The record-union., 1891-04-24
A DANGEROUS PROPOSITION.

The indianapolis Journal thinks that
it would be well for Congress to enact a
law giving the Federal courts jurisdiction
of violations of treaties. 1t says:
Such treaties belong to the highest form of
Government duty the most solemn char
acter in providing for their observance and
enforcement. Yet, as matters now stand, the
Government has no jurisdiction OF the most
1agrant violations of u foreign treaty II the
same fall in the category of crimes against
State laws. In other words the National Gov
ernment is powerleSs TO enforce q foreign
treaty against violation by individuals within
a State.
This raises a grave and highly danger
Gus question. Some may think it well to
modify our system as suggested, but we
think it would be exceeding i'll. The
Constitution prohibits it, and we do not
believe that, without amendment of it,
State courts can be stripped of jurisdic-
ton, as is by the Journal assumed may be
done by Act of Congress. Such propo-
sition will be met by determined opposi-
ton, and developing strength in its be-
half may imperil the Union.
! The people established the government
| they have with the present division Of
duties, and are satisfied with it; they
view with jealousy all suggestions to
shear States of reserved powers and TO
centralize the system more than at pres
ent. The party that champions the up
ripping suggested will meet with defeat.
| The piaint that foreign governments are
so dissatisfied with our system that
change is desirable will have no effect
whatever with the American people, and
not single State will vote to amend for
that reason. They will not listen to a
proposition to change the governmental
foreign powers. Ifany modification ever
is made it will be the outcome of the
sober sense of right entertained by the
people, and not the result of foreign de-
( mand.
Foreign powers treat with us with per-
fectly clear understanding of the dual
character of our system, and have, there
fore, no complaint that is founded in
necessity. We treat citizens and aliens
alike, and more than that the people will
not be disposed to grant. There is much
strength in the expression of the New
York World upon this subject:
Ifany foreign State deems Itself wronged by
| any American State, its remedy is, of course
| against the Federal Government, and that
! Government is responsible whether the
wrong be one within its control or not. It is
! responsible for its own disabilities as well as
! for It's laches, and that possibility the
| American people have deliberately assumed
| in creating system which involves the disa-
! bilitics.
All which is true. It is true also that
while there is no restriction upon Con-
gress in responding of its own motion to
foreign demand for reparation, aliens
whose treaty rights are outraged find the
Federal courts open to them now for pur-
well puts it, they have greater protection
and more privileges under the dual sys-
tenn than have citizens of the republic.
The Indiana paper that has had the
courage to broach the proposition quoted
in the outset, will be found standing
alone upon it, we apprehend. When it
large class of cases and substitute Federal
tribunals, it suggests that which would
have prevented the National Union from
being formed. The States are no more
ready to do that to-day than they were in
1889