The times., 1899-07-23

The lynching of five Italians at Tallulah.
La. Friday morning is viewed with con-
cern in official circles on account Of the
effect ii may have on the relations between
Italy and the United States. officials re
called yesterday that similar affair. the
lynching of men Of the same nationality
in the same State during the Adninistra-
tion OF President Harrison. nearly caused
q war between this country and Italy. anc
did result in the withdrawal from Wash
ington of the Italian Minister. The affair
at Tallulah is the third of its kind involv-
ing the relations between the Italian Gov
ernment and that of the United States.
Only a short time ago this Government paia
indemnity to Italy for the killing by 4
mob OF come Italian subjects in Colorado
1t is. believed here that the least that
will result from the latest lynching viii be
the payment of heavy indemnity TO Italy.
The seriousness with which the matter
is viewed by the italian authorities was
indicated by the promptness of Italy in
calling the lynching to the attention OF the
State Department. Count Yinci. the
Charge d'Afaires of Italy in Washington,
received a telegram yesterday morning
from the Italian Consul at New Orleans re-
porting that the lynching had occurred.
Count vinci went TO the State Department
az an early hour and saw Assistant Secre-
tary Hill, Secretary Hay being at the
White House az the time The Charge
d'Affaires requested that an immediate in
vestigation of the circumstances of the
iynching be made by this Government
He expressed the fear that other Italians
at TalIulah were in danger of mob vio-
lence and asked that the Government take
means to protect them. Mr.. Hill prom
ised that the State Department would do
everything in its power to sse that the lives
and property CT Italian subjects at Tallulah
were protected and promised also that an
immediate investigation would be made.
Later on Count Vinci saw Secretary Hay.
who. in response to the counts request,
sent a telegram to the Governor OF Louis
lana asking him to see that adequate pro-
lection was given to Italians in Tallulah
and vicinity.
Official Regrets.
The Government authorities express deep
regret over the affair. The ability of the
Government to comply in this case with its
treaty obligations for the protection of
however where the offence committed
against these subjects comes within the
State law. In the case of the Malta lynch
ing in New Orleans, the Federal Govern
ment was unable to secure a trial in the
Federal courts of the men implicated in it,
The Italian Government protested against
their trial in the Louisiana State courts,
and maintained that the United States
Government was not adhering to its treaty
ohlitratfOnS in T1rr-ruiffiup vi
10 dispose Of the case. The General Gov
ernment had no option in the matter, how
ever as the Constitution guarantees to the
State jurisdiction in crime of that nature.
After the difficulty with Italy over the New
Orleans lynching an effort was made in
Congress 10 secure the passage OF a law
providing that treaties with foreign nations
should be the law Of the land. which would
give the Federal courts Jurisdiction in an
criminal case. involving offences against
subjects Of foreign countries. The measure
was bitterly opposed. and failed TO become
a law.
A high official in the State Department
expressed the following opinion last NIGH
in regard TO the Tallulah affair:
1T is premature to discuss this incident
at the present time. We must wait until
the newspaper reports are authenticated
II they are verified by the Governors re-
port. we shall then have a delicate ques-
tion of international law to decide / am
not prepared to say that the Italian Gov
ernment would be justified in demanding
Indemnity from the United States Govern
ment; / hardly think the United States
would, or should. grant such demand.
Peculiar Case.
''The circumstances OF the case are pc.
culiar. mob of five men. who happen to
be Italian subjects. attack and attempt TO
kill citizen OF Louisiana. They are
caught redhanded in their work. The ev-
idence against them is convincing They
awaken the fury of the community.
frenzied mob wrests them from the Office IS
of the law, and puts them to death. Re
membering these circumstances. / do not
think ii would be just for the Italian Gov
ernment to take advantage of teehnica l.ty
of international law. even if il be found
TO exist. and demand that the UAite /
States Government ray indemnity for the
lives of such men killed under such prov
ocation. II they had been similarly XII LED
in Italy, the Italian Government would not
think of paying indemnity to the fami les.
Why. then, should a foreign Government
be expected to do that which the home
Government would refuse to do2
THE action Of the United States will be
determined by general principles already
established in such instances. Although
no two cases are precisely alike, yet we
have precedent in the Malta AFFAIR at New
Orleans. / think Mr.. Blaine acted wisely
and Justly in refusing to grant the demand
OF the Italian Government at that time. II
will be remembered that Mr. Blaine then
persuaded Congress to appropriate $40 .OGC
for the relief OF the suffering families OF
the Italians killed in New Orleans, yet il
was distinctly understood that the money
was paid. not upon any legal merits OF the
demand. bat solely as an act of interna-
tionsl courtesy. MIR Blaine made it very
clear also that citizen OF q foreign coun-
Try resident in the United States is subject
TO our system OF dual Jurisdiction, and tina;
offences Of a certain criminal character are
punishable only by State or municipal au-
thority. ! think this affair Is of precisely
that character. The Tallulah incident !.
merely an Instance Of local mob violence
As such. it comes strictly within the lin
It's OF municipal or State Jurisdiction. and
cannot be dealt with by the Federal au-
thcriJies."
Another View
A somewhat dissenting opinion from the
foregoing was expressed by a former Of
fetal Of the State Department.
i regard this incident" said he. "as one
thai Involves delicate questions OF interna-
fioasl law. I am aware OF Mr.. Blaine S
decision il the Msfia affair. He practically
declared iha. all foreign citizens resident
in this co1ntry would be held severely
amenabIe TO our dual system OF Federal
snd State administration CT law. and that
crimes OF a local nature we're subject only
10 the Jurisdiction Of local authority
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