In 1891, in connection with the Mafia inci dent which suddenly disturbed friendly rela tions and opened grave international compli cations, Italy raised an important question concerning the relations of the United States as a national unit with other nations in the enforcement of its treaty obligations. Several Italian members of the Mafia, or Mafiosi (an oath bound secret society indigenous to Sicily), arrested and placed on trial in New . Orleans for the murder (in October 1890) of Mayor Hennessey who had been investigating the operations of the society, were lynched in March 1891, by a mob which, having become impatient with the inefficiency of the ordinary methods of administering justice in the crime infested city, forcibly entered the jail and took the law into their own hands. The Italian gov ernment promptly sent a protest to Secretary Blaine, who expressed regret and urged Gov ernor Nicholls of Louisiana to bring the guilty to justice. The Italian premier, probably in fluenced to aggressiveness by an approaching meeting of the Parliament, demanded summary punishment and indemnity. In vain did Blaine try to extricate the American government from an awkward situation by an explanation that under the American dual form of government the institution of judicial proceedings in the case belonged entirely to Louisiana, and by a rather humiliating statement that the United States had observed treaty obligation by etc tending to Italian citizens the same protection that it could extend to American citizens in New Orleans. His reply was regarded as an equivocation. Without waiting for the further failure of judicial proceedings in Louisiana, the Italian minister, Baron Fava, withdrew from Washington, and for a time diplomatic relations •were practically suspended.
The incident, and the admission that the Federal government was without means of de fending foreigners against popular violence placed America in a deplorable light before the world. The American government, after an examination of all the facts, decided that, since Congress had not made offenses against the treaty rights of domiciled foreigners cognizable in the Federal courts, it would be proper in the consideration of international questions growing out of such incidents to regard the State officers charged with police and judicial power in such cases, as Federal agents for whose acts in such cases the Federal govern ment is answerable — as "it would be answer able if the United States had used its constitu tional right to define and punish crimes against treaty rights.° In 1892, the voluntary American
offer of indemnity for the families of the Italian subjects who had been lynched, and the payment of over $24,000 from the diplo matic fund for this purpose, resulted in an acceptance of the reparation by Italy, the return of Baron Fava and the renewal of friendly relations which have since continued — al though occasionally somewhat affected by such incidents as the closing of the Italian immigra tion bureau at Ellis Island in 1898 and 1899, and reflections of the American Industrial Commission upon the integrity of Italian officials. Unfortunately lynching cases similar to the New Orleans case of 1891 arose in Colorado in 1894 and in Louisiana in 1896. In each case the United States paid an indemnity.
In 1899, Italy adhered to the American open door policy in China. Three years later, she acted with Germany and Great Britain in be ginning a blockade of Venezuelan ports, but soon withdrew. In the recent Italian conflict with Turkey in Tripoli, the United States had only a remote and detached interest. In the World War, relations increased in cordiality through common interests in apprehending the aggressive and offensive Central Powers which disturbed the peace from selfish motives.
Recent friendly relations have been accom panied by the negotiation of several treaties. Under the provisten of the Dingley tariff act, a new commercial treaty was negotiated in 1900. A supplementary commercial agreement was made in 1909. The principle of arbitration em bodied in the treaty negotiated by Secretary Root in 1908 was later extended by a new treaty negotiated by Secretary Bryan in 1914 (proclaimed in 1915) providing for investiga tion before declaration of hostilities. A treaty of commerce and navigation, amendatory of Article III of the treaty of 1871, and providing for right of action by aliens in cases of injury or death caused by negligence or fault, was signed and ratified at Washington in February 1913. A treaty providing for reciprocal mili tary service for citizens of the two countries was ratified in the latter part of 1918.
Bibliography.— Curtis, W. E., States and Foreign Powers' (1892); Dewey, D. R., 'National Problems) (1907); Moore, J. B., 'Digest of International Law'(1906); The Nineteenth Century, Vol. XXIX, 701 (1891); General Index to Diplomatic Corre spondence and Foreign Relations, 1861-99 (Washington 1902).
JAmrs M. 'CAT I.AltAN, Professor of History and Political Science, West Virginia University.`