Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-10
A Cnsus ornissus.

several interesting questions have bcen
raised ii connection with the troubles, 20
onlled, which Italy and the United States
hare had - . consequences Of the unlawful
hanging 1t New Orleans Of four Italian
citizens. Notice that it was four, and not
eleven. citizens OF Italy thatwere thus exc
cutod. though the latter was the number
of The Illegal executions. The other seven
vietims were naturalized citizens OF the
United States.
30 hero ne have both the citizen and
tie alien. And the treaty obligations OF
sths United States TO Italy certainly do not
FeQnire that Italian aliens shall be treated
better than American citizens. However.
re can hardly expect Italy to be content
With the untimely fate Of her citizens be-
cause more citizens of tho United States
than Of Italy persisted in the recent New
Orleans riot.
Just here 1t may be well to call attention
10 the fact that the Constitution OF the
United States is not silent upon the sub
iect of the treaty obligations which the
Goyernment OF this county may enter into
Article III. section 2. provides that the
iudicjal power of the United States shall
extend 10 all cases srisiDg under treaties
made under the authority of the Constitu-
ton and laws Of the United States; and
Article vi provides that all treaties which
shall be made under the authority OF the
United States shall be the supreme law OF
tha land. anything in the Constitution or
laws Of any State to the contrary notwith-
standing.
So IL Is not State Laws that prevent the
United States Government from proceed
ing to arrest the New Orleans rioters and
try them for high crimes and rnisdemean-
ora. These laws, IL there were any such,
could not stand in the presence OF the pro-
visions of the Federal Constitution which
we have lust mentioned. The inability OF
the United States Government to enter a
Stats "a sovereign" State was the phrase
before the war between the States) and ar
rest and punish its citizens for unlawful
homicide grows out of the very nature OF
our form of government. We can make
treaties that are binding upon us; but we
cannot make such treaty--that is. bind
ing treaty, and one which the Federal Gov
eminent could enforce-in violation OF the
Constitution Of tho United States. nor in
disregard Of the wise dual form OF
government which is the boast of every
American patriot. The reserved rights
of the States must be respected. When
our Government undertakes TO make q
binding treaty it must make one which
viii stand the scrutiny Of the Supreme
Court of the United States. The Federal
Constitution itself provides that the pow
ers not delegated TO the United States by
that Constitution, nor prohibited by it to
the States, are reserved to the States re-
spectively or to the people. The right to
punish unlawful homicide is one of the
rights reserved to the States with excep-
tions which 1t is not necessary to specify.
The agent cannot exceed nor usurp the
powers Of the principal. So we might say
In view of our existing complications with
Italy that there seems here to be cdsus
onisnas. Whether there Is or not, the
United States Government has no power
10 make treaty not authorized by the
Federal Constitution.
Inc house OF REPRESENTATIVES, cihiuis eno
right to refuse to appropriate money to
carry out treaty made by the President
Of the United States and the Senate In
strict conformity with the Constitution.
30 that the constitutional provision sthai
treaties thus made shall be the supreme
law Of tho land Is rendered Of none effect
whenever the House OF Representative.
refuses to appropriate the money needed
20 execute such . treaty. The Govern
Z ments Of Europe might consider this sorI
of proceeding as tritling with them, and
might declare, as IL done by Italy In thu
New Orleans case. that our Constitution
needs revision; but all the same the!
would have to submit to allowing our Con
stitution and customs 70 control cur con
duet towards other nations. We constru'
the whole Constitution together, and II
doing 20 take caro- not only that our form
of Government shall not be in tho slight
est degree changed. but that our custom
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