Evening journal., 1891-04-16

greatly TO lpe regretted yet IL IA understood
that many American citizens suffered equal
losses from tho same cause. and these private
individuals, subjects OF her Catholic majesty,
coming voluntarily to reside in the United
States, have certainly no cause OF complaint II
they are protected by the same laws and the
same administration of law as native born
eitizens OF this country. They have IN fact
some advantages over citizons Of the state in
which they happen TO he inasmuch as they
are enabled until they become citizens them
selves, e. prosecute for any injury done 70
their peraons or property in the courts Of the
United States, the state courts at their
election" But they were paid.
10 Is proper, however. 70 add that two yeara
after Mr. Webster wrote the foregoing note,
congress-, In recognition of certain magnan
imous conduct on the part Of the queen %
Spain Ia pardons bestowed on Americans VIII
had uniustihahy invaded the island Of Cuba
enaMed q Joint resolution, approved by Pres
ident Fillmore March o 1888, the last day Of his
term, indemnifying the spanish consul and
other spanish SUBJECTS for the LOSSES sustained
by the New Orleans mob Of 1851 The consider
atoms upon which this resolution was passed
were held not 10 oontruveno the original posi-
tion OF Mr.. Webster, shared also by President
Fillmore.
May sue the Mob Leaders.
The right 10 judicial remedy which Mr. Web
stcr assured 70 the Spanish subjects is likewise
a
specially guaranteed in the second section Of
the third article of the constitution. And a.
Mr.. Webster points out the resident alton has
q privilege which Is denied 10 the citizen The
widows and children OF the citizens who lost
their lives by mob violence may sue the
leaders and members of the mob only Ia the
courts uf the state Of Louisiana while the
widows and children Of the Italian subjects
who suffered death have the right 60 sue each
member u the mob, not only in the state
courts, but also before the federal tribunals
for tho district Of Louisiana
The Law fin the Case.
Provision IS made IN the revised civil code Of
Louisiana FOR redress OF such grievances "a tho
widows and children Of the victims of the mob
may plead. ] quote; Article ABBA Every act
whatever ~ man that eauses damage co another
ohliges him by whose fault 1t happened 20 ro
pair ii; the right Of this action shall survive in
case Of death, in favor Of the minor chiidFen
and widow Of the deeeaeod, or either OF them.
and in default Of these, in favor Of the suryiv
ing father or mother, or either of them, for tho
Space o. one year from the death
ARTICLE 2,8l6 Every person Is responsible
| for the damage he occasions not merely by hts
| act but by his negligence his hnprudcnce or
his want Of skill.
"Artich 2'ei He who causes another person
to do an unlawful act or assists or encourages
IN the commission Of il is nnswerabie in s1lido
with that person for the damage caused by such
act
A Somewhat Different Case.
The government Of the United States would
| fesd Justified IN resting on the argument and
i conclusion Of Mr.. Wobster If the mob Of Marcel
4 "a, 1891, did not ia some Of It's characteristic,
/ differ from the mob az 1851. But It Il due 70 en-
/ tire candnr due tu this government and duo K
/ the government uf Italy to point out certain
| differences nf which the government Of th.
| United States Is honorably bound 70 take no
tica
In the case ol the mob II 1851, Mr. Webster
asserta that ~no personal injury was oneredt h
any one" that THE police and other legal au
thoffties did al that WAS possible 10 preservi
the peace and arrest the rioters;' that "th
mob acted IA the heat of blood and not la pur
| auhncc Of any predetermined plan or purpos
Of injury or insult;~ that the mob was com
posed of irresponsible persons the names o
none OF whom are known to The government o
| the United States. nor 50 far as the government
is Informed 20 its officers or agents IN New
Orleans
The Prosident's Action.
| As promptly as possible after the lamentabl,
| occurrence at New Orleans the President di
rocted the attorney general 70 cause through
his department d full inquiry 20 be made int
/ all the facts connected Herewith, and solicited
his opinion whether any criminal proceeding
| would lie under the federal laws in the fedora
courts against persons charged with the killing
Of Italian subjects He hns not vet receives
the official report. II Il be found that a prose
cution can be maintained under the statutes o
| the United States tho case win be presented t,
the next grand jury, according 10 the uHna
methods Of criminal ADMINISTRATION, but II i
shall be found as seems probable, that ciiminn
| proceedings can only be taken in the courts o
Louisiana the president can in this direction d
no more than 70 urge upon the state officer
the duty of promptly bringing the Offenders q
trial This was done IN his telegram to th'
| governor Of Louisiana as early as the 18th d
March
other Demands May lie Considered.
tit shall result that tho case can be prosecuted
only IN the state courts Of Louisiana, and tn,
| usual Judicial Investigation and procedure under
| the criminal law are not resorted to-it win ther
be the duty Of tho United States TO consider
/ whether some other form Of redress may bs
Il asked Il is understood that the state grand
| jury is now investigating the affair." and Will,
| Il Is possible that the jury may fail 70 present
| indictments, the United States cannot assume
i that such will be the case The United States
i did not by the treaty with Italy become the IN
i surer Of the lives or property Of Italian sub
/ iects resident within our territory. No gov
/ ernment IS able, however high it, civilization
l however vigilant its police supervision, how
ever severe its criminal code and however
/ prompt and iniiexible its criminal administra
tion. u secure its own citizens against violence
promoted by individual malice or sudden pop
nlar tumult
One Law for Both Citizen and Alien.
The foreign resident must be content il such
cases TO share the same redress that is offered
by the law 70 the citizon. and has no just cause
i Of complaint, or right 10 ask the interpretation
Of his country II the courts are equally open to
/ him for the redress Of his injuries.
The treaty ia the first, second, third, and
notably in the twenty third articles, clearly
limits the rights guaranteed 70 the citizens 81
the contracting powers IN the territory OF each
to equal treatment and to free access 10 the
courts Of Justice. Foreign residents are not
made favored class. II Is not believed that
Italy would desire "A more stringent construc-
tion Of her duty under tho treaty Where the
injury inflicted upon a foreign resident is not
the act Of the government or Of its officers, but
Of an individual or OF q mob, It Is believed that
no claim Tor indemnity can justly be made un-
less it shall be made to appear that the public
authorities charged with the peace Of the com
munity have connived at the unlawful act or
having timely notice Of the threatened danger
have been guilty Of such gross negligence in
taking the necessary precautions as TO amount
to connivance.
Indemnity Might BE Given.
If, therefore, it 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 pot in violation Of our
immigration laws, and who were abiding in the
peace of the United States and obeying the
laws thereof and OF the state Of louisiana and
that the public officers charged with the duty
Of protesting life and property in that city con
nived at the work Of the mob or upon proper
notice or information Of the threatened danger
failed 70 take any steps for the preservation of
puoic peace and afterward to bring the guilty
TO trial, the president would under such cir
cumstances feel that a case was established that
should be submitted 70 the consideration Of