The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1891-04-23

OF the United States or the State courts
at their election.
1T is proper, however, to add that two
years after Mr. Webster wrote the fore
going note Congi ess, in recognition OF
certain magnanimous conduct ON the
part OF the Queen of Spain in pardons
bestowed on Americans who had unius-
tiliably invaded the Island Of Cuba,
enacted joint resolution, approved by
President Fillmore March 3, 1853 (last
day OF his term), indemnifying the
Spanish consul and other Spanish sub
lects for losses sustained in the New
Orleans mob in 1851. The considera-
lions upon which this resolution was
passed were held not to contravene the
original position of Mr.. Webster, shared
also by President Fillmore.
The right to judicial remedy which
Mr.. Webster assured the Spanish sub
jects is likewise assured the italian sub
iects. The right is specially guarHn teed
iii the second chapter of the third arti-
Gle of the Constitution. And, as MIR
Webster points out, the resident alien
has a privilege which is denied the citi
zen. The widows and children OF the
citizens who loat their lives by mob yio-
lence may sue the the leaders and mem.
bers OF the mob only in the courts of
uilS Jtttbt VI 1VOulSitIlt1 WlIiie tHt WI
ows 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 Lon
isiana
Provision is made in the revised civil
code OF Louisiana for redress of such
grievances as the widows and children
Of the victims may plead quote:
Article 1914. Every act whatever of
man that causes damage to another
obliges him by whose fault it happened
to repair it; the right of this action
shall survive, i'll case Of death. in favor
of the minor children and widow of the
deceased, or either of them, and in de-
fault of these in favor OF the surviving
father or mother, or either of them, for
the space of one year from the DEATH
Article 2a16 Every person is respon-
sihle for the damage he occasions, not
merely by his act, but by his negligence,
his imprudence or his want of skill =
ssArticle 1924. He who causes another
person to do an unlawful act. or assists
or encourages in the commission of it, is
IN solSdo with that person
for the damage caused by sneh act.
The Government OF the United States
would feel justified in resting on the ar
gument aud conclusion of Mr.. Webster
if the mob of March IA, 1891, did not, in
some of its characteristics, differ from
the mob of 1851 But it is due to entire
candor, due to this Government, and
due to the Government of Italy, to point
out certain differences of which the Gov
eminent of the United States is honora
bly, bound to take notice.
In the case of the moa OF 1891 Mr. Web
ster asaerts shat mo personal injury was
offered to any one" that 1.-THE police and
other legal authorities did all that was
possible to preserve the 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 inju
ry or insult ? that ''the mob was COM
posed of Irresponsible persons, the names
of none of whom are known TO the Gov
eminent 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 la
inevitable occurrence at New Orleans the
President directed the Attorney General
to cause through his Department full
inquiry to be made i'll o all facts connect
ed Herewith, and solicited his opinion
whether any criminal proceedings would
lie under the Feder.l laws in the Feeders
al courts against persons charged with
the killing of italian subject. He has
not yet received the official report II it
be found that the prosecution can be
maintained under the statutes Of the
United States, the case Will be presented
to the next grand jury. u y ,fsiiuy to the
usual methods OF criminal ;tdininstra-
ton But if it shall be falad as seems
probable, the criminal proceedings can
only be taken in the courts of Eouisi-
ana, 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 rs the 10Th OF March
IT it shall result that the case cau be
prosecuted only in the State eonrts OF
Louisiana, and the usual judicial inves-
legation and procedure under the crimi>
nal law is not reSorted to, it will then be
the duty of the United States to consit-
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 indictments, the United States
cannot assume that such will be the case
The United States did not by the trea-
ty with Italy become the insurer Of the
lives or property Of Italian subjects res
ident within our territory. No govern
ment is able. however high its civiliza-
ton, however vigilant its police super
vision, however severe it's criminal code
and however prompt and inleyible it's
criminal administration, to secure it's
own citizens against violence promoted
by individual malice or by sudden pop>
ular tu1nult. The foreign resident must
be content in such cases to share the re-
dress that is offered by the law to the cit
izen, and has no just cause of complaint
or right to ask the interposition of his
country if the courts are equally open
to him for the redress of his Injuries
The treaty in the first, second, third
and notably in the twenty>third article
clearly limits the right guaranteed to
the citiaena of the contracting powers in
the territory OF each to equal treatment
and to free access to the courts of jusice.
Foreign residents are not made IA favored
class 1t Is not believed that Italy would
desire q more stringent construction OF
her duty under the treaty. Where the
injury inflicted upon Il foreign resident
is not the act of the Government, or of
it's officers, but of an individual or OF 2.
mob, it is believed that no claim for in
demnity can justly be made unless it
shall be made to appear that the public
authorities charged with the peace OF
the community have connived at the un
lawful act, or, having timely notice Of
the threatened danger, have been guilty
of such gross negligence i'll taking the
necessary precautions as to amount to
connivance.
If, therefore, it should appear that
among those killed by the mob at New
Orleans there were some Italian nbJects
who were resident or domiciled in that
city, agreeably to our treaty with Italy,
and not in violation to our immigration
laws, and who were abiding in the peace.
of the United States, and obeying the
laws thereof, and of the State of Louis
lana, and that the public officers charged
with the duty of protecting life and
property in the city connivel at the
work of the mob, or upon proper notice
or information of the threatenedsdanger
failed to take any steps for the preserve,
ton OF the public peace, and afterwsrd
to bring the guilty to trial, the President
would, under the circumstances, feel that
a case was established that could be sub
mitted to the consideration of Congress
with q view to the relief of the families
al the Italian subjects who had lost theii
lives by lawless violence.
Accept, sir, the renewed assurances 81
my high consideration.
JAMES Il. BLAINE.