Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-19
THE MURDER OF r.. w. HARDY
What the State Department VIII Do
and What II Cannot Do.


PHILADELPHIA. Aug. rs. 49, Secretary
Bayard spent sunday at his home in Will
mington He said to a Press reporter
that he was resting and did not care to
talk politics, but be took enough interest In
the account Of the murder of Robert w.
Hardy In Mexico, and the apparent i'm
muniJy Of his assassin TO talk about the
State Departments position in the matter
nj some length. - recollect," said
he, after reading the published letter
from the 5iinister 10 Mexico, in which the
legal aspect OF the case was etated, chat
Mr.. jackson addressed the letter to me,
and that ! regarded it as a very full
account OF the affair. IL tells how young
Hardy met his death, and how Col.
VM0na, who Is said TO have shot him.
was protected by Mexican law from ion
prisonment before his trial. | did not
know The legal point before, butt appears
that, with his position as member Of the
Mexican Congress, the Offense became r
bailahle one. Mr., Jackson says that his
trial Will take place in September and
that he will watch IL as carefully as pos
eible. In the meantime don't see that
anything more can be DONE"
Is there 10 danger then that Col
OMana's position will protect him from
pun shment altogether?'
''Thst / could hardly say, for don't
know what the Mexican court or com
mission is likely to do. Even If they fail
to do justice, after the man has had fair
trial, don't see that the department can
interfere Understand me-" continued
the Secretary. carefully, Il don't mean
that the government viii not do eyery-
thing possible for its citizens abroad, but
that its capacity is limited by the laws
under which the citizen il residing. Sup
pose, for instance, an American were 10
murder a Mexican here, and were to be
tried and uniustly acquitted because of a
national prejudice In his favor, what could
the Mexican government do If the law
had been followed until the case was given
10 the juryS Simply nothing. Ii they
saw that the trial had been conducted
according to American law and then
found the verdict go against their opin-
ions, they would be in about the same po-
sitiOn as an American conducting an
American case in his own courts who
finds that Jury have not decided accord.
ing TO the evidence. He could do nothing
except 70 accept the verdict, though il
should be- go evidently wrong as some OF
those which provoked the riot AZ Cncin-
natl. suppose an American had been
tried for killing a Mexican before one of
quilted with the evidence against him.
could the Mexican government step in
and do what the American government
could noty The whole matter in a sen
tence is this:
"Citilens leaving one country and going
into another can only be- protected to the
same measure as the cOuntry's own citi-
items. They must live under the same
laws. The United States government
will see they get that protection, but il
cannot insist that they be tried or de-
Tended according 20 the United States
laws. In this Hardy case the Minister
will be instructed 10 see that the trial il
a fair one according 70 Mexican laws. hut
will do nothing 10 interfere with them.
II the trial h unfair. or II the Mexican
law is not carried out, he will inform the
department"
"One thing ] have thought off," the
Secretary went on, ''and this case brings
IL 10 mind. That Is 70 ask Congress for
an appropriation 70 allow trials in foreign
countries where an American citizen Is
interested 10 be watched by some capable
person. don't know that the department
could do anything on a mere report of Il
wrong verdict, but 10 would bring thor
Ough statement OF the trial before them
and NJ least give basis for deciding what 20
do. IN the trial 0f the dynamiters ~ Lon
DON You rec0llect, NJ mister Phelps him.
self went to the court room and occupied
q seat on the bench. he that he would un-
derstand what was done. ! had no money
20 employ any one else, and he decided 10
attend 20 70 himself. though 10 WAS n
rather extraordinary proceeding for "a
minister. Such a fund. Of course, might
be liable 20 abuse and give American cit.
zeue In foreign countries the idea that
their government would attend 10 an their
lawsuits. Properly applied, however. aud
confined 20 certain cases. think VI would
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