The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-16


gusthably invaded the island Of Cuba enacted
JOINT resolution approved by President Fill
more March 3, 1888 the last day OF his term,
lndemnHylng the Spanish consul and other
New Orleans mob in 1881. The considerations
upon which this resolution was
passed were held not to contravene
the original position of Mr. Webster
rlght TO Judicial remedy which Mr.. Webster
assured TO the Spanish subjects is likewise as
sured to the Italian subjects, The right is
specially guaranteed in the second section Of
the t4ird article Of the constitution. And
as Mr. Webster points out, a resi-
dent alien has privilege which
Is denied 60 citizen, Widows and
children of citizens who lost their lives by mob
violence, may sue the leaders and members Of
the mob only in the courts of the state of
Louisiana; while widows and children Of Italian
subjects who suffered death have a right to sue
each member Of the mob, not only in the state
courts, but also befors the federal tribunals for
the district Of Louisiana.
Provision is made in the revised civil code Of
Louisiana for redress of such grievances as the
widows and children Of victims may plead. I
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 this action shall survive, in the
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 a surviving
father or mother, or either of them, for the
space Of one year from death"
Art. 23l6. Every person is responsible for
the damage he occasions, not merely by bis act,
put by MS negligence, his imprudence or his
art 1924. He who causes another person to
do an unlawful act or assists or encourages in
the commission of il is ansverable in solido
with that person for the damage caused by
such act"
The government of the United States would
feel justified In resting on the argument aud con-
ClusiOn of Mr.. Webster If the mob of March 14
Of
from the mob of 1851. But is due 20 entire can
dor, due to this government and due to the gov
ment OF Italy, TO point out certain differences
OF which the government OF the United States is
honoFgbly bound to take notice,
In case OF the mob Of 1851, Mr.. Webster
serts that no personal injury offered to
any one; that the police and other legal au-
thorites did all that possible to preserve
the peace and arrest the rioters. That the mob
acted in the heat of blood aad not in pursuance
of any determined plan or purpose Of injury or
insult; that the mob was composed of irrespon-
sibie 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 possible after the lamentable
Occurrences at New Orleans, the President di-
rected the Attorney General to cause through
his department a full Inquiry to be made into
all OF the facts connected Herewith, and solic-
tied his opinion whether any criminal proceed.
ings would lie under the federal laws in
the federal courts against the
the Italian subjects. He has not yet received
an official report. II it be found that prosecu-
tion can be maintained under the statutes of
the United States the case will be presented to
the next grand jury according to the usual
methods Of criminal administration. But if it
shall be found, as seems probable, that CriIni-
nal proceedings can only be brought in the
courts of Louisiana the President can in this
direction, do no more than to urge upon the
state officials the duty of promptly bringing the
offenders to trial. This was done in his tele-
gram to the governor Of louisiana as early as
March 15
II it shall result that the case can be prose-
cut9d only in the state courts Of Louisiana and
the usual Judicial investigation and procedure
under the criminal law is not resorted to- 1t will
then be the duty of the United States to con
be asked.
1t is understood that the state grand iury ia
now investigating the affair, and while it is
possible that the grand jury may fail to pre-
sent indictments, the United States cannot as
sumo that such will be the case.
The United States did not by its treaty with
Italy become insurer of the lives or property of
Italian subjects resident within our territory.
No govern nent is able, however high It's civili-
zation, however vigi!ant its police supervision,
however severe its criminal code, and however
prompt and inheXible its criminal administra-
ton, to secure its own citi-
zens against violence promoted by
individual malice or by sudden popular tumult.
A foreign resident must be content in such cases
to share the redress that is offered by law to the
citizens; and has no Just cause of complaint or
right to ask the interposition of his country if
the courts are equally open to him for redress
Of his injuries.
The treaty in first, second, third, and notably
in the twenty third article, clearly limits the
right guaranteed to citizens OF the contracting
powers in the territory of each to equal treat
nent and to free access to the courts of Justice
Foreign residents not made a favored class.
1t is not believed that Italy would desire more
stringent construction of her duty under the
treaty. Where the injury inflicted upon q for
eign resident is not an act Of the government
or of its officers but OF an individual
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 coBnived at the unlawful act,
or, having timely notice OF the threatened dan
ger, have been guilty OF such gross negligence
in taking the necessary precautions as to
amount to cOnnivance,
II, therefore, it should appear that among
those killed by the mob at New Orleans there
we're some Italian subjects who were resident
or domicied in that city, agreeably to our
treaty with Italy and not in violation Of our I'm
migration laws, and who were abiding in peace
in the United States and obeying the laws
thereof Of the state of louisiana, and that the
public officers charged with the duty of protect
ing life and property in the
city connived at the work OF the mob,
or upon proper notice or information
of threatened danger, failed to take the steps
for the preservation of the public peace and
afterWard we're found guilty on trial. the Presi-
dent would, under such circumstances, feel that
a case was established that could be submitted
to the consideration Of congress, with a view to
the relief of the families OK the Italian subjects
who had lost their lives by lawess violence.
Accept sir, renewed assurances Of my high
consideration. JAMES q. BLAINE.
SIGNIFICANT FEATURES.
There ore several significant features in
the correspondence made public to-day in
addition to the diplomatic argument proper.
In the first place there should be noted al
most absolute correspondence Of the text of
Premier Rudlnis note with the statement
of its contents cabled from Rome by the
| Associated Press. There are slight differ
ences of verbiage between them, but these
are explained by the fact that the transla-
tions of the Italian dispatch into
English were made by different persons,
and the substance is precisely alike in either
| case. 1t will be observed that the Marquis
Imperiali personally acknowledges the re-
ceipt of Secretary Blaine's letter respec ting
Baron Fava's departure; that while he
transmits Premier Rudinis views they are
over his own signature, and that Secretary
Blaine in his last letter april ~ addressed
himself to the Marquis Imperiali. These
facts may be regarded as final evidence
that, so far from diplomatic relations be-
tween the two countries having been inter-
rupted, they are on practically
the same footing as if the minis
ter had not quilted Washington,
for the rnaruuig aDDaars tn be discharpjnp