
Italian subjects. He has not YET re-
ceiyed the official report. II IL Do
found that prosecution can be MAIN
tanned under the statutes OF the Unlted
States the case will be presented TO the
next grand jury according to the usual
methods of criminal administration.
But If it be found. as seems prooaoie'
that criminal proceedings can only be
taken in the courts OF louisiana the
president can in this direction 40 no
more than urge upon the state otficers
the duty OF promptly bringing the
offenders to trial. This was done IN
his telegram to the governor OF Loulsl-
ana of March Is. II 1t shall result
that the case can be prosecuted only
in the state courts of Louisiana and
the usual judicial Investigation ana
procedure under the 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 understood that
the state grand jury is now investl-
eating the affair, and while 1t Is pos
sible that the jury may fail to present
indictments, 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 sub
jects resident within our territory. No
government is able however high its
civilization, how vigilant its po-
lice supervision, however severe its
criminal code. and however prompt
and infexible its criminal admlnlstra-
ton, to secure its own citizens against
violence promoted by individual malice
or by sudden popular tumult. A for
eign resident must be content in such
cases to share the same redress that IS
offered by law to citizen. and has no
just cause of complaint or right TO ask
the interposition OF his country ii the
courts are equally open to him for re-
dress of his injuries. The treaty in
the first. second, third. and, notably in
the twenty-third articles clearly limits
the rights guaranteed to citizens of the
contracting powers in the territory OF
each to equal treatment and to free ac-
cess to courts of justice. Foreign res
idents are not made q favored class.
1t is not believed that Italy would de-
sire more stringent construction TO
her duty under the treaty. Where 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 claim for
indemnity can Justly be made unless it
shall be made to appear that the pub
lie authorities charged with the peace
of the community have connived at this
unlawful act or, having timely
notice of the threatened danger. have
been guilty of such gross negli-
gence in taking necessary precautions
as to amount to cOnnivance. If, there
fore, it should appear that among
those killed by the mob at New Or
leans there were some Italian subjects
who were resident or domiciled in the
city agreeably to our treaty with Italy
and not in violation of our immigra-
ton laws, and who were abiding in the
peace OF the United States and obey
ing the laws thereof and OF the state
of Louisiana, and that the puoiic Off
GERS charged with the duty OF protect
ing life and property in that city con-
nived at the work of the mob or upon
proper notice or information Of the
threatened danger, failed to take any
steps for proper protection and after
wards to bring the guilty to trial. the
president would, under such circum-
stances, feel that case was estab-
lished that should be submitted to the
consideration of congress with view
to the relief of families of the Italian
subjects who have lost their lives by
lawless violence. Accept sir, the re-
newed assurance of my high consider
alton. JAMES q. BLAINE.