Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-14
OUR TREATY RELATIONS
Serious Difficulty in Maintaining Them
With Foreign Governments
Necessary to Give the Gen.
eraI Government Power to Protect
Foreigners In the States.

With two such incidents as those of New
Orleans and Walsenburg. Col, facing them
and such affairs as the Rock Springs mas
sacre of Chinese, and the killing of the
Italians in New Orleans in the background,
the State Department officials make no Sc
cret of their apprehension that the United
States is destined. as shown in The Star
yesterday, to have serious difficulty In
maintaining it's treaty relations with for
eign nations unless Congress comes to the
rescue. AS 1t stands now, owing to the
limitations placed upon the exercise Of the
federal power by statute. the government
finds Itself powerless to protect foreign
citizens, whom the United States Is under
solemn treaty obligation to protect. Under
our peculiar condition the national govern
ment can only look to the state to extend
protection. and if this is denied OF the
measure of protection Is inadequate 1t can
not Interfere.
The State Free From Responsibility.
Meanwhile. the state itself Is wholly free
from any responsibility to the foreign
powers with which the United States has
entered into treaty relations, and these
powers are prohibited from even remon-
strating with the offending state govern
ment; they can look for redress only to the
helpless national government. So 1t Is with
in the power of any cratic governor, or
weak mayor, or even an incompetent CHIEF
of police in any city, to force an issue that
can be decided only by war, and the fate OF
the whole nation may depend on the con-
duct of such officials.
This matter was brought to the attention
of Congress by President Harrison at the
instance Of the late Secretary Blaine after
the adjustment of the trouble that threat
ened war with Italy as the result Of the
killing of the Italians In New Orleans. but
no action was taken to carry out the Sug-
gestion, probably owing to the fact that
the necessary legislation might be regard
ed an infringement upon the old states
rights theory.
Lesislation Needed.
1t Is very probable, however, that Presi-
dent Cleveland will feel obliged to again
call attention to the subject at the meeting
of the next Congress and point out how, in
the absence of such legislation, he is oblig-
ed to appeal to Congress to pay out OF the
n oney raised by the whole people large
sums for indemnity for outrages committed
by diSorderly element in one small place.
Just what shape the proposed legislation
will take cannot be now defined, but the
prevailing idea will be to make it the bust
ness of the United States courts in all
parts of the country to protect foreigners
in the United States. first, through the
court deputies, and if that Is not sufficient.
then through the troops of the national
government, and to do this without delay
in all cases. This would require an amend
ment of the posse comitatus law. passed
with the express purpose to prevent the
use of troops at elections, but proven to be
of much wider scope than was intended. and
would otherwise hurt the senslbilities Of
the strict constructionists of the states
rights theory; but as between this and the
ever-present danger of becoming involved
in foreign war without a reasonable or
just cause 1t Is asserted that Congress
Will not hesitate to declare for the law.