Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-16

Spaln IN paruOnS bestowed on Amer1cans VINO
had unjustifably invaded the island Of Cuba,
enacted joint resolution. approved by Pres
ident Fillmore March 8. 1858, the last day Of
his term, indemnifying the Spanish consul and
other Spanish subjects for the losses sustained
in the New Orleans mob of 1851. The consid-
erations upon which this resolution was passed
were held not to contravene the original posi-
ton of Mr.. Webster, shared also by President
Fillmore.
THE RIGHT TO JUDICIAL REMEDY.
The right to judicial remedy which Mr.. Web
ster assured to the Spanish subjects 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
privilege which is denied to the citizen. The
widows and children of the citizens who lost
their lives by mob violence may sue the leaders
ard members Of the mob only in the courts of
the state of Louisiana. while the widows 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 be-
fore the federal tribunals for the district of
Louisiana.
Provision is made in the revised civil code of
Louisiana for redress OF such grievances as the
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 by
whose fault it happened to repair it; the right
favor of the minor children and widow of the
deceased, 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 responsible
for the damage he occasions, not merely by
his act but by his negligence, his imprudenoe
or his want of skill
Article 1924. He who causes another person
to do an unlawful act or assists or encourages
Il
with that person for the damage caused by
such act" q.
The government Of the United States would
feel justified in resting ON the argument and
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 government of the
United States is honorably bound to take
notice.
In the case Of the mob of 1851 Mr.. Webster
asserts that mo personal injury was offered to
any one; that the police and other legal au-
thorities 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 pur-
suance Of any predetermined plan or purpose
of injury or INSULT that 1.-THE mob was COM
posed of irresponsible persons. the names of
none OF whom are known to the government
o. the United States, nor, SO far as the govern
ment is informed, to its officers or agents in
New Orleans"
WHAT THE GOVERNMENT HAS DONE.
As promptly as possible after the lamentable
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 Italian subjects. He has 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 il it
shall be found, as seems probable, that crimi-
nal proceedings can only he taken in the courts
Of Louisiana, the President can in this direc-
ton do no more than urge upon the state off,
GERS the duty Of promptly bringing the Offend
ers to trial. This was done in his telegram TO
the governor OF Louisiana early as the 18th
of March.
If it shall result that the case can be prose-
cuted only III the state courts of Louisiana and
the usual judicial investigation and procedure
under the criminal law is not resorted to it 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 investigating the affair, and while it is
possible that the jury may tail to present in
dlctments the United States cannot assume that
such will be the case.
THE TREATY CLAUSES EXPLAINED.
The United States did not by the treaty with
Italy become the insurer of the lives or the
property of Italian subjects resident within
our territory. No government is able, how
ever high Its civilization, however viglant its
police supervision, however severe its criminal
code, and however prompt and infexible its
criminal administration, to secure its own citi-
zens against violence prompted by individual
malice or by sudden popular tumult. The for
elgn 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 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 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 II favored class. 1t is not believed that
Italy would desire a more stringent construc-
ton of her duty under the treaty. Where in
jury inflicted upon a foreign resident is not the
act OF the government or of its officers, but of
an individual or OF a mob, it is believed that
no claim for indemnity can Justly be made I'M
less il shall be made to appear that the public
authorities charged with the peace of the COM
munity 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 connivance.
FACTS NECESSARY TO INDEMNITY.
If, therefore, it should appear that among
those killed by the mob at New Orleans
there were some italian subjects who were
resident domiciled i'll that city agreeabiy
to our treaty with Italy, and not in violation
OF our immigration laws. and who were abid-