The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-04-16

es>s tios iuauy american citizens suffered
yate individuals, subjects of her CathoiIc
majesty, coming voluntarily to reside in the
tMted states, have certainly no cause to COM
piain u tney are protected by the same laws and
tne same administration of law as native-boru
dtizens OF this country. They have, in fact,
some advantages over citizens of the state in
which they happen to be, inasmuch a they are
enaDicd, until they become citizens themselves,
20 prosecute for any injustice done to their per
sons or property in the courts of the United
States OF state courts, at their election" II is
proper, however, to add that two years later
congress-, IN recognition of certain magnani-
nous conduct on part of the queen of Spain in
PARDON bestowed upon Americans who had un-
lusuhably invaded the island of Cuba, enacted
a-loint resolution indemnifying the Spanish
consul and other Spanish subjects for Losses
sustained 1t was held, however, not to con-
sfavene the original position of Webster,
ennred also by President Fillmore. The
night to judicial remedy which Webster assured
10 spanish subjects is likewise assured to
Italian subjects The right is specially guaran-
teed IN the second section of the third article of
the constitution, and as Webster points out,
resident alien has privilege which is denied to
cit1zen The widows and children of citizens
who lost their lives by mob violence may sue
the members OF the mob only in the courts of
the state OF Louisiana. while the widows and
children OF Italian subjects who suffered death
nave the right to sue each member of the mob
not only in the state courts, but also before the
federai tribunal for the district of Louisiana for
the redress OF such grievances as the widows
ana children Of victims of mobs may plead
Blaine here quotes from the statutes OF LOuisi-
ana. and continues: The government of the
United States would feel justified in resting on
the argument and conclusion of Webster if the
mob OF March IA, 1891, did not in some of its
eharacterizatious differ from the mob of 1851,
bus It is due to entire candor, due to this gov
point out certain differences of which the gov
ernment OF the United States is honorably
bound to take notice. In the case of the mob of
lSol, " ebster asserts that no personal injury
wa9 offered to any one: that s.the police and
other legal authorities did all that is possible
to preserve the peace and arrest the rioters;
that "the mOb's action was in the heat OF blood
ana not In pursuance of any predetermined
plan or purpose of injury or insult" that ''the
mob was composed of irresponsible persons, the
names OF none of whom are known to the gov
ernment OF the United States, nor. 80 far as the
government IS informed, to its officers or agents
in New Orleans"
Az promptly as possible after the lamcntable
occurrence at New Orleans, the president di-
his department full inquiry to be made into
all the facts connected Herewith, and solicited
his opinion whether any criminal proceedings
would be brought under the federal laws in
federal courts against persons charged with the
killing of Italian subjects He has not
yet received an official report. If
1t shall be found that q 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, AZ = probable, that criminal pro-
ceedings 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, If 1t shall result that the crimes can be
pH0secuted only In the state courts of Louisiana
and the usual judicial Investigation and pro-
cedure under criminal law is not resorted to,
Il will then be the duty of the United States to
consider whether some other form OF redress
may be asked. II ID understood that the state
grand jury Is now Investigating the affair, and
while it IL 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 the treaty
With Italy, become the insurer of the lives
or property of Italian subjects or resi-
dents within our territory. No govern.
ment b able, however high its civiliza-
tiuus uOWeSet v1SlIdut 1tS pO1ce Supe1yiSiOu,
however severe its criminal code anu however
prompt and inflexible its criminal administra-
tion, to secure our citizens against violence
promoted by individual malice or by sudden
popular tumult. The foreign resident must be
content in such cases to share the same redress
that is offered by law to citizens, and has just
cause of complaint or right to ask the
intefposition of his country If the courts are
equally open to him for redress of his injuries.
I'M hat 6rSfS nj au6u unta
in the twenty-third, articles clearly limits the
rights guaranteed to citizens of the contracting
powers In the territory of each to equal treat
ment and to free access to the courts of justice.
Foreign residents are 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 on foreign
its officers, but of individuals or of mob 1t is
not believed that q claim for indemnity can be
Justly made unless il shall be made to appear
that the public authorities charged with the
peace of the community have conniyed at the
unlawful act, or, having timely notice OF the
threatened violence, have been guilty of such
gross negligence in taking the necessary pre-
cautions as to amount TO connivance. If, there
fore, il should appear that among those killed
by the 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 in violation of the immigration laws,
and who were abiding in peace in the United
States and obeying the laws thereof and
of the state of Louisiana, and tina. the
public officers charged with the duty
of protecting 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 step for the preserva
tion of the public peace and afterwards to bring
the guilty parties to trial, the president would
under such circumstances feel that case was
established that should be submitted To consid
Grafton OF congress with a view to the relief of
the families of Italian subjects who had lost
their lives by lawless violence. Accept the re-
newed assurance OF my high consideration.
JAMES G. BLAINE.
A VICTORY FOR BLAINE.
English Press Comment ON the COrre-
spondence-The Mafia Badly Beaten.
LONDON, April 15.-The Times, commenting on
the American Italian correspondence, says: The