Omaha daily bee., 1892-08-26
SPECIAL LAWS UNNECESSARY
Report of the Committee Of the American
Bar ASS ;ciation on International Law.
RIGHTS AND PRIVILEGES OF ALIENS
Exhaustive and Interesting Discussion of
the Subicct-Legisiation for Their
Better Protection Undesirable
aud Unwarrantcd.

standing and spccial committees were then
received, the most important of which was
that OF tho committee on international law.
By resolution adopted at the last meeting
OF the association the committee on inter-
national law was directed to report at the
next annual ineeting whether ANY legislation
by congress is desirable and practicable to
give the courts of tho United States jursd!c
uon over criminal prosecutions for acts OF
violence to tue persons or property of aliens,
committed by citizens Of the United States.n
The scope of the inquiry mas been very
broad and the committee has been aided by
reports of very Intelligent debate in the
United States senate in May last upon a bill
in;euded to give the federal courts the iuris-
dictlon contemplated by the resolution.
While the speeches delivered were in the
main less extended than Is usual in that
BODY they contain most of the arguments
which are naturally advanced both for and
against the proposed legislation. This is so
FAR true that report upon the subject must
necessarily include arguments advanced in
that debate.
Brought to the Attention of Congress-
The subject was brought to the attention
oil congress by a paragraph IL the annual
message OF the president AS u result Of the
suggestion contained in this paragraph,
which referred to the New Orleans lynch.
lngs bill was reported, providing that ''any
act committed In any state or territory of the
United States IN violation of the rights Of
citizen or subject Of foreign country,
secured to such citizen,or subject by treaty
between the United States and such foreign
country, which action constituted like
crime against the peace and dignity OF the
United States, punishable in like manner
as in the courts of said states or territory,
and within the period limited by the laws OF
such state or territory, may be prosecuted in
the courts of the United States, and, upon
conviction, the sentence executed in like
manner as sentences upon conviction for
crimes under the laws of the United States"
The report proceeds: ut is worthy of
remark just here that the New
Orleans incident of March, 1891, was
not the first of like character which has en-
gagged the attention of the federal govern
ment Never before, however had it been
suggested that such remedy as is now pro-
posed was either necessary or expedlent
Similar contingencies arose during the ad-
mlnstratlons of the State department by
Secretaries Webster Evarts and Bayard all
able lawyers, and yet no one of them seems
to have considered that, what were charac-
terized by them all as unfortunate and some
times disgraceful incidents, afforded either
occasion or excuse for so radical aud funda-
mental change in our institutions as the
consideration of the proposed legislation
would make
Originated in Newspaper Discussion.
ut is impossible to controvert the fact
that this agitation in favor of federal leglsla-
tlon originated, not In the thoughtful con-
slderation of lawyers or publclsts but in
ephemeral newspaper discussion, which,
useful as it Is, must of necessity be i'm
pulsive, and upon such subjects serve
the purpose rather Of suggestion
than conclusion. The suggestion made by
the president is OF course, entitled to the ut
most respect, both by reason of his high
Office and also of his acknowledged capacity
as statesman aud lawyer. There Is, how
ever, nothing in the message which goes be-
yond calling the attenuion of congress to the
subject. His expression of belief in the COM
potency OF congress to secure the treaty
rights of foreigners domiclled IN the United
States is not to be contrOverted, provided
only that such treaty rights are consistent
with the constitution of the United States.
The president does not advise legislation
and 1t is not to be assumed that he had an
ticipated the action of congress by such an
examination of the subject as would be re-
CURED of him If bill passed by both houses
should be presented for his signature. The
position OF this question before congress
upon his suggestion has added to the sense
OF responsibility felt by the committee, and,
all things considered, it may probably be
said that few questions have been before it
which are mora important. The inquiry
contained in the resolution embraces two
questions-ls such legislation desirable! Is
1t practicaDe!"
Two Important Cases.
The committee reviews the cases which
nave occurred since the adoption of the con-
sutton similar in general character 10 that
which occasioned the present discussion.
There was the Mcleod case, in when |
Great Britain demanded of the president |
that he should secure the release of Mcleod, |
who was then uEder indictment for murder
in the state of New York and impris ned to |
await trial, and TO which Mr. Webster re- |
piled, that I'm the United States, as in Eng |
land, persons confined under judicial pi ocess |
can be released from that confinement only |
by judicial process"
Tncn there was the Spanish outrage case
at New Orleans III 1851, in which, in reply TO
u demand from tho Spanish government for
repat alton, Mr.. Webster, then secretary of |
state, considered that for the insult to tho
consul and his loss OF property reparation
should be made, and that the flag OF Spain
should be saluted upon the arrival of his
successor as demonstration of respect, and
TO signify the sense entertained by our GOV
ern ment of the injustice sustained by the
consul and insult to the Spanish flag. With
respect, however, to the loss of individuals,
Mr. Webster says: "Wnile, therefore, losses
of individuals, private Spanish subjects, ara
greatly to bo regretted, vet II is Understood
That many American citizens suffered equal
losses from the same causes, and these priva'e
subjects OF her Catholic majesty.
coming voluntarily TO reside in the United |
States, have certainly no cause OF complaint
IL they are protected by ths same laws and
the same administration of law as native
born citizens OF this country. They have, IN
idcl, Souie advantages over ClblLenS OF Tue |
state IN which they happen to be, inasmuch
as they are enabled, until they are become
citizens themselves, TO prosecute for injury
done their personal property in the courts of
the United States, or the state courts at
their election"
The iiilI Pending In the Senate.
The report reviews the riots at Key West,
Fla, the Chinese outrages IN the west and
other international cases, in which the prin-
clple laid down by the United States, that
redress for such gsevances must be through
The regular tribunals Is maintained, notably
by the British government IN very proml-
nent case. IL then goes on 10 say:
The bill pending IN the senate, already
quoted, is very general in its terms and sim
ply adopts the criminal law of each state,
giving 10 federal courts Jurisdiction for tho
of any act which constitutes a
crime under the law of the state, when COM
ntted IN violation of the rights secured TO q
citizen or subject of q foreign country with
whose government we are in treaty relations.
rhis 10 stated more broadly than the Ian
suage of tho act would seem TO warrant, but
40 more so than the advocates of the bill
assert as its purpose.
at is hardly to be expected that II this
course OF legislation be embarked upon con-
gress would undertake the enactment of a