The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1891-04-25


ton Of Mr.. Webster, shared also by President
Fillmore.
The right TO judicial remedy which Mr. Web
ster assured TO the Spanish subjects Is likewise
| assured to the italian subjeots Tho right h
specially guaranteed in the second section OF tpS
| third article Of the constitution. AND, as mS.
Webster points out the resident alien has q
| privilege which is denied TO the oitiEen. Tho
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 Louisiana, while the widows ana
children of italian subjects who suffered death
| have the right to sue each member OF the mop,
not only in the state courts, but also before the
| federal tribunes for the district OF Louisiana.
Provision is made IN the revised civil code OF
| Louisiana for redress OF such grievances as tho
| widows and children Of the victims OF the mob
may plead. quote;
"Article 23l4 Every act whatever OF man
| that causes damage to another, obliges him, oy
whose fault It happened, TO repair 1t; the right
of this action shall survive in case OF death, In
| favor OF tho minor children and widow OF the
| deceased, or either of them, and in default OF
these, In favor OF the surviving father and
mother, or either of them, for the space OF one
| year from the DEATH"
ARTICLE 2,316 Every person is responsible
| for the damage he occasions, not merely by his
act, but his negligence. his imprudence, or his
want of skill"
ARTICLE 1894. He who causes another per-
son to do an unlawful act, or assists or encour-
| ages In the commission OF IL, is answerable in
solidio with that person for the damage caused
| by such act"
The government OF the United States would
| feel justified in resting on the argument and
conclusion of Mr.. Webster, II the mob OF March
| IA, 1891, did not in some OF its characteristics
differ from the mob OF 1851. But it is due to en-
| tire oandor, due to this government, and due to
| tho Of ITALY n0int ont certain
| differences Of which the government OF the
United States is honorably bound 70 take no.
| tice.
In the case OF the mob OF 1851 Mr.. Webster as
| serts that mo personal injury was offered TO
any one; that the police and other legal author
| tiles did all that was possible to preserve tho
peace and arrest the rioters; that tho mob act-
| ed in the heat Of blood, and not In pursuance OF
| any predetermined plan or purpose OF injury
| or insult; that the mob was composed OF irro'
| sponsible persons, the names of none OF whom
are known to the government Of the United
States, nor so far as the government is inform
| ed, to its officers or agents in New Orleans"
| AS promptly as possible after the lamentaole
occurrence at New Orleans the president di.
| rected the attorney general TO cause through
| his department. full inquiry to be made into
| all 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 the italian subjects.
He has not yet received the official report. II
| IL be found that q prosecution can be maintain
ed under the statutes Of the United States, the
case will be presented to the next grand Jury,
according to the usual methods OF criminal ad-
ministration. But II 1t should 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 governor OF
Louisiana as early as the 18th Of March II 1t
shall result that the case can be prosecuted
only in the state courts of Louisiana and the
usual judicial investigation and procedure un.
der the criminal law is not resorted to- 1t will
then be the duty of the United States to con-
slider whether some other form OF redress may
be asked
1t is understood that the state grand jury is
now inves igating the affair, and while it is pos
sble that the jury may fail to present indict-
ments the United States can not assume that
such will be the case.
The United States did not by the treaty with
Italy become the insurer of the lives or prop
erty OF Il allan subjects resident within our ter
ritory. No government is able however high
its civilization, however vigilant its police
supervision, however severe its criminal code
and however prompt and infiexibe its criminal
administration, to secure its own citizens
against violence promoted by individual malice
or by sudden popular tumut. The foreign
resident must be content in such cases to share
the same redress that is offered by the law to
the citizen; and has no just cause of complaint
or right to ask the interpositon OF his country
1.-THE courts are equally open to him for the re-
dress OF his injuries.
| The treaty, in the First Second Third and
notably in the Twenty-thrd Articles clearly
| limits the rights guaranteed to the citizens OF
the contracting powers in the territory OF each
| to equal treatment and to free access to the
| courts OF justice. Foreign residents are not
made q favored class 1t is not believed that
| Italy would desire n more stringent construc-
tion of her duty under the treaty. Where the
injury inflicted upon foreign resident is not
| the act Of the government or of its officers, but
OF an individual or of mob, it is believed that no
claim for indemnity can justly be made, unless
| 1T sllt | be made to appear that the public au-
| thorities charged with the peace OF the commu-
nifty have connived at the unlawful act, or, hay
ing timely notice of the threatened danger,
have been guilty of such gross negligence in
taking the necessary precautions as to amount
| to connivance.
| If, therefore, it should appear that among
| those killed by the mob at New Orreans there
were some italian subjects who were resident
or domiccd in that city agreeably to our treaty
| with Italy, and not In violation OF our immigra-
| ton laws, and who were abiding in the peace of
the United States and obeying tho laws thereof
and of the state of Louisiana, and that the pub
lie officers charged with the duty of protecting
life and property in that city connived At the
work OF the mob, or upon proper notice or infor-
| nation OF the threatened danger, failed to take
any steps for the preservation OF the public
peace, and afterwards to bring the guilty to
trial, the president would under such circum-
stances, feel that case was established that
should be submitted to the consideration Of
congress with view TO the relief OF the 'ani
lies OF the italian subjects who had los. their
| lives by lawless violence
Accept sir, the renewed assurance OF my high