The times. [volume] (Washington [D.C.]) 1897-1901, 1899-07-27
NO REPORT FROM FOSTER
Action Deferred in the Italian
Lyncling Cases.
The Stnte Department Awaiting the
Statement From The Governor of
Proposed independent InvestiSa-
tiOn-Duai System of Government.

It has been. ascertained that two of the
five Italians lynched last week in Louisiana
were American citizens. and three sub
jects of Italy Count Vinci, the Italian
charge here, held another conference yes
terday with Assistant Secretary Hill, at
the State Department, but as the report
OF Governor Foster hes not yet been re-
ceived, no definite action was taken.
The announcement that the Italian Gov
eminent has instructed its Representatives
in Washington to investigate Independently
the Tallulah lynchings. created good deal
of interest in diplomatic circles yesterday.
It IS said that this step is taken in order
to force upon the United States the opin-
ion OF foreign nations that the dual admin
isration OF laws under the Constitution OF
the United States is especially unsatisfac
tory to foreign citizens resident in this
country. An effort is now being made to
bring this question directly before Congress.
and, If practicable, to obtain such remedial
legislation as may be deemed wise under
the circumstances.
An eminent constitutional lawyer yester-
day expressed the opinion that such cases
as the Tallulah affair could, according TO
popular opinion, be brought under Federal
Jurisdiction only by radical changes in the
present State and national laws, and that
the probabilities for such q change, it Is
generally thought, would not now be favor
able on account of the jealousy with which
all States. and especially those in the
Southern or Southwestern sections of the
country, regard the rights guaranteed to
them under the Constitution.
This popular prejudice, however, should
rrnt us if we are convinced that
foreign citizens should receive redress for
their grievances in Federal courts he
continued.
In the Malta incident, Mr.. Blaine held
that under our dual system, no foreign
Government could hold the United States
liable for injuries inflicted by local dis
turbers upon foreign citizens resident il
! any State OF the Union. His decision a
| the time excited the amazement of man!
European diplomats unfamiliar with th'
| peculiar ramifcations of our laws.
The question has now come up again
II is, think. of grave Importance. / AL
inclined to think that the Constitution ma!
be SO Interpreted as to bling such cases d.
rectly under Federal jurisdiction. A iiber
al construction of the instrument would,
believe, make US. with little explicit leg
isIatiou adapted especially to the purpos
in view. to handle all such affairs as In,
Malta and Tailulah incidents, though III;
Federal courts.
The Constitution of the United State
limits the judicial power OF the nation II
section . of article g. 1t is there state:
that the Federal authority shall extend
among other cases, to controversies be
/ tween a State or the citizens thereof. an(
| foreign States, citizens, or subjects.
seems to ME that that provision gives tht
! Federal courts authority to exercise juris
dietion over cases like that furnished By
! the Tallulah incident.
1T must not be forgotten that all eco
nonic forces are each day making tn
! United States more and more of a nation
| concentrating inevitably upon the Fedora
authority obligations which it cannot avol
and should not evade. AS a member o
/ the great family of nations, we mus
establish in this country definitely an
without the least possible obscurity.
| central national. Federal authority T.
which in all question of international sig
nifcance may be referable, answerable an,
responsible. We must do this no; onl
out of a decent regard for our own self
| respect but also in justice TO our inter
| national ueighbors. with whom We hav
made treaties specifically insuring TO thei
| citizens resident in our borders the ampl
protection not of any particular locality
1 but OF the United States of America. Now
4 to a foreigner these four words-Unite
/ States of America-conyey but one mean
ing | need not say what that meanin
is. They convey the same significance I
I an Italian that the Kingdom of Italy con
yeys to one of our citizens-the same sig
/ niicance so far as the national protectio
| guaranteed by cur treaties is concerned
y look forward to the time when GU
laws on this question will be so clear nc
| only that they can be understood by
practiced international lawyer but also tina
they cannot be misunderstood by the ma
| of average intelligence the world over
81 look forward 10 the time when th
| decision of the Supreme Court in eX part
siebold qO0 United States, BID, will be rec
ognized as law and justice all over thi
country, and especially in cases of interna
rional bearings Mr.. Justice Bradley, the
uttered these words; We hold it TO be q
incontroventible principle that the Govern
ment of the United States may, by means Q
physical force, exercised through its Ofiicid
agents. execute on every foot of America
soil the powers and functions that belon
TO it, II must execute its powers or it
no Government And TO do this it mus
necessarily have power to command obsd!
ence, preserve order, and keep the peact
and no person or power in this land ha
the right 10 resist or question its authorit
so long as it keeps within the bounds c
its jurisdiction
II earnestly believe that the bounds {
its jurisdiction should be widened so a
10 include cases like that at Tallulah."