The Critic and record., 1891-04-16

subjects who have come into the country
to mingle with our own citizens, and here
TO pursue their private business and OBJ
iccts. The former may claim special
indemnity; the latter are entitled TO such
protection as Is afforded TO our own citi-
Zeus.
while, therefore. the losses of indi-
vidual private Spanish subjects are
greatly to be regretted yet it is to be un-
derstuod that many American citizens
suffered equal losses from the same cause;
and those private individuals, subjects of
her Catholic majesty, coming voluntarily
to reside in the United States, have GER
tainly no cause Of complain! If they are
protected by the same laws, and the same
administration of the law, as native-born
citizens OF this country. They have in
fact, some advantages over citizens of the
States in which they happen to be- mas
much as they are enabled, until they be-
come citizens themselves, to prosecute for
any injuries done to their persons or
property in the courts of the United
States or the States courts, at their cleo
tion.n
II is proper, however, to add that
TWO YEARS AFTER MR.. WEBSTER
wrote the foregoing note Congress, in
recognition of certain magnanimous con-
duct on the part of the Queen of Spain in
pardons bestowed on Americans who had
uniustiiably invaded the Island of Cuba,
enacted joint resolution, approved by
President Fillmore March 3, 1868 (last day
Of bis term), indemnfying the Spanish
consul and other Spanish subjects for
losses sustained in the New Orleans mob
in 1851. The considerations upon which
this res olution was passed were held not
10 contravene the original position of Mr..
Webster shared also by President Fill
more.
THE RIGHT TO JUDICIAL REMEDY
which Mr.. Webster assured the Spanish
subjects is likewise assured the Italian
subjects. The right is specially guaran-
ted in the second chapter of the third ar
ticle of the Constitution. And as Mr..
Webster points out the resident alien has
privilege which is denied 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 in the courts of the State of Louis
lana, while the widows and children of
the Italian subjects who suffered death
have tie right to sre each member of the
mob, not only in the State courts, but
also before the Federal tribunals for the
district of Louisiana.
Provision is made in the revised civil
code of Louisiana for
REDRESS OF SUCH GRIEVANCES
rs the widows and children of the victims
may plead. quote:
Article 23lI Every act whatever of
man that pnugpc IntnoUp IN onpthnr oh
ges linn by whose fault it happened to
repair il; the right of this action shall
survive in case of death, in favor of the
minor children and widow of the de-
ceased, or either of them, and in default
of these in favor of the surviving father
or mother, or either of them, for the
space of one year from the DEATH
Article 23l6. Every person is response
bic for the damage he occasions, not
merely by his act, but by his negligence,
his imprudence or his want of skill"
Article 1924. He who causes another
person to do an unlawful act, or assists or
encourages in the commission of It, is
aDswerable IL Soli3o with that person for
the damage caused by such act.n
THE GOVERNMENT
of the United States would feel justified
in resting on the argument and conclusion
of Mr.. Webster if the mob of March If,
1891, did not, in someof its characteristics,
differ from the mob of 1851. But it is
due to entire candor, due to this Govern
ment, and due to 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 asserts that "no personal injury
was offered to any one;' that "the police
and other legal authorities did all that
was possible to preserve peace and arrest
the rioters" that the mob acted in the
heat of blood and not in pursuance of
any determined 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 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 lamentable occurrence at New
Orleans the President directed the Attor-
ney.General to cause through his Depart
ment full inquiry to be made into all
facts connected Herewith, and solicited
his opinion whether any criminal pro-
ceedings would lie under the Federal laws
in the Federal courts against persons
charged with the killing of Italian sub
jects. He has not yet received the official
report. If it be found that prosecution
can be maintained under the statutes of
the Unites, the case will be presented to
the next grand jury, according to the usual
methods of criminal administration.
But if it shall be found, as seems proba-
Bile, that criminal proceedings can only
be taken in the courts of Louisiana, the
President can in this direction do no more
than TO urge upon the State officials the
duty of promptly bringing the offenders
to trial.
THIS WAS DONE
in his telegram TO the Governor of Louisi-
ana 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 investi-
CATION and procedure under the criminal
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." and
while it is 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 resident within our terri
tory. No government is able, how
ever high its civilization, however
yigilant its police supervision, however
severe its criminal code, and however
prompt and infexible its criminal admin
istration, to secure its own citizens against
violence promoted by individual malice
or by sudden popular tumult. The for