Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The lynching at New Orleans in March last of eleven men of Italian nativity
by a mob of citizens was a most deplorable and discreditable incident. It
did not, however, have its origin in any general animosity to the Italian
people, nor in any disrespect to the Government of Italy, with which our
relations were of the most friendly character. The fury of the mob was
directed against these men as the supposed participants or accessories in
the murder of a city officer. I do not allude to this as mitigating in any
degree this offense against law and humanity, but only as affecting the
international questions which grew out of it. It was at once represented by
the Italian minister that several of those whose lives had been taken by
the mob were Italian subjects, and a demand was made for the punishment of
the participants and for an indemnity to the families of those who were
killed. It is to be regretted that the manner in which these claims were
presented was not such as to promote a calm discussion of the questions
involved; but this may well be attributed to the excitement and indignation
which the crime naturally evoked. The views of this Government as to its
obligations to foreigners domiciled here were fully stated in the
correspondence, as well as its purpose to make an investigation of the
affair with a view to determine whether there were present any
circumstances that could under such rules of duty as we had indicated
create an obligation upon the United States. The temporary absence of a
minister plenipotentiary of Italy at this capital has retarded the further
correspondence, but it is not doubted that a friendly conclusion is
attainable.
Some suggestions growing out of this unhappy incident are worthy the
attention of Congress. It would, I believe, be entirely competent for
Congress to make offenses against the treaty rights of foreigners domiciled
in the United States cognizable 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. It seems to me to follow, in this state
of the law, that the officers of the State charged with police and judicial
powers in such cases must in the consideration of international 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 its constitutional power
to define and punish crime against treaty rights.
Public-domain text, read in full here on John Shaqi.
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