Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-16

equal lceses from the sans eaass. Thss,
private individuals. sak jecss Of her Cstholi,
Majesty. cGmins voluntarily 70 reside il
the United SaAtss, have certainly no cAus,
for CONF slains II they are protecsed b. ths
tame laws AID same adminissfation Of lsu
~ native barn cit gene Of this country
They have in fact some advantages ovel
eitzens Of the state in which thsy kappsr
TO be. inAsmuch - they are enabled. unit
they become citizens themselve. to prose
cuts for any injuries done their persons o.
property in the courts Of the United SiaIei
| or state courts At their election"
Il is proper 70 add that tuo year, afssl
Mr.. Webster wrote the foregoing note
Congress, in fecogniicn Of certain magnan.
imous cordoct on the part Of the Queen oi
Spain, in pardons bestowed upon Amefi-
cana who unjaasinab.y Invaded the Island
Of Cuhs, enacted joint resolution, sp
proved by President Fillmore, March 3
1853, indemnifyirg the Spanish consul and
other Spanish suhjecss for losses sustained
| in the Nsv Orleans mob OF 1851. Consider.
atoms upon which this reso usion passed were
held not to eontfavere the original position
of Mr.. Webster. shared also by Pfesiden,
Fillmore. The right to judicial remedy
which Mr.. Webster assured the Spanish sub
jecss is likewise assured the Italian subj jscts.
fhe right 10 specially guarantee in second
| section. third article Of the constitution.
= resident alien has privilege denied the
citizen. The widoss and children OF the
citizens Who lost their lives BY mob vio-
lence, may sue the iesders and members Of
the mob only in the courts Of the stste Of
LouisisnA; while the widows and children
Of italian subjects who suffered death, have
the right to sue each member Of the mob,
not only ia the state courts, but also before
the federal tribunals for the district Of
Louisiana. A provision 10 made in the re-
vised civil code Of Louisiana for
redress of such grievances % the widows
a1d children Of the Victims Of the mob may
plead. Iqiote:
"Articls 23i4. Every act whatever of
q man that causes damsge to another,
obliges him BY whose fault it happened, to
repair it, and The right Of this aclion shsll
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 We sp,cs Of one
year from DEATH"
ARTICLE 23l6. Every person 10 respon-
sible for damage he occasions, not merely
by his own act, but by bi, negligence, bis
impiudence, or his want Of skill."
Article 1924 He who causes another
person to do an unlawful act, or encourages
in commission Of it, 10 answerable in solido
with that person for damage caused by such
act."
The government Of the United States
would feel justified in resting on the argu-
ment and conclusion Of Mr.. Webster, il the
mob Of March IA. 1891, did not in some of
characteristics differ from the mob Of 1851.
II is dae to entire csndor, due to this gov.
eminent, due to the government Of lialy.
to point out certain diffArenees Of which
the government of the United States 10
honeraoly bound to take notice. In the
case Of the mob Of 1851, Mr.. Webster as.
serts that No personal injury WAS offered
any one;" "The poiice and other
legal authorities did all possible to
preserve the peace and arrest the rioters y
1.-The mob acted in heat of blood. not in
pursuance to any predetermined plan or
purpose. injury or insult" THE mob was
composed of irresponsible persons, the
names Of none whom were known to the
government Of the United States, nor SO
far as the government 10 informed, to its
officers or sgents in New Orleans" :"
Promptly as possible after the lamentable
occurrence at New Orleans, the president
directed the attorney general to cause
through his department, that . full
connected Herewith. and solicited
~ x,ns4 -,
ings would lie under federal laws in fed
erai courts against the persons charged
with killing Italian subjects He has not
yet received the ofiicisl report. II it be
found that prosecution can be maintained
under the statutes of the United States
the case will be presented to the next grand
jafy, according to the usual methods
OF criminal administration. But il
it be found, as seems probable,
that criminal proceedings Can only be taken
la the courts of Louisiana and the President
can in thus direction do no more than urge
upon state officers the duty Of promptly
bringing offenders to tfisl. This was done
in his telegram to the Governor Of
Louisiana, as early as the 18th of March.
II it shall result the case can be prosecuted
only in the state courts Of Louisiana, and
. ususl judicial investigation and procedure
under the criminal law not resorted to-it
will then b, the duty Of the United States
to consider whether come other form Of
redress may be asked.
il is understood that the state grand jury
is now inves igstirg the affair, and while
it is possible that the jury may fail to pre-.
sent indictments, the Uoited States cannot
assume that such will be the case. The
United S .ates did not by treaty with Italy
become an insurer of the lives or prsperty
of Italian subjects resident within our terri
tory.
No government is abe, however high its
civilization, however vigiiant Its police su-
pervision, however severe its criminal code,
however prompt and iGfexible its criminal
administration, TO secure its own citizens
against violence promoted by individual
malice or sudden popular tumult.
A foreign resident must be content in such
cases to same redress offered by law to a
citizen; hs has no just cause Of complaint,
or right to ask the intefposition of his
country, if the courts are equally open TO
him for the redYess Of bis injuries. The
treaty, in the first, second and third, and
notably il the 23d articles, clearly limits
the rights guaranteed citizens of the con.
tracing powers in the territory of each to
equsl treatment and free access to
courts If justice. Foreign residents
are not made . favored class, and 1t is no,
believed that Italy would desire more
| stringent construction Of her duty under
treaty. Where irjory is inflicted upon q
| foreign re.ident it is not an act Of the gov
efnment or It's officers. but Of an individual
or mob. 1t ie believed that no claim for
indemnity can justly be made unless it be
made to appear that the public authorities
| have connived at an unlawful act or, hsv.
| ing timely notice of the threatened danger,
have been guilty Of such gross negligence
| in taking the necessary precautions as tc
amount to connivance.
II, therefore, il should appear that among
those killed by the MOB At New Orlean.
there were some Italian subjects residen,
or domiciied in that city syreesbly to oul
| treaty ~ith Italy, not in violation Of oul
immigration laws, who were abiding ID
peace in the United States snd obeying the
laws thereof and Of the state Of Louisians
and that the public officers charged viii
the duty Of protecting life and property /,
| that city connived ct the work Of the mob
or upon proper notice or information Of
threatening danger, failed to tax,
any steps Tor the p'eservnion Of the public
| peace and afterwards to byiug the guilty 4
| tEisl. the President would under such cir
| eumsiauces, feel the case established sboulc
be submitted to the consideration Of Con
grsas with . view to the relief OF fauiiie