Evening star., 1899-12-05


was authorized, upon the request of the
British Government and with the assent of
| the South African and Orange Free State
| Governments, to exercise the Gust tomary
| good offices of neutral for the care of
| British interests. In the dischage of this
| junction L am happy to say that abundant
| opportunity has been afforded to show the
| impartiality of this Government toward
| both the combatants.
| Lynching of Italians.
For the fourth time in the present de-
| cade question has arisen with the Govern
| fnent OF Italy in regard to the lynching of
| italian subjects. The latest of these de-
| plorabie events occurred at Tallulah, Louis
| lama whereby five unfortunates of Italian
| origin were taken from Jail and hanged
| The authorities of the State and a repre-
| sentative of the Italian Embassy having
| separately Investigated the occurrence with
| discrepant results. particularly as to the
| alleged citizenship of the victims and il
| not appearing that the State had been able
| to discover and punish the violators of the
| law, an independent investigation has been
| set on foot. through the agency of the De
| partment of State, and is still in progress.
| The result will enable the Executive 20
| treat the question with the Government of
| italy in a spirit of fairness and justice. A
| satisfactory solution will doubtless be
| reached.
! The recurrence of these distressing mani
! festations of blind mob fury directed at de-
pendents or natives of a foreign country
suggests that the contingency has arisen
| for action by Congress in the direction of
conterrlng upon the Federal courts juris-
| d-ction in this class of international cases
| where the ultimate responsibility of the
suggestion IS not new. In his Annual Mes
| sage of December O. 1891. my predecessor
President Harrison, said:
1T would, | believe be entirely compe-
tent for Congress to make offenses against
| the treaty rights of foreigners domiciled
| in the United States cognzabe in the Fed
eral courts. This has not. however been
| done. and the Federal officers and courts
have power in such cases to intervene
either for the protection of Il foreign citizen
| or for the punishment of his slayers. 1t
seems to me to follow. in this state of the
law, that the officers ot the State charged
with police and judicial powers in such
cases must, in the consiiera ton of inter-
national questions growing out of such in
cidents be regarded in such sense as Fed
eral agents as to make this Government
answerable for their acts in cases where 1t
would be ansWerable if the United States
had used its constitutional power to define
and punish crimes against treaty rights
"A bill to provide for the punishment of
violations of treaty rights of aliens was
introduced in the Senate March /. 1892
and reported favorably March 80. Having
doubtless in view the language of that
part Of Article III of the treaty of Febru-
airy %, 1871, between the United States and
Italy, which stipulateS that The citizens
of each of the high contracting parties
snail 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
granted to the natives, on their submitting
themselves to the conditions imposed upon
| the natives the bill so introduced and
reported provided that any act committed
| in any State or Territory of the United
States in violation of the rights of a citi-
| zen or subject of a foreign country secured
| to such citizen or subject by treaty between
| the nted States and such foreign country
ana constituting a crime under the laws
| of the State Territory shall constitute a
| like crime against the United States and
| be cogniZabIe in the Federal courts. No
action was taken by Congress in the mat
| ter
/ earnestly recommend that the subject
| be taken up anew and acted upon during
| the present session. The necessity for
| some such provision abundantly appears.
Precedent for constituting a Federal juris-
| dic,ion IN criminal cases where aliens are
| sufferers is nationally deducibe from the
| existing statute, which gives to the district
and circuit courts of the United States
| Jurisdiction of civil suits brought by aliens
where the amount involved exceeds Ger
| tain sum. If such jealous s0licitude be
| shown for alien rights in cases OF merely
| civil and pecuniary import, how much
greater should be the public duty to take
cOgniZance of matters affecting the life
| and the rights of aliens under the settled
! principles of international law no less than
| under treaty stipulation, in cases of such
| transcendent wrongdoing as mob murder
| especially when experience has shown that
local justice is too often helpless 70 pun
ish the offenders
| After many years of endeaVOr on the part
of this Government to that end the Italian
Government has consented to enter into ne
gOtiations for a naturalization convention
having for one of It's objects the regulation
| of the status of Italians Except those of an
| age for active military servicel who, hav-
| ing been naturalzed in the United States
| the mutually conciliatory spirit displayed
! a successful conclusion will be reached.
| Commercial Treaty With Japan.
| The treaty of commerce and navigation
| between the United States and Japan on
| November ~. 1894, took effect in accordance
| with the terms of its XIXth Article the
| 11th of July last, simultaneously with the
| enforcement of like treaties with the other
| powers. except France whose convention
| did not go INTO operation until August 4th
| the United States being. however. granted
| up to that da>e all the privileges and rights
| accorded to French citiL ans under the old
| French treaty. BY this notable conven-
| tional reform Japar's position as a fully
| Independent sovereign power is assured,
| control being gained of taxation, customs
| revenues judicial admins ira ton, coasting
| trade, and all other domestic functions of
| government, and foreign eXtra-tCrritorial
| rights being renounCed.
| Comprehensive codes of civil and criminal
| procedure according to western methods.
| itoS trtl,,s