The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-04-16

senae entertained by the government oi the
United States Of the gross injustice done to
ms predecessor by a lawless mob, as we'll
as the indignity and Insult offered by il to
q foreign state with which the United
states are. and ever wish to remain, on
terms OF most respectful and pacific inter
| COuIBeo
But when pressed by the Spanish minis
yer TO aford indemnity to Spanish subjects
| injured by mob in common with Ameri-
can citizens, Webster declined to accede to
the demands, and gave his reasons az fol-
lows: Ihls government supposes that the
rights OF the Spanish consul, a pnblic officer
residing here under the protection of the
United States, are quite different from
those OF Spanish subjects, who have come
lnto the country to mingle with our citi-
zens and here to pursue their private bust
ness and objects. The former may claim
special indemnity, the latter are entitled to
snch protection as is afforded to our own
individuals, private Spanish subjects arc
greatly TO be regretted, yet it is under
stood that many American citizens have
sn1ered equal losses from tho same cause,
ana those private individuals, subjects OF
her Catholic majesty, coming voluntarily
tainly no cause of complaint II they are
protected by the same laws and the same
administration OF law AS native born citi-
zena of this country. They have, in fact.
some advantages over the citizens Of the
state in which they happen to be, inasmuch
as they are enabled, until they become citi-
zens themselves to prosecute for any in
]uries done to their persons or property in
the courts Of the United States or state
courts, at their election" It is proper.
however, to add that two years later con-
gress, in recognition of certain mapnani.
nous conduct on the part of the queen
OF Spain in pardons bestowed upon
Americans who had unjustifably invaded
the Island OF Cuba, enacted joint reso-
luton indemnifying the Spanish consul
and other Spanish subjects for losses sus.
tanned. 1t was held, however, not to con-
travene the original position of Webster,
shared also by President Fillmore. The
right to judicial remedy, which Webster a.
sured to Spanish subjects, ls likewise az
snred to Italian subjects. The right is spe-
clally guaranteed in the second section of
the third article of the constitution. and.
as Webster points ont, resident alien has
privilege which is denied to the citizen.
The widows and children of residents who
lost their lives by mob violence may sue tho
leaders and members of a mob only in the
courts Of the state of Louisiana, while the
widows and children of Italian 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
Louislann. Provision is made in the re-
vlsed civil code OF Louisiana for redress of
such grievances as the widows and children
OF victims of a mob may plead.
AS promptly as possible after the lament
able occurrence at New Orleans the prcsi-
dent directed the attorney-eeneral to
cause through his department full inquiry
to be made into all the facts connected
thereWlth, and solicited his opinion whether
any criminal proceedings would lie under
the federal laws in the federal courts
against the persons charged with the kill
ing of Italian subjects. He has not yet re-
celved the official report. If 1t be found
ti that prosecution 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
ii 1T shall 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 March Is. If it shall
result that the case can te prosecuted only
IN the courts of Louisiana and the usual
judicial investigation and procedure under
the criminal law ls not resorted to. it will
then be the duty of the United States to
consider whether some other form of red esq
may be asked. 1t is understood that the
the state grand jury is now investigating
Jury may fail to present indictments the
United States cannot assume that such will
be the cGse. The United States did not by
treaty with Italy become insurer of the
lives or property of Italian subjects resi-
dent within our territory. No government
ever yigilant its police supervision, however
severe its criminal code and however
prompt and lnt1exible its criminal admins
tration, to secure its own citizens against
violence promoted by individual malice or
bv sudden popular tumult. A foreign res
share the same redress that is offered by
law to the citizen, and has no just cause OF
complaint or right to ask the interpOstion
OF his country If the courts are equally
open to him for redress of his injuries.
The treaty in the first second, third and
limits the rights guaranteed to citizens Of
the contracting powers i'll the territory
OF each to equal treatment and to free ac-
cess to courts of justice. Foreign residents
are not made favored class. It is not be-
lieved that Italy would desire more strin-
where the injury inflicted upon foreign
resident ls not the act of the governments
or of its officers. but of an individual or of
a mob. 1t Is now believed that no claim
for Indemnity can justly be made, unless it
shall be made TO appear that the public
WlAA tu6 peace OF tho
have connived at the unlawful
act or, having timely notice of threatened
violence, have been guilty of such gross
negligence in taking necessary precautions
rs to amount to conniyance. If, therefore,
i shonld appear that among those killed by
The mob at New Orleans there were some
Italian subjects, who were resident or dom
lciled in that city. agreeably
10 our treaty with Italy and not in violation
u our Immigration laws, and who were
abiding in the peace of the United States
md oheying the laws thereof, and of the
state of Louisiana, and that public officers
charged with the duty of protecting life
md property In that city connived at the
work of the mob. or, upon proper notice or
Information of threatened danger. failed to
axe any step for the preservation of the
'ublio peace, and afterwards to bring the
'uilty to trial, the president would, un-
lcr such circumstarc ces, feel that case was
Established that should be submitted to the
consideration of congress with a view to
he relief Of the families of the Italian SUBJ
cots who had lost their lives by lawless
lo!ence. Accept, sir, renewed assurance
+ my high consideration.
taigned.l JAMES q. BLAINE.
Comment on the Correspondence.
LONDON, April 15--The Times, comment
ig on the American-Italian correspond
noe. says: 1.-The American union was
early rent asunder "A generation ago on
40 question of state rights. Now, when
III sectional feuds are almost forgotten.
would be the extremity of folly to revive
10 conflict. Italy appears to have acted