Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Upon the withdrawal of the British agent from Pretoria the United States
consul 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 customary good offices of a neutral for the care of British
interests. In the discharge of this function, I am happy to say that
abundant opportunity has been afforded to show the impartiality of this
Government toward both the combatants.
For the fourth time in the present decade, question has arisen with the
Government of Italy in regard to the lynching of Italian subjects. The
latest of these deplorable events occurred at Tallulah, Louisiana, whereby
five unfortunates 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 occurrence, with discrepant results,
particularly as to the alleged citizenship of the victims, and it 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 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 solution will
doubtless be reached.
The recurrence of these distressing manifestations of blind mob fury
directed at dependents or natives of a foreign country suggests that the
contingency has arisen for action by Congress in the direction of
conferring upon the Federal courts jurisdiction in this class of
international cases where the ultimate responsibility of the Federal
Government may be involved. The suggestion is not new. In his annual
message of December 9, 1891, my predecessor, President Harrison, said: 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
crimes against treaty rights. A bill to provide for the punishment of
violations of treaty rights of aliens was introduced in the Senate March 1,
1892, and reported favorably March 30. Having doubtless in view the
language of that part of Article III of the treaty of February 26, 1871,
Public-domain text, read in full here on John Shaqi.
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