The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-08-26

sAnA4oaA, N. Y, August e6.-The
American bar association convention
this morning and listened to the annual
address which was delivered by John
Randolph Tucker, of virginia The
committees were then received, most
important of which was the committee
on constitutionalla law.
by resolution adopted attic last meet
ing Of the association the committee on
international law was directed to report
at the next annual meeting whether
'.Any legislation by Congress is desira-
bic and practicable to give ports OF the
United States jurisdiction over criminal
prosecutions for acts of violence to the
persons orproperty OF aliens, commit
ted by citizens Of the United states."
The scope Of the inquiry has been
very broad and the committee has been
aided by the reports OF very intelli-
gent debate in the senate Of the United
States it may last, upon bill intended
to give 70 the federal courts the juris-
diction contemplated by the resolution.
The subject was brought to the atten-
ton Of Congress by paragraph In the
annual message Of the President.
AS result OF the suggestion con.
tanned In this paragraph, which referred
TO the New Orleans lynchings, o bill
wps 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 sub
ject BY treaty between the United
States and such foreign country, which
act constitutes like crime against the
peace and dignity OF the United States,
punishable in like manner as in the
( courts OF said states or territories, and
within the period limited by the laws
OF such state or territory, and may be
prosecuted in the courts OF the United
States, and, upon conviction, the sem
tence executed in like manner as SEN
fences upon convictions for crimes un-
der the laws Of the United States"
It Is impossible to controvert the fact
that this agitation in favor of federal
legislation originated not in tho
sthouahtful consideration of lawyers or
publicists, but in ephemeral newspaper
discussion, which useful as it Is, must
Of necessity be impulslye, and upon
such subjects serve the purpose rather
Of suggestion than conclusion. The
suggestion made by the President is, OF
course, entitled to the utmost. respect
both by reason Of his high Office and
also of his acknowledged capacity as q
statesman and lawyer. There is, how
ever, nothing in the message which
goes beyond calling the attention Of
Congress to the subject. His express
sion Of belief in the competency OF Com
gress TO secure treaty rights OF for
eigners domiciled in the United States,
Is not likely to be controverted, pro-
vided only that such treaty rights are
consistent with the constitution OF the
United States.
The committee reviews the cases
which have occurred since the adoption
OF the constitution similar in general
character to that which occasioned the
present discussion.
THE ExPEDIRNcY.
Itthen goes on to say: The bill pend
ing in the senate already quoted is very
general in its terms, and simply adopts
the criminal law of each state, giving to
the federal courts jurisdiction for the
prosecution of any act which consti-
tutes crime under the law OF the
state when committed in violation OF
the rights secured to citizen or sub
ject OF o foreign country with whose
government we are in treaty relations.
This is stated more broadly than the
language Of the act would seem TO war
rant, but not more so than the claims
of the advocates Of the bill as to its
scope and purpose. 1t is hardly to be
expected that, If this course Of legisla-
ton be embarked upon, Congress would
undertake the enactment of new and
uniform system Of criminal law and
s procedure. We may, therefore, assume
that any bill likely to be passed would
be q general one Of the character OF that
now pending.
Tho necessity of the bill is claimed
on the ground that our laws should
conform TO our treaty obligations, 80
that when questioned as to what we
are doing to protect the treaty rights
of foreign people, we can always an
swer: THE laws of Congress confer
! jurisdiction upon the federal courts;
your contract is with thefederal courts;
your treaty lie with the federal author
ity;your treaties are with the govern
ment Of the United States and we are,
therefore, made q party. Thus the
United States as the treaty making
power would be able to enforce treaty
Obligations, and would not be forced,
as in the past, when the supreme power
has depended entirely upon state ac-
ton, TO stand in contempt in the pres
ence Of the nations OF the earth
Finally, they believe that the meas.
ure proposed is not only practicable,
but Is less Objectionable than any other
that could be advised. 1t could not In
8 terfere with or change the laws OF the
several states in regard to what consti.
ttites q crime, and does not provide q
different penalty for an act against the
rights Of an alien and an act which is q
crime against q citizen Of the state;
while, If the federal courts should not
adopt the laws Of the state, there would
ne two laws making different otfense
OF the same act in q given state.
Again, the far-reaching character OF
this bill can hardly be appreciated or
anticipated. II was stated in the SEN
ate that there are fifty thousand aliens
in Chicago alone and that possibly one
third, but certainly one.fifth Of tho pop
Iilation OF Wisconsin Is alien; the same
conditions to greater or less degree
obtain in many Of the northwestern
states. Think, then, OF the endless con-
fusion which would result from the di.
vision OF the criminal administration Of