Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1891-04-23

ctaim special Indemnity the latter
titled TO such prOteetion as - Afforded ~
our own citiz.as. while. therefore. shs
losses Of Individuals. private spanish sub
iects. are greatly % be regretted.
lt Is understood that many American citl-
xens suffered equal ids-es from the same
cause and the private Individuals. subjects
Of her catholic majesty. coming Voluntarily
TO reside IN the United states. have certainly
M cau~e OF complaint u thsv ar~ protected
BY the same laws and the same asimlnl.tra.
sior OF law native born citizen. Of this
country They have. In fact. some slvan-
tag~s over eitisens Of the state in which thev
happen to Be-. inasmuch az they ar- en-
aet-d- until they become citizens them
selves. TO prosecute for an injury done 10
their persons or properly IN the courts Of ths
Z nited states or the state courts. AZ their
eIevtion-"
IL - proper. however. to asti that two
years after Mr.. Webster wrote the foregoing
note. congress. in recognition OF certain
maxasnimou- conduct ON the part Of ths
queen % spain in PARTON. bestowed on
Amsricans who had uniustiy invaded the
island % Cuba. enacted a foint resolution,
approved by President Fillmore March 8.
i>ss. the last siay ot his term. intemnifying
the spanish consul ami other spanish sub
i-~ts for the losses sustained IN the New Or
leans mob Of ISL The considerations upon
which this resolution was passed. we're held
Webster. shared also by President fillmore.
The rixht - judicial remedy which Mr..
Webster assured tn the spanish subl-~t. .
likewise ss-urrst 10 the italian subjects Tn.
right Is especially guaranteed in the second
section OF the third article Of the consti tuition.
And. a. Mr. Webster points out. the resident
alien has privilege vhieh - denied 10 ths
citizen The widows snd children OF thu
citizens - ho iost their lives by mob violsnc.
may sue the iessi-r- snd members ot tho
mob only IN the court. % the state OF Louis
ana. vale the widows and children Of the
Iralisn subjects who suffered death have ths
right IN each member Of the mob. noe
only in the STATE courts but also before th-
federal tribunals for the district of LSu-i-
ana
Provision - made IN the Revised civil
Code ot Louisiana for redress oe such grew
snr-- A. the widows and ehitdr-n es the
victims % the mssb NAV plsad fSaos~
-xrtici~ -sfs- Ev-ry act saas~v~r of man
that eaa--- damage ~ saoel@r. ohIi<~s hiua
By whoa fsaitl happened rore7air 4. .Ansl tn.
right 0f this artsoa saaii survive. m ea-~ af
death. IN favor 0f sh@ miaar chiidren ansi
widow % the fer~a=ssI. or either Of them.
and IN default sf these. IN favor % the fashsr
or mother. or either a them. for the space
OF one year fron th- d~sth~
-Ar,cls Esis. Every person - r-sponsl bic
for the damage hs oeeasions. not merely hr
hts act. but by his negii xrucs. his impru-
denee. or hi- want of skin"
Article ES12 He who causes another par
sou 10 TO unlawful act. az assists or en-
eoura<-s in the commission of it. ts an
.wersbie. In solisio with that person, for IA.
damage caused By sIch acs"
The governments ot tn. United <tates
would feel Justified IA resting the ars-st-
meat and conclusion of Mr. Webster u ths
mob of March "a. IssaI disi not. IN some Of irs
characteristics. differ from the mob ot I~sI-
Hut it is da- ~ entire cansfor due To thi.
government. AMI Inc - the governments of
Itaiv. to point out certain differences of
which the governments Of the Cnife-l states
Is hanoraDly bound 10 take notice. In thu
case OF the mob OF 1851. Mr. Webster ss-~rrs
that no personal injury vas offered - any
one. - that ~she police and other legal aa-
th0ritles tid all that was possible IN pre-
serve rn~ peace and arrest the rioters that
'-rbe mob acted in the heat % Sioo.l and mos
IN pursuance of anv predetermined plan or
purpose of injury lnsuir - that s'tbe moo
was composed Of irresponsible persons th..
names Of none Of wifom are known to the
governments OF the Uuitess states nor 50 far
a. tho governments Is Informed. 10 is Officers
or as-nts in View Orleans"
A. promptly as possible after the lament
able occurrence at New Orleans. the pr-sf-
dent direct ed the attorney general IN causs
through h i department.. a fllI inquiry to be
made into al the faefs connected th@rrwfth
and solicited his opinion whether any erin.
inaI proceedings would lie under the federal
laws In the federal courts against persons
charged with the killing of rtaIian Subjects.
He has not vet received the official report
II it be found that prosecution can bs
maintained under the statutes OF the Z nits.t
states the case viii be presented tn the ne xr
grant Jury. according to the usual methods
OF criminal administration Bue IL ir shall
be found. a. seems probable. that erimina al
IFfr
OF Louisiana. the president can. in this al
rectiou. do no more than TO urge upon tho
state officers the duty Of promptly bringing
the Offenders TO trial This was lone in III.
telegram TO the governor Of louisiana a.
eartv A. the 18th Of March.
II Ir shall result that the case can be PROS
ecuted only IN the state courts Of Louisiana
and the usual Judicial investi CATION and pro-
eeiure under the criminal Law 8 not re-
sorted to. q VIII then be the duty OF the
United states to consider whether SOM.
other form Of redress NAV be asked II =
Understood that the state grand Jury - nov
Investigating the Affair." and vhfls Il - pos
sibie that the Jury may fail 60 present IN
dirtm.nt-. the Unised states can not assurl.
that such viii be the ease
The United states did not bv the treaty.
sixs Italy become the Insurer Of fhe lives or
property of Fralian subjects residing xirhga
cur t-rritory- M governments - able how
ever hirh IL civilization. hsSever vixiians
irs police supervision. hozev-r severe IN
criminal code. and however prompt ansI IN
fsxfbie Is criminal administration % secure
trsosn citixrn. against violence promose,i By
Individual malice or BY saslsten popular su-
muiE- The foreign resident must b. eonf~ne
n such cases to share the same r-sfrs=s thas
10 offered BY tAe law % the citizens and has
no l'ass cause OF complains. or rizak a. ask
the lntrrpositinu OF Ms country n the
courts are equally open "a hin for the re-
dr~s@ Of his Injuries The tr~A-y IN the drxr
ssro1d. tnirSf. and notably In the twenty
third ART -icie- clearly limit. the rights xrar-
xnss~sf % the eitixens Of the contracting
powers n tk~ territory Of each 10 equal
treatment and 10 free access 20 rhs
noe made a txv0r-G eIasx Ts 10
not believed that Ftaly would desire a nor-
stringent construction 0f her duty unsl@r IN.
treaty Where the injury in1Icr.f u2on a
foreixn resident = not the act of rh@ govern
msnE or of ir~ ofn-~r.. but e an individual
or Of n moo. q - b~Il@w~t snAr 10 claim tor
Indemnity esn Justly o- made unless q snail
be made % appear thax the public azrhors-
ties charged wtrn the p~zcs Of tas eousnsu-
risr hav- euuniv-d a. N. za1awfzs act cr.
having timely notice % Eas tar-z.eaesl Tan
ger. have been xzllry of sach xr1ss aeziI-
sence IN taxing the a~e-ss4rT ar-szz-
tons As 10 amount % eonnivzac~-
II. therefore. q snozid appear taaE a-snnx
those killed. 6y the moo &C xew Orssaas mere
yer. some IEAliAn sghi-rss wn1 we're re-a
dent or eouiciisc n that cry xxrs=nbIy 20
our treaty virh Itziy. and soe n vioiasion Of
our tnulxrarlon laws. s11 Who we're -htd-
ing in tho peace Of the Calssd s<4szs and
oosTtng t1e laws rhe--ot a1e cf
the STATE Of Louisiana. a-c rsaE
the public o@rers charged VITA II. crrr Of
protecting Life a1c property N shAr eiry
eonnivec af the work Of the mon. or upoa