Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-04-16

AniSoioH oI II, Is anSWeraDle In SOllQO Win tnal
| person for the damage caused by such act.
The government Of the United States woult
elusion Of Mr. webster # thu the mob Of March Il
d dsgi did did not in some Of its characteristic,
tire candor, due to this government, and due te
the government of Italy, to point out certain
differences of which the government of the
United States is honorably bound to take notice
In the case of the mob Of 1851 Mr. Webster as
| serts That no personal injury was offered to any
one" that the police and other legal authori
peace and arrest the rioters" that the mob
acted in the heat of blood and not in pursuance of
| INSULT" that 1.-The mob was composed Of ire
| sponsible persons, the names of none of whom
States nor so far as the government is informed
| to its officers or agents in New Orleans"
AS promptly as possible after the lamentable
occurrence at NewOrleans the president directed
| the attorney general to cause through his de-
partment full inquiry to be made into all facts
connected Herewith, and solicited his opinion
whether any criminal proceedings would lie un-
der the federal laws in the federal courts against
&c wh OF
If 1t be found that a prosecution can be main
tanned 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
NAL proceedngs can only Be- taken GRIM in
courts of Louisiana the president can in this di-
reetion do no more than to urge upon the state
officers the duty of promptly bringing the Of
tenders to trial. This was done in his telegram
to the governor of Louisiana as early as the 18th
If it shall result that the case can be prosecut-
ed only in the state courts of Louisiana and the
usual Judicial INVESTIGATION and procedure un;
then be the duty Of the United States to consid-
er whether some other form of redress may be
asked. a.. =
1t is understood that the state grand jury is
now Investigating the affair, and while it Is pos
bic that the jury may fail to present indictments,
be the case.
The United States did not by the 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 civiliza-
tion however vigilant its police supervision, how
ever severe its criminal code, and however
prompt and infiexible its criminal administra-
tion to secure its own citizens against violence
popular tumult The foreign resident must be
content in such cases to share the same redress
that is offered BY the law to the citizens, and has
terposition of his country if the courts equal
ly open to him for the redress of his injuries
notably in the twenty third articles clearly limits
the rights guaranteed to the citizens of the con-
tracing powers in the territory Of each to
equal treatment and to free access to the courts
of justice. Foreign residents are not made
favored class. It is not believed that Italy
would desire more stringent construction Of
her duty under the treaty: Where the injury
inflicted upon a foreign resident is not the act
individual or of mob it is believed that
no claim for indemnity can justly be
made unless it shall BE. be made to appear
peace of the community have conDived at
the unlawful act or having timely notice of the
gross negligence in taking the necessary precau-
ton as to amount to connivance. If therefore,
mob at New Orleans there were some italian
subjects who were resident or domiciled in that
city, agreeably to our treaty with Italy and not
abiding in the peace of the United States and
obeying the laws thereof and Of the state of
Louisiana, and ~. that the public officers ;eE
aud property in that city conniyed at the
work of the mob or upon proper notice or infor
any steps for the preservation Of the public peace
and afterwards to bring the guilty to trial, the
president would under such circumstances feel
that case was established that should be sub
mitted to the consideration of congress, with
view to the relief of the families of the Italian
subjects, who had lost their lives by lawless vio-
lence
Accept, sir, the renewed assurance of my high
consideration. JAMES G. BLAINE.
1t will be observed from the correspond
ence that the Marquis Imperiali person
ally acknowledges the receipt of Mr..
Blaines letter respecting Baron Fava's de-
parture, that while he transmits Rudini's
views they are over his own signature and
that Secretary Blaine in his last letter
april 14) addresses himself to the Mar
quis Imperial. These facts may be re-
garded as final evidence that so far from
diplomatic relations between the two
countries having been interrupted they
are on practically the same footing as if
the minister had not quilted Washington,
for the Marquis Imperiai appears to be
the full functions of charge
d 'affaires, and so as minister he received
Secretary Blaine's note last night; but its
publication was deferred until to-day in
order to observe the proprieties and afford
to the MARQUIS Imperiali to
the note by cable to his govern
ment in advance of its publication to the
world Secretary Blaine's note contains
internal evidence that this government has
not been threatened if an answer was de-
layed, or of disregard for such threat if
it were made, in the leisurely manner in
which he states that the president "has
taken full time for consideration" of the
treaty questions involved. 1t is also
that the secretary promptly
checks the attempt made by Rudini to
commit the United States to a promise to
pay indemnity by pointing to the guarded
language of his first dispatch and indulg
ing in number of qualifications, the
purpose of which is to require a complete
of several matters that may
be very hard to demonstrate. Such, for
is the fact required to be legally
shown that Louisiana officials connived at
the killing of the Italians, or that they
failed to perform their duties
1t is also insignificant that the secretary
has 30 far found small authority for the
in some quarters that the
United States may prosecute the guilty
parties in its own tribunals, but it ap-
pears that the department of justice is
still wrestling with the problem.