Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-26
LET HEATHEN RAGE.
Uncle Sam Need Not Change His
Laws to Suit Foreign Powers.
TIE NEW ORLEANS LYNCHINGS
And the Proposed Federal Jurisdiction law
Reported Upon by
ABLE LAWYERS WHO OPPOSE A CHANGE

ABLE LAWYERS WHO OPPOSE A CHANGE
SARATOGA, N. Y, Aug. 25.-The Amer
ican Bar Association convened this morning
and listened to the annual address, which
was delivered by John Randolph Tucker, of
Virginia. Reports of committees were
then received, the most important of which
was that of the Committee on Interna-
tional Law. By resolution adopted at the
last meeting of the association, the Commit
tee on international Law was directed to
report at the next annual meeting whether
''any legislation by Congress is desirable and
practicable to give ports of the United
States jurisdiction over criminal prosecu-
tions for acts of violence to the persons or
property of aliens committed by citizens Of
the United States"
The scope of inquiry has been very broad,
and the committee has been aided by the
reports of a very intelligent debate in the
Senate of the United States last May, upon
bill intended to give to the Federal courts
the jurisdiction contemplated by the reso-
luton. The subject was brought to the at
tention of Congress by a paragraph In the
annual message of the President
The Question as Debated by the Senate.
As result of the suggestion contained in
this paragraph, which referred to the New
Orleans lynchings, a bill was reported pro-
yiding that any act committed in any State
or Territory of the United States in viola
tion Of the rights of citizen or subject of 9
foreign country secured to such citizen or
subject BY treaty, which 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, may be prose-
cuted in the courts of the United States,
and. upon conviction, the sentence executed
in like manner as sentences upon con-
victions for crimes under the laws Of the
United States" The report proceeds:
1t is worthy of remark just here that the
New Orleans incident OF March, 1891, was
not the first OF like character which las en-
gagged the attention of the Federal Govern
ment as will be seen hereafter Never be-
fore, however, has it been suggested that
such a remedy as is now proposed was
either necessary or expedient Similarcon-
tingencies arose during the administrations
of the State Department by Secretaries
w SDSt6r, EvartS ana bAyarQ hi dUl6 lhW-
yers and yet no one of them seems to have
considered that what were characterized by
them all as occurrences unfortunate and
sometimes diseraceful. afforded either oc-
casfon or excuse lor So radical and funda-
mental a change in our Institutions as upon
consideration the proposed legislation
would make.
Newspaper1 Start the Ball Rolling.
1t is impossible to oontrovert the fact that
this agitation In favor OF Federal legislation
originated, not In the thoughtful considera-
tion Of lawyers or publfcists, but in ephem-
eral newspaper discussion, which, useful as
ft is, must of necessity be impulsive, and
upon such subjects serve the purpose rather
of suggestion than conclusion. The sugges-
tion made by the President is, of course, en-
titled to the utmost respect, both by reason
ofhts high office and also of his ackno wledged
capacity as a statesman and lawyer. There
is, however, nothing in the message which
goes beyond calling the attention OF Con-
gress to the subject.
His expression of beliefin the competency
OF Congress to secure treaty rights of for
eigneIs domfciled in the United States, is
not likely 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 it
is not to be assumed that he had anticipated
the action of Congress by such an examina-
tion of the subject as would be required of
him If a bill passed by both Houses should
be presented for his signature.
The position OF this question before Con-
gress upon this suggestion has added to the
sense OF responsibility felt by the COM
mittee, and, all things considered it may
probably be said that few questions have
been before the association at once more
important and more exigent. The inquiry
contained in the resolution embraces two
questions: First, is such legislation desira-
BILE, and, second, is it practicable9
Cases Ante-Dating the New Orleans Affair
The committee reviews the cases which
have occurred since the adoption of the
Constitution similar in general character to
that which gave rise to the present discus
sion. McLeod's case, in which Great
Britain demanded of the President that he
should secure the release of Mcleod, who
was then under indictment for murder in
New York and imprisoned to await trial,
and to which Mr.. Webster replied that Sin
the United States, as in England, persons
confined under judicial process can be re-
leased from that confinement only by
judicial process.
The committee refers to the Spanish out
rage case at New Orleans in 1851, in which,
in reply to q demand from the Spanish
Government for reparation, Mr.. Webster
then Secretary of State, considered that
for the insult to the 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 a
demonstration of respect, and to signify
the sense entertained by our Government
of the injustice to the Consul and the in
suit to the Spanish flag. With respect,
however, to the loss OF individuals, Mr.
Webster says:
Webster's Principe Of Equal Rights
While, therefore, the losses of individuals,
private Spanish subjects, are greatly to be
vet ia
American citizens suffered equal losses
from the same cause, and those private indi-
v1duals subjects of Her Catholic Majesty,
coming voluntarily to reside in the United
States, have certainly no cause of complaint
If they are protected by the same laws and
the same administration of law as native
born citizens of this country. They have,
in fact, some advantages over citizens of
the State in which they happen to be, mas
much as they are enabled until they become
citizens themselves, to prosecute for any
injury done to their pessenal property in
courts, at their election.
The report reviews the riots of Kew
West, Fla, the Chinese outrages in the
West and other international cases in which
the principle laid down by the United
States, that redress for such grievances
must be through the regular tribunals, is
maintained, notably by the British Gov
ernment In very prominent case. It then
goes on to say:
The bill pending in the Senate already
qnoted Is very general in its terms and
simply adopts the criminal law of each
State, giving to the Federal courts jurisdic-
ton for the prosecution of any act which
constitutes crime under the law of the State
when committed in violation of the rights
secured to q citizen or a subject of a foreign
country with whose Government we ore in
treaty relations. This is stated more broadly