Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-08-26
RIGHTS OF ALIENS.
4Ht NATIONAL BAR ASSOCIATION DECIDES
THAT ANY SPEC Al LAW
tor That Purpose is Both Unnecessary and lnszpe-
aieai-Ihe Question Discussed al Length.
TIE BIZ Now Before Congress
Reviewed

As~AAolDQ tucker, OF NllAluids Inv
committees were then received, most
Important Of which was the Committee
on Constitutional Law. That committee
reported as follows:
BY resolution adopted at the last meet
Ing OF the Association, the committee on
International Law was directed 10 report
az the next annual meeting whether ANY
legislation by Congress IS desirable ana
practicable 10 give courts or the United
States jurisdiction over criminal proSecu-
tons for acts Of violence 10 the persons OF
property of aliens, committed 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 intelligent DEBATE
in the Senate OF the United States IN May
last upOn a bill intended 20 give 10 the fed
eral courts the jurisdiction contemplated
by the resolution. While the speeches
then delivered were in the main less eX-
tended than is usual in that body they con-
tain most of the Arguments whlca are nat
"Uraly advanced both for ana against tue
proposed legislation. ms is so Tar true
that a report upon the subject must ueces-
sarily include arguments advances 10 that
debate.
The subject was brought to the attention
of Congress by a paragraph Ia tue annual
message Of The President. AS result OF
the suggestion contained in this paragraph,
which referred TO
TEE NEW ORLEANS LYNCHINGS,
q bill was reported, providing that any act
committed in any State or Territory or the
United States in violation OF the rights OF
a citizen or subject Of a foreign country Sc
cured 10 such citizen or subject by treaty
between the United States aud such Tor
eign country. which act constitutes a ike
e1- md n
United States, is punishable in Ike man
ner as ia the courts OF said states or Terri
tories, and within the period limited by the
Jaws of such State or Territory, and may
be prosecuted in the courts OF the United
States, and, upon conviction, the sentence
executed in like manner as sentences upon
convictions for crimes under the laws or
the Uuited States.
IL is worthy Of remark just here that the
New Orleans incident Of March, 1891, was
not the first Of like characte- which has
engaged the attention Of the Federel gov
eminent, as win be seen hereafter. Never
before however, has IL been suggested
that such q remedy as Is now proposed was
either necessary or eXpedlent. Slmllar
rontinkenc. Is arose during the administra-
tions Of the State Department by Secre-
taries Webster, Evarts and Bayard, all
able lawyers. and vet no one OF them seems
70 have considered that what were charac-
teriZed by them all as occurrences untortu-
nate and sometimes dlsgraCeful, Afforded
either occasion or excuse for so radical and
fundamental a change in our institutions
n the proposed legislation would make.
10 is impossible 10 ContrOvert the TACT
that this agitation in favor Of federal legls-
iatiOn orr giuated not In the thoughtful cou-
sideration Of lawyers or puolicists, but IN
EPENERAL NEWSPAPER DISCUSSION,
which. useful as il is, must Of necessity be
impulsive, and upon such subjects serve
the purpose rather Of suggestion than con-
cluslOn. The suggestion made by the Pres
ident Is, OF course, entitled 70 the utmost
respect both Dy reason OF his high office and
also of his acknowledged capacity as
statesman aud lawyer. There IS, however,
nothing ia the message which goes beyond
calling the attention OF Congress 10 the
subject His expression OF belief IN the
competency Of Congress to secure treaty
rights of iOrei guers dOminclled IN the Uni
ted States, is not likely 70 be controverted,
provided only that such treaty rights are
consistent with the Constitution OF the
United States The President does not
advise legislation, and IL is not 10 be as
sumed that be had anticipated the action OF
CONGRESS Oy such an examination OF the
subject as would be required Of him II
bill passed bv both Houses should be pre-
scented FOR his signature.
The position of this question before
Congress upon this suggestion has added
10 the sense of responsibility felt by the
committee. and, all things considered, 10
may probably be said that few questions
have been before the Association at once
more inuertant and more eXigent. The
inquiry contained in the resolution EN-
braces two questions: first, is such leglsla-
tiou desirable, and second, IS II pracucaoIe-
The committee reviews the cases when
have occurred since the adoption Of the
constitution similar in character TO that
which occasioned the present discussion.
Mel. eod's case, i'm which Great Britain de-
manded of the President that be should Sc
cure the reI5asgOf Mcleod, who was tRen
under. Indictment for murder In the State
Of New York, and imprisoned 10 await
trial, and to which
NR WEBSTER REPLIED;
'In the United States, as in England, per
sons confined uuder judicial process can be
released from that confinement only Oy
judicial process"
The committee refers 10 the Spanish out
rage caseat New Orleans 10 lS5l, IN when
in reply 20 demand nom Ihe % SPan .ist
Government for reparatlOn, Mr.. webster,
then Secretary Of state, considered JnaL
for the insult 10 the consul and MS loss OF
property. reparation should De made and
that the flag of Spain should be saluted
uDon me arrival Of his successor as a /
damonstration Of respect, and 70 signify
the sense entertained by our Government
OF the Injustice TO the consul anu tue Insult
- tine Spanish flag. With respect, now
ever, to the loss OF lnolVl0uals' Mt i.. Neo
ster avs: while. therefore, the losses OF
individuals. private Spanish subjects, are
rrsatIv 10 be regretted, yetit IS understood
mar many American citizens suffered equal
losses from the same cause, and these prl-
-, jr5fviduals. subjects of Her Catholic
NIaies+y- coming voluntarily 10 reside IN
the United States, have certainly no
cause Of complaint II they are protected OF
the same laws and the same administration
OF law as native porn cltIens OF ms COu IL I
nv Thev have In fact some advantages
c,,e. citizeus of the State in which they |
bsr0eD 10 be. inasmuch as they are enabled, !
,I,fi they become ciUZens themselves, 70 |
prosecute for any injury done 70 their per-
soDai propertv ia the courts OF the United |
Stafes or the State courts az their cleo /
ton" -. r.
West. Fla, the Chinese Outrages In me /
West. and other international cases IN |
(which the principle laid down by the /
limited states that redress for such griev- /
ances must be through the regular trio- |
unal is maintained, notably
BY THE BRITISH GOVERNMENT
in q very prominent case. . II then goes on !
10 saw. that the bill pending IN the Senate |
alreadv quoted is very general in its terms, /
and simply adopts the criminal law OF each |
state. giving 10 the federal courts lurlSdlc- |
tion for tue prosecution of any act which /
constitutes crime under the law Of the |
state when committed in violation Of the |
rights secured 10 q citizen or a subject Of /
foreign country with whose government we |
are in treaty relations. This is stated more /
broadly than the language Of the act would l
seem 70 warrant. 0ut not more so than the /
claims OF the advocates Of the bill Os 10 its I
scope and purpose. It is hardly 70 be eX- /
pected that, il this course Of legislation be |
Embarked UPON, Congress would undertake |
the enactment of a new and uniform sys-
tern of criminal law and procedure. We |
49, I'm l.------