Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1891-04-25

travene the original position 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 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
a privilege which is denied 10 the citizen.
The 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 and children of the Ital an 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 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 2,3l4-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, in case of death,
in favor of the minor children and widow of
the deceased. 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.
Article 2,3l6-Every person is responsible
for the damage he occasions, not merely by his
act but by his negligence, his imprudenee, or
his want Of skill
IN do an nnofui ar or assist ~
in No o,,,a;o, ofit il ~ ;ao1sI
With +hat ,Ias,, Ca H. dn,,,'1.a n.,.aoI -
such act.
The Government of the United States would
feel justified in resting on the argument and
conclusion of Mr.. Webster if the mob of
tar;et;cs Il A. f-ora nc nn rs, i's
dna 20 ~, Id, H. - u, Du' :. 20
ond H. g. a. S,',,,,. '.l &c ~.
ont certo;n d;fferoas 81 Ihiab ~ ~
ment NJ The JJpited States " bp,,orahI,, Io',ld
to fake notice "0"-N
In tbe eaea az ,,,o ,,,k of tezt NJ. I,.,..u
asserts ~ ~ ,,nrI,'l =, III cp1'e -
anv ona.D tbat t.tbe nny;n 49, 70" a,bn. Iaa,a al
e,,9bor;t;es JiJ oil ~ No., ']S;Iin
servo thc noaco All go ria W r..
CHE mab acted in Tho beat ~ hioa III ,,o - in
nnrs,onra Of o,. NEUTRALITY-SUSPICIOUS. L., ,u - 49,, :,
nos. of iniurv or insnIt.T that stbn ,,oh Uao
COMPOSED ~ irres,,ors;LIo ,,a.a,, ~ - ,,
of npna of whom pyn no,Tn 10 r. . Gd,arr
ment of the iTn;ted states nor co far os tbo
Ioyern,nan+ IL ;nf,r,,,aJ ~ T.. q; - Is W ~
ogante in Nor orlaa,,s y ~ as '''0''' Va
A. pro.nnI,, az ,,saih1, Co. A., lo,,..t1o
occurrensn az M, 11ricons H. prol;da,st a;
ro.ted tb att,o, Co'i " =. . Ii,
his d~nortment An ini;rv - he r,ado 49,
ali t,rfs connected tbersw;tb ami soIic;ted hiS
opinion whether any criminal nroeeedings
world lic under ne EederaI lar - ~
Eeder, courts again. narsors nh"n,.o "a ,.L
tbe kilIino Of Italian snhiectS He hos nnt
vel received the Official renort Ifit he fund
thar a nroeacntion con he ,,o;ntainaJ 49,
the stntiltes Of The limited States The ,.ase viii
be presented to the next Grand .Inry accord.
inc 10 thc nsncl ,netbods ~ ,r;T,fnai a ,,;,,i
tritinn Rut if il shall be tn,nd &c saa,ns
nrohabe tbat crimin"i nrocnodin1s ' CO.. IL
be taken in the courts of Louisiana the
President can in This firection do no ,,,orc tbo
urge unon tho Store Il;caro 10 d,,+, - nf
promptly bringing The offenders to trial. This
was done in lis Telegram m tho Gnyarnor of
Louisiana as early ms the 18th of March
If it shall result that tho case con ha ,-osa-
cnted only in the Stato courts Of oTis;ono
and the ustIaI judicial inveqtitat;on o,,d ~
cetlure under the criminal law is MOI rasorrtad
to, it will then be the duty of the limited states
TO consider whether soma other form 81 radrass
nav be asked II Is understood that tba Stess
Grand Jury is now inycstigatino the affair
and while It is nassihle Thai Tho iIry mo-, fa;i
10 present indictments the Iin;tsJ Sta4e: az
not assume that such will he the case 0'''-'
The United States did NOT Inv tba treat, ,,,;.,
Italy become the insurer Of the lives or nron,
erty of Italian subjects resident within o,,r
territory. No Government is ahle bowevar
high its civilization however viaiIant 10
police supervision, however severe its cr;n,inoi
code, and however prompt and infiexibla tic
citizens against violence promoted bv in
dividual malice or bv Sudden popnIar trmnit
The foreign resident must be content in such
eases to share the same redress that ia offnrad
by the law to the citizen. and has no inst canss
Of complaint or right TO ask the internosition
of his country if the courts are equally omen To
him for the redress of his INJURIES
The treaty in the first second third and
notably in the twenty-thjrd articles cIearjv
limits the rights guaranteed tn tho citizans -
to equal treatment and to free access 10 The
courts of Justice Foreign residents are not
made favored class. II is moi believed that
Italy would desire a more stringent construc'