New-York tribune., 1891-05-07
TIE NEW.ORLEANS GRAND JURY.

TIE NEW-ORLEANS GRAND JUhf'
It cannot be admitted by serious persons that
the New-Orleans Grand Jury have succeeded
in their attempt to justify the action of the
mob. That they made such an attempt is not
however, at all surprising, nor does 1t reject
half so seriously upon the character OF their
people as the fact that the infamous condition
Of affairs they describe could have arisen among
them. The mob itself inflicted no such reproach
unon New-Orleans as the lassitude, indlffer-
encc and carelessness of its citizens have infict-
cd by allowing corruption and violence to be-
come the masters of their government. If the
situation was as abominable as this Grand Jury
report, however it may have developed pop
ular revolution may have been an appropriate
cure, but it should have been attempted first at
the polls. and the objects of its pursuit should
have been others than bound prisoners in
;ail. We are not unmindful OF the ultimate
right that resides in every community from
which authority proceeds, in just and neces-
sary emergency, when its laws are defied and
it's agents overrdden, to resume the funcuons
If has delegated to its servants. This is pre-
c,selv what the Mayor of New-Orleans in sharp
md no,yerful declaration to our correspondent
said was done. "The prisoners" he announced
q" wero lawfully nut to DEATH" This means, of
course, that the mob was the community anu
there is no proof that it was not that perceIV-
ing their courts to be the sport OF criminals ana
the processes of justice the tools by whlch JUS
tice was cheated the community proceeded 10
discharge their duty to themselves and to supply
the virtues and powers of which their servants
had been col1uptly shorn.
If it be necessary to concede that as uoctrihe
this is righteous doctrine it should quickly be
added that it is highly dangerous, and that the
necessity of its application in any gwen case
ourht to be perfectly clear. In this case 1t Is
far from clear. The Grand Jury after weeks OF
Investigation. and with the manifest purpose OF
SnnnIvine excuses for failure to indict the
mob's leaders. are able to show only that the
people have revenged their own folly ana care
lessness upon men who were still III the Id"
grasp. and against whom lawful remedies Were
still available. They do not show that peace
f,l nrocedure. even after the verdict in the Hen
nassv case would not have been efficaclous as
we'll 70 punish those prisoners as to destroy the
Nafa and to re-estabish honest government
Their piesentment is an example OF speci"
nleading They have examined the facts not
with the view of finding how they mighO 40
their duty, but how they might avoid H. IL
NAV be that the trial and conviction OF those
who concocted the conspiracy OF March l4' since
lis results are approved by the entire city, are
a, imnossible task, but the Grand Jury's an
nouncement of fact so little TO their city 5
credit sbmld have been the reluctant testimony
Of men who did not fear at least to tell the
icbt
nartsan statement deliberately contnVed 10
shield the conspirators and to excuse their TOOL
jsh and shameful crime.
II is fortunate for the United States, IN view
Of the admitted nationality of two OF the MOB
victims and in the absence OF Federal law
enabling Federal courts to try offences against
treaties. that there is such an abundance OF evl-
dance as to the criminal antecedents of the
killed Italian subjects, and as to their response
bilitv for the crimes by which they escaped
inst verdict On these points at least the Grand
.Iury are very circumstantial, and il half they
saw can be proved the United states Is under
No oblipation to the Italian Government to rem
der any form of redress. In the first place, II
tbev were Of criminal character prior to their
arrival here. they came in defiance of our immi-
nration laws. and are not entitled to profit by
tbe guarantees of protection advanced to ltal-
IONS generally. Those guarantees, moreover,
are qualified by the provision that Italian sub
iects here must submit themselves to the con-
ditions of law which are imposed upon native
Americans They cannot come here and having
rendered themselves objects Of judicial prosecu-
ton seek to evade it's just results by brlbmg
and coercing iures The protection which civil
ized nations promise to afford the citizens and
subjects of other nations who are travelling OF
soiourning in their territories does not apply TO
those whose conduct is calculated to arouse STRIFE
and violence.