Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-04-23

CnltoQ Stul6S, nave CtItdlulS IdueS VI VIM
plaint if they protected by the same laws
and the same administration of law as native
born citizens of this country. They have, IN
fact, some advantages over cltlZens OF the state
in " hich they ha ppen to be, lnaSmuch as they
are enabled until they become citizens them
selves, to prosecute Tor any injuries done 10
their persons property in the courts OF the
United states or the state courts at their cleo
ton"
1t is proper, however, to add that two years
after Mr.. Webster wrote the foregoing note Con-
gress, IN recognition of certain magnanimoUs
conduct the part of the Queen of Spain in
pardons bestowed on Americans who had un-
iustifiably invaded the Island of Cuba, enacted
q Joint resolution, approved by President Fill
more March 3, 1858, the last day of his term, in
Identifying the Spanish consul and other Span
ish subjects for the losses sustained in the New
Orleans mob of 1881. The considerations upon
which this resolution was passed were held not
to contradict the original position OF Mr.. Web
ster shared also by President Fillmore.
The right to judicial remedy which Mr. Web
ster assured to the Spanish subj ects is likewise
assured to the Italian subjects. The right is
specially guaranteed in the second section OF
the third article of the constitution. And, as
Mr. Webster points out the resident alien has Il
privilege VIII CHI is denied to the citizen. The
widows and children OF the citizens who lost
their lives by mob violence may sue the lead
ers and members of the mob only in the courts
of the state of Louisiana, while the widows and
children of the Italian sub ects who suffered
death have the right to sue each member of the
mob not only i'll the state courts, but also before
the federal tribunals for the district of Loulsi-
ana Provision is made in the revised civil
code of Louisiana for redress of such grievan
ces as the widows and children of the victims of
the mob may plead. quote:
art. 2S14. Every act whatever OF man that
causes damage to another obliges him by whose
fault it happens to repair it. The right of this
action shall survive, in case of death, in favor
of the minor children and widow OF the de-
ceasedO 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.
"ART. 2,316. Every person is responsible for
the damage he occasions, not merely by his act.
but by his negligence, his 1mprudence or MS
want of skill.
ART. 1924. He who causes another person to
do an unlawful act or assists or encourages III
the commission of it is ansWerable IN S0{5d0 with
that person for the damage caused by such act:
The government of the United states would
feel justified i'll resting on the argument ana
conclusion of MIR. Webster if the mob of March
II, 1891, did not in some of its characteristics
differ from the mob of 1851. But it is due to en-
tire candor due to this government and due to
differences of which the government of the
United States is honestly bound to take notice.
In the case of the mob of 1851 MIR. Webster as
serts that mo personal injury was offered 10
any one:' that 1.-The police and other legal au-
thoritieS did all that was possible to preserve
the peace and arrest the rioters;" that 1.-The mob
acted in the heat of blood and not in pursuance
of any predetermined plan or purpose of injury
or INSULT that 1.-THE mob was composed OF ire
sponsible persons, the names of none of whom
are known to the government of the United
formed, to it's officers agents in New Orleans.
AS promptly as possible after the lamentable
occurrence at New Orleans the President direct
ed the attorney general to cause, through his
department full inquiry to be made into all
the facts connected Herewith, and solicited his
opinion whether any criminal proceedings
would lie under the federal laws in the federal
courts against persons charged with the killing
of Italian subjects. He had not yet received
the official report If it be found that prose
cution 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 1t
shall be found, as seems probable, 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 officers
the duty of promptly bringing the offenders to
trial This was done IN his telegram to the gov
ernor of Louisiana as early as the 10th OF
March.
fit shall result that the case can be prose-
cuted only in the state courts of Louisiana, and
the usual iudic al investigation and procedure
under the criminal law is not resorted to- it will
then be the duty of the United States to consid-
er 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 in
dictments, 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 lives or property of
Italian SUBJ ects residing within our territory.
No government is able, however high its civil
zaton however vigilant its police supervision,
however severe its criminal code, and however
prompt and infeXible its criminal admlnlstra-
ton, to secure its own citizens against violence
promoted by individual malice or by sudden
popular tumult. The foreign resident must be
content in such case to share the same redress
that is offered by the law to the citizens. and has
no Just cause to complain, or right to ask the
interpOsition of his country, if the courts are
equally open to him for the redress of his in
jurieS
The treaty in the first. second, third, and not
ably in the twenty third articles clearly limits
the rights guaranteed to the citizens of the con-
tracing powers in the territory of each to equal
treatment and to free access to the courts of
justice. Foreign residents are not made fay
ored class. 1t is not believed that Italy would
desire more stringent construction of her duty
under the treaty Where the injury inflicted
upon foreign resident is not the act of the gov
eminent, or of its officers, but of an individual
of mob, it is believed that no claim for
indemnity can Justly be made unless 1t shall be
made to appear that the public authorities
charged with the peace of the community 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 connlV-
ance.
If therefore, it should appear that among
those killed by the mob at New Orleans there
were some Italian subjects who were resident or
domicied in that city agreeably to our treaty
with Italy and not in violation OF our lmmigra-
lion laws, and were abiding in the peace of the
United States and obeying the laws thereof and
of the state of louisiana and that the officers
charged with the duty of protecting life and
property in that city connived at the work of
the mob, or upon proper notice and information
of the threatened danger failed to take any
steps for the preservation of the public peace
and afterward to bring the guilty to trial, the
President would under such circumstances feel
that was established that should be sub
mitted to the consideration of Congress with q
view to the relief of the families of the Italian
subjects who had lost their lives by lawless vio-
lence
Accept, sir. the renewed assurances Of my
high consideration. JAMES G. BLAINE.
STOLE THE BALLOT BILL.