The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-04-16
APRIL

ID.
zsns. Mr.. Webster declined to accede to tb
demand. and gave his reasons, as follows
ssThis government supp0ses the rights Of th
Spanish consul, public official residing her
| under the protection OF the united State
government, to be quite different from thos,
| Of Spanish Subjects, who come into the conn
| try to mingle with our own citizens, and arr
| here to pursue their private business ant
| objects The former may claim special in
demnity, the latter are entitled to such pro
| While. therefore, the losses. of in
| dividuals, private Spanish subjects, are
| greatly to be regretted, yet 1t Is understand
| that many American citizens have suffered
| equal losses from the same cause. These
| private individuals. subjects OF Her Catho
| lie Majesty, coming voluntarily. to reside in
| the United States, have certainly no cause oj
complaint If they are protected by the same
laws and same administration of law. as
native born citizens of this country. They
have, in fact. some advantages over the State
In which they happen to be, inasmuch As
they are enabled, until they become citizens
themselves. to prosecute for any injuries
done their persons or property, in the courts
Of the United States, or the state courts, at
their election" ~
It is proper to add that two years after MIR,
Webster wrote the foregoing note, Congress-
In recognition Of certain magnanimous con,
duct on the part Of the Queen of Spain. in
pardonS bestowed upon the Americans who
unJustifably invaded the Island of Cuba.
enacted joint resolution, which was an
proved by President Fillmore, March 3, 1858,
lndemnifying the Spanish consul and other
Spanish subjects for losses sustained in the
New Orleans mob of 1851. The considera.
tions upon which this resolution passed were
neld not to c0ntravene the original position
OF OF Mr.. Webster, shared also by President
Fillmore.
TT, The right to judicial remedy which Mr.
MeDster assured Spanish subjects, Is like
wise assured to Italian subjects. The right
Is specially guaranteed in the second section
OF the third article of the Constitution. A
resident alien has privilege denied a citi-
zen. The widows and children of the
citizens who lost their lives by mob violence,
may sue the leaders and member of the M OBJ
only In the courts Of the State of Louisiana,
while the widows and children of the Italian
subjects who suffered death, have the right
to sue each member of the mob, not only in
the state courts, but also before the Federal
tribunals for the district of Louisiana. Pro-
vision Is made in the revised civil code of
Louisiana for redress of such grievances as
the widows and children Of victims of a mob
may plead. quote:
Article 2314-Every act whatever of a man that
causes damage to another obliges him by whose
fault 1t happened to repair it. The right to this
action shall survive, In case of death, lin favor of
the minor children and widow of the deceased, or
either OF them and in default of these in favor OF
the surviving father or mother, or either OF them
IOr Un6 space OF one year from death.
Article 2316-Eyery person Is responsible for
the damage he occasions not merely by his act,
but his negligence, his imprudence, or his want OF
skill.
Article 2324-He who causes another person
TO do an unlawful act or encourages him in the
commission of it, is answerable in solido with that
person for the damage cOused by such act.
The government of the United States
argument and conclusion of Mr.. Webster
II the mob Of March IA. 1891, cid not
In some of its characteristics differ
from the mob of 1851. 1t is due to
entire candor, due to this government,
due to the government Of Italy, to point out
OF the United States is honorably bound to
take notice. In the case of the mob of 1851,
Mr.. Webster asserts: mo personal injury
was offered any one" "The police and other
legal authorities did all possible to preserve
peace and arrest the rioters" "The mob
acted in the heat of blood, not In the persu-
ance of any predetermined plan or purpose
of injury or insult" "The mob was com
posed of irresponsible persons, the names Of
none Of whom are known to the govern
ment OF the United States, nor, so far as the
government is informed, to its officers or
agents in New Orleans"
As promptly as possible after the lament
able occurrence at New Orleans, the Presi-
dent directed the Attorney General to cause
through his department full inquiry 10 he
made into all the facts connected therewith
and solicited his opinion whether any GRIM
inal proceedings would lie under the federal
laws 10 the federal courts against the per-
sons charged with killing Italian subjects.
He has not yet received the official report.
Ii 1t be found that prosecution can be main
tained underthe statutes of the nited States
the case will be presented to the next grand
jury, according to the usual methods OF Grim
lnal administration. But If it be found. as
seems probable, that criminal proceedings
can only be taken in the courts of Louis
lana, the President can, in this direction,
do no more than urge upon the 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
10Th of March. If it shall result that the
case can be prosecuted only in the state
courts of Louisiana. and the usual judicial
investigation and procedure under the crimi-
nal 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.
1t is understood that the state grand jury is
now investigating the affair. While it is
possible the jury may fail to present indict-
ments. the United States cannot assume that
such will be the case.
The United States did not by treaty with
Italy become an insurer of the lives or prop
erty of Italian subjects resident within our
territory. No government is able, however
high its civilization, however vigilant its po-
lice supervision, however severe its criminal
inal administration, to secure its own citi-
zens against violence promoted by individ-
ual malice or sudden popular tumult A
foreign resident must be content in such
cases to share the same redress offered by
law TO citizen. lie 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 the first, second, third and notably In the
23rd articles, clearly limits the rights guar
anteed citizens of the contracting powers in
territory Of each to equal treatment and free
access to the courts of justice. Foreign resi-
dents are not made favored class and it is
not believed that Italy would desire a more
stringent construction of her duty under the
treaty. Where injury is inflicted upon for
eign resident. 1t is not the act of the govern
ment or its officers. but of an individual or a
mob. 1t is believed that no claim for in
demnity can justly be made unless it be made
to appear that the public authorities, charged
with the peace of the community, have con-
nived at unlawful acts or, having timely
notice OF threatened danger, been guilty Of
such gross negligence In taking the neces-
sary precautions as to amount to connivance.
LII, therefore, 1t should appear that among
those killed by the mob at New Orleans were
some Italian subjects, resident or domiciled
In that city agreeably to our treaty with
Italy, ana not In violation IF our immlgra-
lion laws, who were abiding in peace In the
United States and Obeying the laws thereof.
and OF the state of Louisiana, and that the
public otllcers charged with the duty OF pro-
tectlng lie and property in that city con-
nived at the work of the mob, or, upon proper
notice or Information of the threatened dan
ger, failed to take any steps for the preserva-
tion OF the public peace, and afterwards to
bring the guilty to trial, the President would.
under such circumstances, feal case estab-
llshed that should be submitted to the con-
siderati0n OF Congress with view to the
relief OF the families Of the Italian subjects
who lost their lives by lawless violence.
accept SIR, the renewed assurance Oh my
high consideration.
JAMES G. BLAINE.
1t will be observed from the correspon-
dence that the Marquis Imperiali personally
acknowledges the receipt Of Mr.. Blaine's
letter respecting Baron Fava's departure.
and while he transmits the Marquis de Ru.
dinis views, these are over his own signature
Secretary Blaine, in his last letter. addresses
himself to the Marquis Imperiali. These
facts may be regarded as final evidence that
diplomatic relations between the countries
are on practically the same footing as If the
minister had not quilted Washington.
Secretary Blaine's note contains internal
evidence that this government has not been
threatened If the answer was delayed, or of
disregard for such threat if 1t were made,
In the leisnrely manner in which he states
that the President "has taken full time for