Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-04-05
THE JUDICIAL POWER
THAT is LODGED In THE UNITED STATES
SUPREME COURT.

1t Has Original Jurisdiction Over Cases Like
This Italian One, Says William Henry
HurIbert-Harrison and Blaine's Action
Tartly Criticised by Him.
rBY CABLE TO THE DIsPATcH.1
LONDON, April 4-In an interview to-
day, Mr.. Hurlbert, who has just returned
from the Continent, where he was at the be-
ginning of the diplomatic outbreak between
Italy and the United States, SAYS there is
much less excitement in Italy over the
lynching at New Orleans than there appears
to be among the Italians in the U nited
States Continuing, Mr.. Hurlbert said:
NJ wife and her sister are now in Rome.
which is quite as full as usual with American
travellers. where all manner OF social festlyi-
ties such as come with Easter, are going on,
with no interruption of harmony between the
American residents and their Italian friendc.
The men lynched in New Orleans appear to
have been chic fly Siciians, and as the general
impression prevails in other parts OF Italy
that murder societies exert great political
and social influence in Sicily. the intelligent
Italians of Northern and Central Italy are
obviously inclined to believe that the New
Orleans victims probably GOT no more than
they deserved. No responsible Italians for
moment imagine that the United States or the
State of Louisiana have intended any disre-
affair their general sentiment is. l should say,
that whatever Italians were lynched in New
Orleans were lynched not because they were
Italians, but because they were murderers.
Politically, in Italy there is little doubt the
matter might have injured the newly estab-
lished Cabinet of Marquis Eudnl had not an
opportunity been afforded him at Washington
to wave the Italian dag vigorously in the eyes
of the nation. Signor Crispi is a Sicilian. and
SIcilians in Parliament and out of it would
certainly have made political capital out of the
affair had the chance been given them. have
no knowledge OF any alteration between the
Italian Under Secretary of State and Minister
Porter at Rome except the newspaper report,
and no reason to suppose Mr.. Porter would
have converted the conversation on the sub
ject into 4 lecture on the American Constitu-
tion. Doubtless it was unfortunate that the
Italian Foreign Secretary was absent from
Rome when Mr.. Porter called at the depart
ment but the correspondence between Baron
Fava and Mr.. Blaine as sent to Europe by
cable seems to indicate that the matter was
taken up by the washington Government
and IN a temper which is perhaps TO be re-
GREETED.
No allusion appears to have been made to the
very distinct provision made in the Constitution
for dealing with cases arising between foreign
Governments OF their subjects and the Govern.
ments or citizens of the several sovereign
States, yet this would seem to be precisely
such a case. In the third article of the
Constitution of the United States it is
expressly provided that the judicial power,
meaning the power of the Supreme Court,
shall extend to all cases in law and equity
arising under the Constitution, the laws OF the
United States and treaties made, which
shall be made under their authority between a
State or the citizens thereof and foreign States,
citizens subjects, and it is further provided
that in all cases in which State shall be a
party the Supreme Court shall have original
jurisdiction.
Possibly President Harrison and Mr.. Blaine
have unpleasant association with the Supreme
Court arising out of the Bering Sea difficulty
but IN this Italian business 1t might have pre-
vented much unhandsome comment upon the
power of the United States to protect foreign
ers within its boundaries il the Department of
State had pointed out to the Italian Minister
the fact of this original jurisdistioD of the
Supreme Court over cases in which foreign
state or subjects of a foreign state may believe
injury and injustice to have been done by any
State of the Union or by its subjects.
1t is difficult to suppose the Federal Govern
ment can wish foreign powers to understand
that the safety and the rights of foreigners re-
siding in the United States under treaties can
only be assured by Federal invasion of the
rights of the States. If that were the case,
this italian question would rapidly become an
American question, and very serious one.