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English 6.

Debate for April 9, 1891.Question: Resolved that the killing of the Italians in New Orleans was Justifiable.

Brief for the AffirmativeH. A. DAVIS and ALFRED SUTRO.

Best general references: N. Y. World March 15; London Times, March 18; Royce, California, 417-422, 437-465; Hittell, San Francisco, 172-178, 245-262; To-Day, April 2, 1891.

I. In extreme cases it is necessary to secure justice by extraordinary means. E. g. Vehmgericht; American Revolution; California Vigilance Committees of 1851 and 1856: Royce pp. 417-422.

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II. The Italians deserved swift justice.- [a] Crime; assassination of Hennessy: N. Y. World, Mar. 15.- [b] Organization of the Mafia: N. Y. Times, March 17.

III. The normal action of the courts failed. [a] Acquittal of the murderers by the jury: Boston Post, March 14.

IV. The movement was as moderate as was consistent with its object.- [a] The proceedings were deliberate: N. Y. World March 15,- [b] Quiet behavior of the citizens: ibid

V. There is no foundation for any international Complication: To-Day, April 2.

Brief for the negative.J. A. STETSON and W. P. JONES.

Best general references: Nation. March 19, 1891; Public Opinion. Mar. 21; Boston Post, Mar. 17, (editorial); Boston advertiser Mar. 17, (editorial).

I. Lynch law is justifiable only in a rude and uncivilized state of society.- [a] Presupposes corrupt or weak courts; e g Vehmgericht: Kohlrausch, History of Germany, 278-285.- [b] Is an evidence of a tendency to anarchy.- [c] Leads the community to neglect its regular system of laws and justice.- [d] The evil in the Louisiana courts must be attacked from within; the mob has not settled the matter permanently: Nation, March 19.

II. Mobs are dangerous instruments of justice.- [a] They destroy public and private property: Public Opinion, March 21; Am. Quar. Rev. vol. 17, pp. 209-231. (1835).- [b] They often kill officers of the law and other innocent citizens.- [c] They do not discriminate between guilty and innocent persons. Some of the Italians murdered were innocent, some had not even been tried in the courts: Public Opinion, Mar. 21.- [d] They often exact punishment far beyond the measure of the crime or the guilt.

III. The action of the mob produced most deplorable results.- [a] It has stirred up the Italians all over the United States: Boston Jour nal, Mar. 17; Globe, Mar. 16 and 17; Record, Mar. 21; Public Opinion, Mar. 21.- [b] It has driven the better Italian element from New Orleans: Boston Globe, Mar. 17.- [c] The remaining Italians are ready to take revenge.- [d] It has disgraced the city. State, and Nation: Public

Opinion. Mar. 21; Boston Globe, Mar. 16; Nation. Mar. 19. p. 232.- [e] It has strained our relations with Italy and may lead to serious complications: Blaine's telegram to Governor Nichols. in Boston Globe, March 16; Journal, Mar. 16.

IV. The attack on the Italians illustrates the Southern freatment of the negroes, and was bad polley on the part of the South.

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