The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-04-16

10, uus, anu gave MS reasons as follows
Inns government supposes that the rights OF
Ger residing here under the pro
tectlon of the United States are
quite dlfferent from those of Spanish
SUBJECTS who have come into the country tc
Hlngle with our own citizens and here ia
pursue their own private business and OBJ
Jects. The former may claim special in
uemnlty; the latter are entitled to such
protectlon as is afforded to our own citi.
zenz. While, therefore, the losses of indi-
Vlduai private Spanish subjects are greatly
10 De regretted, yet it is understood MANY
American citizens suffered equal losses from
Inc same cause, and those private indiyidu-
ais, subjects of her Catholic majesty coming
voluntary TO the United States, have GER
Oalnly no cause of complaint if they are
protected by the same laws aud the same
administration of the law as native born
Sltlzens OF this country. They have, in
lact some advantages over the citizens of
the state In which they happen to be mas
mQch as they are enabled, until they become
citizens themselves, to prosecute for anv in
!urles done to their persons or property in
the courts OF the United States or state
courts, at their election.
IL Is proper, however, to add that TWO
years later Congress, in recognition of GER
TAIN magnanlmous conduct on the part of
tie queen OF Spain in pardons bestowed on
americans who had unjustifiably invaded
Tue Island OF Cuba, enacted a Joint resolu-
SION lnoemnlfylng the Spanish consul and
0tner Spanish subjects for losses sustained.
IL was held not to contraVene the original
position OF Webster, shared also by Presi
usnt flumore. The right to judicial rem
Guy Whlch webster assured the Spaniards
is likewise assured to Italian subjects. q
flRnt specially guaranteed in the second
secIlon OF the third article OF the constitu-
Oion, and, as Webster points out, resident
amen mas privilege which is denied TO the
Citizen. The widows and children of clti
zens VINO lost their lives by mob violence
may sue the leaders and membars of
the mob only in the courts of the state of
louisiana, while the widows and children
OF Inc Italian subjects who suffered
ueath nave right to sue each member of the
inoo not only IN the state courts. but also
before the federal tribunals for the district
OF Louisiana. Provision is made in the re-
Vlsed civil code of Louisiana for redress of
sucn grievances as the widows and chill
aren OF the victims of a mob may plead.n
biaine mere quotes from the statutes OF
louisiana and continues: 1.-THE government
OF Inc United States would feel justified in
restlng on the argument and conclusion of
WEBSTER II the mob of March IA, 1891, did
not III some OF It's characteristics differ
from the mob of 1851. But it is with entire
candor due 10 this government and due tn
the government of Italy to point ont GER
TAIN dl1erences of which the government
Oh tine United States is honorably bound
W Jake noulce. In the case OF the mob of
DOL WEBSTER asserts that no personal in
Jury was offered to any one:' that sthe no.
lice and other legal authorities did all that
was possible to preserve the peace and ar
rest the rloters;' that the mob acted in the
neat OF blood, and not in pursuance of any
premeditated plan or purpose of injury or
insult that the mob was composed of
irresponsible persons, the names of none of
whom are known 10 the government of
the United States, nor, so far as the gov
srnment IS informed, to its officers present
"a new orleans As promptly as possible
after the lamentable occurrence in Nav
Orleans the President directed the attor-
ley-general to cause through his depart
nent 1uH inquiry to be made into ali the
acts connected herewith, and solicited
us opinion whether any criminal
lie under the federal
avs in federal courts against persons
,nargcd with the killing of the Italians
de has not received an official report. IF
L oe found that prosecution can be main
,alneo under the statutes of the United
states, the case will be presented tn the
next grand jury, according to the usnaI |
II criminal administration. But If
i shau be found, as seems probable. that
;rlmlnal proceedings can only be taken in |
courts OF Louisiana, the President can. in
MS direction. do no more than charge upon
ne state officers the duty of PROMPTLY
bringing thu offenders to trial This was
lone In his telegram to the governor of |
LOUISIANA as early as the 18th OF March. If |
shan result that the case can be prose |
,uted only in the state courts of I,onisiano
md the usual judicial investigation and |
procedure under the criminal law is not re- |
Dorted, II Will then be the duty of the |
United States to consider whether some |
'ther form Of redress may be asked. II is
Understood the state grand iurv ia |
low investigating the affair and
While 1t is possible that the jury may fail to |
resent indictments, the United States can
.ot assume that such will be the case. The |
Jnlted States did not by the treaty with !
tally become the insurer of the lives or
property OF Italian subjects residents with |
q our territory. No government is able. |
owever high its civilization. however
lgllant its police supervision, however
evere its criminal CODE and however
rompt and infieXible it's criminal admins
to secure its own citizens against
lolence promoted by Individual malice or
y sudden popular tumult The foreign
esldent must be content in such cases to
hare the same redress that is offered nv
be law to the citizen: and has no inst
ause OF complaint or right to ask the inter
osltlon OF his country, if the courts ara
qually open TO him for redress. The treaty.
q the hrst, second, third and notably in the
wenty- third, articles, clearly limits the
Ights guaranteed to the citizens of
ne contracting powers in the territory
each 20 equal treatment and to free &C
ess to the courts of justice. Foreign resi-
ents are not made favored class IT ia
OF believed that Italy would desire q more
trlngent construction of her duty under
ne treaty, where an injury inflicted upon
'relgn resident was not the act of the gov
rnment or OF its officers, but of individuals
OF MOB. 1t is not believed that a claim
>r indemnity can justly be made unless il
lall be made to appear that the public an
lorltles charged with the peace of the
Immunity have connived at an unlawful
u, or having timely notice of threatened
anger nave been guilty of such gross neg
gence In taxing the necessary precautions
J to amount to connivance. Therefore il
lould appear that among those killed by
Ie mob at New Orleans there were some
allan subjects who were residents or i
)miciled in that city, agreeablv tn {
If treaty with Italy and not in violation :
our immigration laws, and who were
)ldlng IN peace IN the United States and
,eying the laws thereof and of the state {
Louisiana, snd that the public Officers :
arged with the duty Of protecting life | +
i'd property in that city connived at the
ork of the mob, or upon proper notice of
reatened danger, failed to take any stems
+ the preservation of the public peace and
forwards to bring the guilty to trial the /
resident would, under such circum- &
ances, feel a case was established that r
ould be submitted to the consideration of =
'ngress with view to the relief of the :
miles of these Italian subjects who lost $
cir lives by lawless violence. Accept. sir. y
e renewed assurance of my high con-
leration. '