, 1891-04-16

eminent is informed. to its officers resi-
dent 10 New Orleans"
As promptly as possible after the lament.
able occurrence st NeRDrleans. the pres.
Ident directed the Encouragement to
cause, through his department, full in
quirles TO be made into all thel facts con,
nected Herewith, and solicited his
opinion whether any criminal proceed
ings would lie under the federal laws in
the federal courts against the persons
charged with the killing of Italian sub
iects. He has not yet received an official
report. 1t it be found that prosecution
can be maintained under the statutes OF
the United States the case will be pre-
sented to the next grand jury according
to usual methods of criminal admIuistra-
ton. but if it shall be found, as
seems probable, that criminal pro-
ceedlngs can only be taken in
the courts of Louisiana, the president can.
in this direction, do no more than to urge
upon state officers the duty of promptly
bringing the offenders to trial. This was
done in his telegram to the governor of
Louisiana as early as the 18th of March
Ii 1t shall result that the case can be
prosecuted only 10 the state courts OF
LOuislana, and the usual judicial invest
cation aud 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. IL Is understood that the state
grand jury is now investigating the affair.
and while 1t 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 treaty
with Italy become the insurer of the lives
or property of Italian subjects resident
within our territory. No government is
able, however high ITS civilization, how
ever vIgilant its police supervision, how
ever severe its criminal code, and however
prompt and ibhexible its criminal admin
istratiOn, to secure its citizens against
violence promoted by individual malice or
by sudden popular tunult The foreign
residents must be content in such cases to
share the same redress that is offered by
Law TO the citizen and has no Just cause
for complaint or right to ask the inter
position OF his country If the courts are
equally open to him for the redress of his
injuries.
The tresty, 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 aud
to tree access to the courts OF justice.
Foreign residents are not made a favored
class. 1t is not believed hat Italy would
desire a more stringent construction of
her duty under the treaty. Where injury
inflicted upon a foreign resident is not the
act of the government or its officials, but
of an individual or of a mob it is believed
that no claim for indemnity can Justly
he made unless it shall be made to appear
that the public authorities charged with
the peace of the community have connived
at an unlawful act, or. having timely no
tice of threatened danger, have been
guilty of such gross negligence in taking
necessary precautions as to amount to
connivance. If, therefore, it should ap-
pear that among those killed by the mob
at New Orleans there were some Italian
subjects who were residents or domiciled
in that city, agreeably 10 our treaty
with Italy, and not in violation of our i'm
migration laws. and who we're
abiding in the peace of the
United States and obeyIng the laws of
the state vi Louisiana, and that public
officers charged with the duty OF protect
ing life and property in that city connived
at the work of the mob, or upon proper
notice or information of the threatened
danger failed to take any steps for the
preservation of the public peace, aud
afterwards to bring the guilty to trial, the
president would, under such circum-
stances, feel that a case was established
that should be submitted to the cnnsld-
Grafton of congress with a view to the re-
lief of the families of Italian subjects who
had lost their lives by lawless violence.
Accept, sir. the renewed assurance of my
hiPh consideration.
%ISIGNED. JAMES G. BLAINE