The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-31
The Indemnity for Italy.

The information given by the Governor
OF Louisiana to Secretary HAY Is that three
OF the five victims Of the Tallulah lynch
Ing were naturalized Americans. In the
Malta riot OF 1891 there were more victims,
Congress was $25, 900.
The President will undoubtedly adhere to
the position taken in 1891, namely. that it
Is not possible in such cases to put tho
lynchers on trial in a Federal court, the
matter being wholly under State jurisdic-
ton. 1t may he hoped that Louisiana will
see the wisdom Of bringing the lawbreakers
to justice, more especially as DR.. HODGE
was not fatally wounded by the Italians.
Still. II there should be a miscarriage of
justice again. as 30 often before. and we
might say habitually, in lynching cases,
Italy would be compelled to satisfy herself
with the money indemnity, as she was
eight years ago.
The general opinion Of publicists seems
to put alien residents on the same footing
as citizens in cases OF mob violence, and
not on q better. Our treaty with Italy
promises 1.-The most constant protection
and security" for the persons and property
OF her citizens dwelling here, but adds that
they shall "enjoy in this respect the same
rights and privileges as are or shall be
granted to the natives on their submitting
themselves to the conditions imposed on
the natives" DR.. SNOW a high authority
on international law. quotes BLUNTscHLIa as
holding that foreigners cannot insist on
indemnity for losses resulting from inter
nj H,iNl In lint III oh att
stronger ground, holding that strangers
risk intestine war, because the Government
cannot control it. and because its own in
terest Is to avoid such connections, 80 that
undue carelessness on its part cannot be
inferred. A third authority cited to the
same effect Is CALvo, a Latin-American.
These publicists are discussing great COM
motions or civil war, but In all cases the
principle seems to be extended to ordinary
mob violence.
In the massacre OF Cinnamon at Rock
Springs, in Wyoming. in 1885, the State
Department denied "all liability to in
demnify individuals, OF whatever race or
country, for loss growing out Of violations
of our public law" and held that there was
ample source of reparation through the
ordinary cHdInelS vi Jubulce. oH Jne OJncT
hand. our State Department had insisted
in 1873 that Government Is liable inter-
nationally for damages done to alien resi-
dents by a mob which by due vigilance it
could have repressed."
Practically, while denying liability to in
demnity for mob violence, our Government
has frequently asked Congress to award 1t,
as a matter Of equity, and Congress has ap-
proved this course.
1t was so in 1881 in the riots against
Spanish residents at New Orleans and Key
West. 1t was 30, as we have seen, forty
years later in the Malta riots. 1t was so
again in the case Of the Italians lynched at
Hahnville in Louisiana, in 1895, for which
our Government paid $4,000. 1t was so
with some Chinese riots at the West, the
Government seeing that 1t would be unjust
to demand, as we frequently do, indemnity
for outrages committed upon American
missionaries and others in China. without
according compensation In like cases here.