The record-union., 1899-12-06
GRIMES OF MOB FURY.
Federal Courts Should Have Juris-
diction in Gases Of Aliens.

For the fourth time in the present
decade a question has arisen with the
Government of Italy in regard to lynch
ing of Italian subjects. The latest of
these deplorable events occurred at
Tallulah, La, whereby five unfor-
Inmates of Italian origin were taken
from Jail and hanged.
The authorities of the State and A
representative of the Italian Embassy
having separately investigated the oc
currence with discrepant results, par
ticularly as to the alleged citizenship
of the victims, and it not appearing
that the State had been able to dis
cover and punish the violators of the
law, an independent investigation has
been set on foot through the agency OF
the Department of State. and is still
in progress. The result will enable the
Executive to treat the question with
the Government of Italy in a spirit OF
fairness and justice. A satisfactory So
luton will doubtless be reached.
The recurrence of these distressing
manifestations of blind mob fury, di-
rected at dependents or natives of
foreign country, suggests that the con-
tingency has arisen for action by Con-
gresS in the direction of comforting
upon the Federal courts jurisdiction in
this class Of international cases, where
the responsibility of the Federal Gov
eminent may be involved The sugges-
ton is not new. In his annual message
of December 9, 1891, my predecessor,
President Harrison, said:
TT would be, 1 believe, entirely COM
fn ms 70
against the treaty rights of foreigners
domiciled in the United States cogniza-
BILE in the Federal courts. This has not,
however, been done, and the Federal
officers and courts have no power IN
such cases to intervene either for the
protection of a foreign citizen or for
the punishment of his slayers. 1t seems
to me to follow, in this state of the
law, that the officers of the State
charged with police and judicial pow
ers in such cases must in the consid-
Grafton of internal questions growing
out of such incidents, be regarded in
such sense as Federal agents, as to
make this Government answerable for
their acts in cases where it would be
answerable if the United States had
used it's constitutional power to define
and punish crimes against treaty
rights
A bill to provide for the punishment
of violation Of treaty rights of aliens
was introduced in the Senate March J..
1892, and reported favorable March
GOTH Having doubtless in view the
language of that part of Article III. of
the treaty of February 26. 1871, be-
tween the United States and Italy, the
bill stipulated that the citizens of each
contracting party shall receive, in the
States and Territories of the other, most
constant protection and security for
their persons and property, and shall
enjoy in this respect the same rights
and privileges as are or shall be grant
ed to the natives, on their submitting
themselves to the conditions imposed
upon the natives" The bill SO intro
duced and reported provided that any
act committed in any State or Terri
tory of the United States in violation
of the rights of a citizen or subject OF
a foreign country secured by treaty be-
tween the United States and such for
eign country, and constituting crime
under the laws of the State or Terri
tory shall constitute a. like crime
against the United States, and cognlza-
BILE in the Federal courts. No action
was taken by Congress in the matter
/ earnestly recommend that the sub
ject be taken up anew and be acteu
upon during the present session. the