The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-04-06
equal PROTECTION.
The Lynohed Italians Had the
Same as Natives.
ALIENS' RIGHTS DISCUSSED
By a High Authority.r.The Power of
Treaties to Protect Foreigners.
A Practical View Of the Case.
Bsatne's Reply Expected.

Rudini to the public to-day, and IT la
given out that he Is preparing careful
answer and that both letters will be
published after that OF Mr.. Blaine is in
the hands Of the Italian Prime Minister.
It is hinted that Mr.. Blaine will take
occasion, on account Of certain passages
in the letter of Rudini, to go into a
mueh more elaborate discussion Of the
New Orleans case than before, aud
dwell also upon the power Of treaties in
general for the protection OF citizens Of
foreign countries residing in America.
This, 1t is asserted, is not on account
OF formal inquiry by any representative
OF foreign government, for no such in
ouiry has been made, but because Of the
Queries and criticisms Of the foreign
press, which may be accepted as ex.
pressing the oest intelligence foreigners
have upon this question, and there
seems also To be doubt in the minds Of
many native Americans whether treaties
can be made to protect foreigners in
such cases as the one in New Orleans,
on account OF the State having jnIisdic-
tion OF its own courts and the sole power
to administer its own laws.
THEY CAN BE PROTECTED.
The best authorities here, so far as
they have been induced TO diacuSs this
question, seem to be well agreed that
treaties are as powerful to protect for.
eigners under our system OF government
as they are to protect to Am rican citi-
zsns 10 foreign countries under their
sys!em OF government. All treaties
guarantee to subjects OF foreign countries
in America merely the same protection
they give 10 American citiz1ns
II is held by internstlonsl lawyers here
that the SLAIN Italians had exactly the
same protection American citizens would
have held under the same circumstances,
as indeed portion OF them were Amer.
lean citizens. An official OF the State
Department declared that he did not see
how any foreign representative cGuld
hold that the lynohed men were not
treated Just as they would have been
had they been Of our own flesh and
blood. There was not shadow oil. eYi.
dence to show that they had been as.
saulted because they were OF foreign
birth, or because any one Of them was
subject Of foreign power.
NOT PARALLEL CASES
snow, in the case Of the Chiness who
were massacred," said the official, "therO
was a direct violation OF the treaty.
They we're assaulted and maimed and
killed solely because they were Chinese,
and indemnity was therefore demanded
and promptly paid. No such question
enters into the New Orleans affair. Had
native Americans assassinated Chief
Hennessey to avenge HE arrest OF mem
bers OF secret and desperate organiEI.
ton to which they belonged, aud had
they been tried and acquitted on account
OF a bribed or inimidsted jury, they
would have been lynched the same as
the Italians.
SIN that case would the State Depart
ment, upon the demand Of any power or
individual, have demanded an investi.
cation aud asked the Governor OF the
State in which the lynching occurred
that everything possible should be done
to bring the lynchers TO justice2 Then,
in interfering in this case, does it not
look as though the Government was
more concerned for the welfare OF for.
eigners than for American citizens? /
see some surprise expressed in the news.
papers that while treaties have been
made, no law has ever been enacted
providing penalty for the violation OF
q treaty, and it is proposed to enact such
penal law and give the United States
the power in case like that at New
Orleans to step in and take the punish.
ment OF offenders out oil the hands Of
the local authorities.
WOULD DO NO GOOD.
"En the frat place, this would be Civ.
ing foreigners a great advantage over
American citizens, and in the second
place it would avail nothing, for at best
the question oil punishment would have
to be decided by the courts and largely
by public sentiment.
Suppose the New Orleans Maiia had
been shot to death by q Washington
mob in the court yard OF the jail OF the
District OF Columbia-a mob led by
prominent and, except when engaged at
lynching, eminently respectable and
law.abiding citizens. Suppose the 1tal.
ian Minister, without waiting to see
what should be done, should sail in
With rash and unintelhgent demands
for punishment Of the mob and ipdem:
nifty for the scouIdrels lynched. What
then would Mr.. Biaine have replied 2
Why, simply that the question OF in.
demnity would be duly considered, but
that the question Of punishment lay
with the courts OF the District. The
Marshal OF the District would be di.
reCted to arrest ths offenders. BE
would have to arrest oil Of thenl. He
could not make hsh OF one and fowl ot
another.
INTRIcActEs OF rHE-LAw. 80 81
1.-THE thousands Of lynchers would
have to be indicted by the grand jury, a
petit Jury would have to be found, com.
posed OF twelve intelligent men, with
no opinion on the subject Of the guilt or
innocence OF the men, and then, in It's
order, subject TO interminable postpone.
menta, the trial would be had and . con.
yiction accomplished-possibly.
NOW, that'is iust whstis being done
In the New otleans case. The legal
agents OF the Government are inveSh.
eating the matter, with a view to a set
tlement Of the question Of indemnity,
and the legal authorities OF New Orleans
are proceeding, as they cay, to bring the
lyncheIS to book. I6 ttnot Just as prob.
able that the State authorities will pun.
ish the lynchers as that Government au.
thoritiea in the District would punish
/! them II the affair had occurred here?
Then Whete dQes the question Of State
rights or The suggested conflict Of the
State with the national authorities,
about which We have heard 90 much,
come In or interfere With Justice or ahet
the violation Of treaties In any wayS
] CARRYING THE cAsE TO ROME.
Suppose eight Americans, the tough.
est Of the tough, members Of q secret,
osth.bound, murderous society, sworn
70 murder when 80 ordered, ayensing
any Blight, real or lancied, put upon any
!, member ot their society, the leaders
6riEauds Of tho highVay and sneaking