Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-04-30

Vol. H., page ~, "As a general rule the
proposition of Martens seems to be correct,
that the foreigner can only claim to be put
on the same footing as the native creditor
of the state
Finally, upon full review, the liza
bility of the United States, either
directly toward the representatives of
the murdered man or internationally
toward her majesty's government, was
denied.
In the case that gave rise to the Chi
nese demand, 2S of their countrymen
were killed outright, Is wounded, and
many more driven from their homes,
which were pillaged or destroyed by
band Of riotous individuals at Rock
Springs, Wyoming territory. An article
of the Chinese treaty provides that
"Chinese subjects, visiting or residing in
the United States, shall enjoy the same
privileges, immunities, and exemptions
in respect to travel or residence as may
there be enjoyed by the citizens or sub
jects of the most favored nation" To
this demand, reply was made that it had
been asoertaincd that the assailants con-
sisted of a lawless band Of armed men
discontented mining laborers who had
previously sought to induce the Chinese
to join with them in a concerted strike
for higher wages, and who had become
angered by the rejection of their over
lures. This was the only motive dis
| cernable for the assault, or alleged in
| the reported evidence. On neither side,
| among aseailants or assailed, was there
any representative of the government
of China, or that of the United
States, or Of that Of the terri
tory of Wyoming. There was,
therefore, no official insult or wrong, as
there could not be. Whatever occurred
was between private individuals. 1t
was, moreover, absolutely without ma
tional character. The domestic element
Of an ordinary civil disturbance was
wanting. The assailants, equally with
the assailed, were strangers in our land.
In strict truth, the hospitality of a
friendly country, no less than the rights
of peaceable sojourners therein, may be
said to have been outraged by pody
of aliens, who, being permitted by the
| generosity of our laws to enter cur
borders and roam unchecked and at will
throughout our jurisdiction, freely and
| profitably selecting there places of
abode and finding occupation therein,
abused the privileges thus accorded to
them and committed gross breaches of
the public peace, suddenly, and doubt
less with the knowledge that nowhere
within summons could any police or
ganization be found in sufficient force to
stay their criminal hands.
The volume of "Foreign Relationan
for 1885 contains the full history of this
demand for indemnity and the reasons
for its rejection. In that correspondence
with the Chinese minister, the same
principles were laid down as had been
cited in the reply to the British minister
in Tunstall's case. 1t was said:
To tho judiciary branch is committed
the administration of remedies for all
wrongs, and its courts are open, with
every aid they can devise, to secure pub
liclty and impartiality in the administra-
| ton of Justice to every human being found
| within their jurisdiction. Providing thus a
| remedy for all individuals, whether many
or few, rich or poor, and of whatever age,
sex, race, or nationality, the question of
liability for reparation or indemnity for
| losses to individuals, occurring in any
way, must be settled by the judgments of
the judicial branch, unless the act COM
planned of has been committed under
mental orders to that end. The govern
ment of the United States recognizes in
the fullest sense the honorable obligation
of its treaty stipulations the duties of in
ternational amity, and the potentiality of
justice and equity, not trammeed by tech
nical rulings nor limited by statute. But
among such obligations are not the repara-
ton of injuries or the satisfaction by in
demnity of wrongs inflicted by individuals
upon other individuals i'll violation of the
law of the land. Such remedies must be
pursued in the proper quarter and through
the avenues of justice marked out for the
reparation of such wrongs. |
should fail in my duty as representing the
well founded principles upon which rests
the relation of this government to its citi-
zens, as well as to those who are not its
citizens and vet are permitted to come and
go freely with its jurisdiction, did not
deny enphatically all liability to in
demnify individuals, Of whatever race or
country, for loss growing out of violations
of our public law, and declare with equal
emphasis that Just and ample opportunity
is given to all who suffer wrong and seek
reparation through the channels of Justice
as conducted by the Judicial branch of our
government.
There were certain features in the
case which appealed strongly to the
sense of humanity, and which were
communicated by the President to Con-
gress, with recommendation that com
pensation for the loss of the property
destroyed should be given in benevo-
lent spirit; and this was done by Con-
gress, which subsequently,, in 1888, made
still larger appropriation in compen-
sation for similar losses suffered by
Chinese on the Pacific coast; but in each
case the award was expressly stated to
have been made eX gratia, and was ac-
companied by the most distinct denial
Of all legal liability, under international
law or treaty, to make good losses SO
caused.
The Importance of establishing cor
rect principle, and the everlasting and
increasing injury of consenting to an
evil principle, invest this question with
gravity, for it is very evident that if the
government OF the United States shall
admit that il is liable to indemnify indi-
yiduals directly, or a foreign govern
ment acting in their behalf, for injuries
inflicted upon citizens or subjects OF
such foreign government within the
United States and in violation of its
laws, and that such claimants are alb
solved from all efforts to obtain redress
in the Judicial courts, which are as open
TO the foreigner as to our own citizens,
and where justice is administered with
an equal hand to either and to both, it
will create precedent which will not
merely be prolific of international dis
sensions, but which will impair the
structure of our government, seriously
disarrange the system of checks and bal
ances under our state and Federal sys-
TENS, and confuse and destroy the essen
tial boundary between executive and
judicial powers which is one of the
most imDortant featilres in the Consfitu-