Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-12-09

TrrE Wv ORLEANS CASE
The IynchinE a: New Orleans in March last of
eleven men ~ Italian nativity by mob o. Mi
gems wxs . most deplOratle and discreditable
Incident 1t did rot however, have it origin
IN any general luminosity to the Italian people,
nor III any dIsre=pect to the Governments OF
Italy. with which our relations were OF the
.'-t ',iDIr'!y character. The Jury OF the MOP
VIA directed against these men as the suPPoseo
participants OF Heee-Eor:es IL the murder OF
C-;y C....t~. eco no; sllute TO this a. ihitl6at-
ing ~ any degree this Ofiense against Jaw Aho
Humanity. but only as affecting 'he lnterha-
u5Eal questions taat grew out oil H. ~ was AT
once rcI,rc-enteI bv the Italian minister that
several II those whose livcs had been taken by
TIE mob were I;alIaa subjects. and demand
vNs made iOr the punishment OF the partlci-
PANTS and for an indemnity to the families OF
tlosa who 7,.re killed Il il TO be regretted
.!at the manner IN which these claims were
presented Was not such as 20 promote a calm
discussion Of the questions involved; but this
may vel be attributed 10 the excitement ard
in .Iie.at non which the crime naturally evoked.
The views OF this Government rs to its obliga-
t,ou- 10 foreigners dOIIcl.ed here were fully
stated in the cores OrdeUCc. we'll its
purpose to maze an investigation of ths affair
with = view 10 determine whether there were
present any circumstances that could. under
B1ch rules of duty had indicated. create
sn Obligation upon the United States The
tsla! 0rary absence OF Minister Pienipoten-
further correspondence. bat 1t is not doubted
that a friendly conclusion Is attainable-
some suggestions growing out OF this I'M
haaly inclcei.t are worthy the attention of
Congress. IL would, / believe. be entirely
competent for Congress to make otfenses
against the treaty rights Of foreigners domi-
cliv III tine United States cOSniZable IN the
Federal courts. This has not. however. been
done. ant the Federal officers and courts have
no power IL such cases 70 intervene eitEer for
a rsTO "a "A g-grg
punishment OF his slayers- 1t seems to me to
follow in his state O: the law. that the officers
OF the state charged with police and judicial
powers In such cases must. IN the consldera-
Non Of international questions growing out of
such incidents. be regarded in such cases as
Federal agents 70 make this Government
sHswerable for their acts in cases where 1t
wcnld be a1swerabie If the United States had
used its constitutional power to define and
punish crimes against treaty rights.
TIE ITATA CASE
The civil war in Chile. which began in jan
usry last was continued. bet fortunately with
inireguent snd not important armed collisions,
until Angus IS. when the Congressional forces
lanGed Eear Valparaiso and. after bloody en-
gagement. captured that city, President Bal
maceia AZ once recognized that his cause
was lost, and a provisional government
speedily established by the victorious
party. Our minister Was promptly directed 20
recognize and put himself In communication
with his Government so soon as 1t should have
established its tie facto character. which was
done. During the tendency OF this civil con-
test frequent indirect appeals were nlaae to this
Government 70 extend bellSerent rights to the
insurgents and TO give audience to their repre-
sentat-ves- This was declined. and that poiicy
pursued throughout, which this Gov
e-nmeat. when wrenched by civil war, SO
strenuously insisted upon on the part of Eu-
ropean nations. The Itata. an armed vessel COM
handed b. a naval officer of the insurgent
ncet. manned by Its sailors and with soldiers on
board was seized under process Of the United
States court st san Diego, California, for a vio-
htion OF our neutrality laws. While in the Gus
tody Of an officer of the court the vessel was
fOrcibly wrested from his control and put to
II would have been inconsistent with the
dignity and self-respect of this Government not
70 have insisted that the itata should be re-
turned 70 san Diego TO abide the judgment of
the court. Tins so clear to the Junta of
the Congressional party. established at Iquique,
tkA- before the arrival OF the Itata at that port
the Secretary of Foreign Relations of the Pro-
visional Government addressed to Rear-Admi-
raj Brosn. commanding the United States ma
val forces. q communication, from which the
following l. an extract;
The Provisional Government has learned by
the CaDiegrSms of the Associated Press that the
transport lta.ta detained i'll san Diego by order
Of the United States for taking on board NUM-
lions OF war and IN possession of the marshal,
ift the port. carrying board this official.
Shs--was landed at point near tire coast, and
tleH continued her voyage. If this
news be correct, this Government would de-
plOre the couGuct OF the Itata. and. as an evil
dence that it is not disposed to support or
agree 20 the infractiOn of the laws of the
United States. the undersigned takes advantage
OF the personal relations You have been good
enough TO maintain with him since your arrival
III this port 10 declare TO you that soon as
she Is within reach of orr orders his Govern
ment viii put the Itata. with the arms and mu-
LIt1ons she took on board IN San Diego, at the
DISPOSITION OF the United States"
\ trial in the district court of the United
States Tor the southern district of California
has recently resulted in decision holding.
among other things. thar. insismuch as the Con-
gressIOu@i party had not been recognized as a
belly rent. the acts Gone III ITS interest could
not he violation of our neutrality laws. From
this Judgment tie United States has appealed.
hot that the condemnation of the vessel is a
matter of importance. but that NAV know
what the present state of our law Is; for if this
construction OF the statute 10 correct. there is
obvious necessity for vision and amendment.
During the progress OF the war in Chile this
government tenderc,, its good offices to bring
ahO1t a peaceful adjustment. ana it was at one
ti;ne hoped that good result migh t be reached;
but Ia tlis We were disappointed.
The Instructions 10 our naval officers and to
our minister 60 santiago. from the first to the
L,st oi this struggle. enjO!Eed upon them the
most impartial treatment and absolute nom
AtGG4t4CLtS- am rs-tSISU tQat these lnstruC-
lions Sere observed and that our representa-
tives were always waichful 70 use their infiu-
euce iIzipartisslly IN the interest of humanity
aaG. Cu mar6 than one occasion, did so
effectively. We could not forget however
that this Government was in diplomatic rela-
lions w.tA the then established Goyernine Mt OF
Chic. j: IS now ia such relations with tie
successor OF that Government. lam quite sure
that President NJatt. who has. under circuu-
stances OF promise Tor the peace OF Chile been
Installed IS President Cf that hop1biic will not
desire tLat. IL the unfortunate event Of any re-
volt against his authority, the policy OF this
Government should be other than that which
we lave recently Observed. No official com
IlaiEt o: tine conduct OF our minister or of our
naval officers during he struggle has been pre-
scented 20 tL!5 Government, and il is a matter
OF regret tls.so many O; our own people should
have given ear 20 un0.bci.II charges and COM
plai1:s TIA. IIauIitstiy had their origin in rival
Interests auG IN a wish - peryert the relations
OF the GaltCC States with Chile.
The collapse of the government of Balmaceda
brcuShJ about Co..dlti0n which is uniortu-
Hately TOO familiar IN the history OF the Central
al4- south American States With the over
throw % the EalInacCua government he and
El2as o. his councillors aud officers became at
once fugItyes for their lives and appealed to
Tie commanding officers % the foreign naval
vessels n Tie ha=bor Of Valparaiso and TO the
fesldeEt foreign ministers at Santiago for
asylum This asylum Was freely given. accord
Ing to IAtsr.l4 nv the ma vzl vessels of