The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1891-04-24

~ ""n 'tA<rh~ Nhfcs therefore, the
losses 81 individuals. private spanish sub
4 isets. are greatly 70 lac regretted.
| M understood that many American citi-
xsn~ suffered equal losses FROM the Same
enn-T' and tho prlsa indiv lduai-. subjects
~ hfr catholic m1lcsty. coming voluntarily
20 reside IN "a. United states. have certainly
no cause ~ complaint II they are protected
| BY the same laws and the same adsninistra-
ton ~ law native horn citizens 81 this
/ country. They have. In fact. some advan-
1 tages over citizen ~ the state in which they
| happen % De-. lnt-inuch a- they are en-
Ablsd. until they become citizens them
selves, 20 prosecute for an injury done 10
their persons Or properly n the courts oftha
United states or the state courts. az their
election"
II u proper. however, to add that two
/ years after Mr.. Webster wrote the foregoing
note, congress. IN recognition 81 certain
magnaniinnu- conduct on the part Of the
queen ~ spain in pardon- bestowed ON
Americans no had unjustiy invaded the
island 81 Cuba. enacted joint resolution.
approved by President FILLMORE March 5.
i-l3. the last day ~ his term. indcmnfying
the spanish consul and other spanish sub
lcets for the losses sustained in the New Or
leans mob ~ ISL The con -idcraton> upon
which this resolution was passed were held
not 10 contradict the original position Of Mr.
Webster. shared also BY President Fillmore
The right "a Judicial remedy which Mr.
Webster assured 10 the spanish subjects 10
lkew Sc assured TO the Italian subjects The
right j. especially guaranteed In the second
section ofthe third article Of the con -titution.
And. a. Mr. Webster points out, the resident
alien has privilege which ~ denied 20 the
citizen. The widows and children 81 tho
citizens who lost their lives by mob violence
may sue the leaders and members 81 the
mob only In the courts OF the state 81 LOUIS
iana while the widows and children ~ the
I If41l txlt
right 10 sue each member Of the mob. NOT
only IA tile state courts but also before the
federal tribunals for the district ~ ioulsi-
ana.
Provision j. made In the Revised civil
Code 81 Louisiana for redress ~ such grIev-
anre~ a. the widows and children Of tho
victims 81 the mob may plead. IqnOte
article 2sig. Every act whatever 81 man
that causes damage 10 another, obiigfs him
by whose fault Il ha ppensl torepair lt.and tho
| right OF this action shall survive, In case 81
death III favor Of the minor children and
widow ~ the deceased, or either Of them.
ana IN default u these. in favor OF the father
or mother. or either ~ them, for the space
ofone year from the DEATH
ARTICLE 2sl6 Every person y responsible
for the damage he occasions, ret merely by
his act but ~ his negligence, his impru-
Gence. or his want OF skill"
Article 1874. He who causes another per-
son 10 DO an unlawful act. or assists or en- :
courages IN the commission ~ ~ j. an :
swcrable. ia ~niilo with that person. for the
damage caused by such act"
The gov, ram~nt u the United states
would feel justified in resting on the argu-
ment and conclusion of Mr. Webster II the
mob ~ March "a. 1891 did NOT. In some 81 its
Characteristics. differ from the mob of l-5i-
But Il j. due 10 entire candor. due 70 this
|. government. and Iue TO the government OF
italy. 20 point out certain differences OF
49, ..II
l. honorably bound 20 take notice In tho
case Of the mob Of 1851. Mr.. Webster asserts
that mo personal injury was offered 70 an y
Y | one - that -the police and other legal au-
J ! fhoritie- did al that was possible 70 pre-
: serve the peace and arrest the rioters !" that
= s.the mob acted tn the heat Of blood. aud no!
= In pursuance ~ any predetermined plan or
\ purpose Of injury insult !" that 1.-THE moi
. was composed Of irresponsible persons, tbs
z names Of none 81 whom are known 70 TIM
\ governments Of the United states. nor, 50 Tar
). A. the government - informed TO its officers
y or agents in New Orleans"
z A. promptly n possible after the lament
= able occurrence at New Orleans. the presI
: dent direct "a the attorney general 20 cause
through h T. department. a full inquiry to b.
y made into all the facts connected Herewith
Z, and solicited his opinion whether any Grim
T. inai proceedings would lie under the fedora
70 laws III the federal courts agsinst person
- charged with the killing Of italian subjects
= lie has not yet received the Official report
Nj n IL be found that prosecution can y
Ie maintained under the statutes Of the Unite
~ states the case viii be presented 20 the mex
H. grand Jury. according 70 the usual method
s ~ criminal administration. But II II sinai
q be found. a seems probable. that crImina
- proceedings can only be taken I'm the court
e. ~ Louisiana the president can in this Ill
rcctIon. do more than TO urge upon TN
T. state officers the duty 81 promptly bringin
n the offenders 10 trial. This was done IN hi
- Telegram to- the governor OF Louisiana a
a early A. the 18th Of March
D. n il shall result that the case can be pros
ccutrd only IN the state courts Of Louisiana
IN and the u<u al judicial investigation and pro
r. ecdure under the criminal law IL not r.
A. sorted to. IL viii then be the duty Of 81
- United states to consider whether som
r. other form Of redress may he asked. IL
n understood that the state grand jury IL mo-
Is investigating the affair. and while i Is poe
e sihlr that the jury may fail 20 present ~
IN dIctment- the United states can not assurn
>. that such III be the case.
The United states did not by the treat
AZ with Italy become the insurer Of the lives =
~ property of Italian subjects residing wlthi
a our territory. No government - able. how
~ ever high il civilization. however vigilar
- it, police supervision. however severe u
IN criminal code. and however prompt anu ~
IN flexible IT, criminal admin i~tration. % secur
- is own citizens against v ipitnct rromottN u
~ individual malice or by sudden popular a.
~ multi The foreign resident must b. contcn
NJ IN such eases 70 share thr same redress tha
y l. offered by the law 70 the citizens, and Ia
- no lust cause OF complaint. or right ~ ~
q the fnterposltion ~ his country, II 81
=. courts are equally open 10 him for the r.
~ dress OF his injuries The treaty In the tir-
- second. third. ana notably In the twent,
IL third. articles clearly limits the rights gua
IL anfecd g. the citizens OF the coniractin
~ rowcrs in the territory Of each 20 cqui
- treatment and 10 free access 70 IN
=. courts 81 Justice. Foreign residents a.
-. not made favored class. II
=. not believed that Italy would desire moi
~ stringent construction 81 her duty under n
~ treaty Where tine injury inflicted upon
~ foreign r. iscnt y not the act Of the goveri
az ment OF Of il officers. bus of an indlvldu'
M or of d mob. Il j. believed that no claim g
"a. Indemnity can justly be made unless i sha
az be- made to appear that the public author
III ties charged with the peace Of the comm'
Is. nitv have connved nj the unlawful act
~ having timely notice Of the threatened dal
or ger. have been guilty 81 such gross neEl
ueucr In taking the necessary prccn'
-, lions as 10 amount 20 connivancc.
~ III therefore. Il should appear that amor
". those killed by the mob az Sew orleans the
~ were some Italian subjects who were re-
NJ. dent or domiciIed In that city axreeably
- our treaty with Italy, and not IN violation