The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-14
CHANGE IN LAWS NEEDED.
Why Uncle Sam Cannot Afford Prompt
Protection tO Foreigners. :.


WASHINGTON, March 13-With two
such incidents as those of New Orleans
and Welsenburg, Col facing them, and such
affairs as the Rock Creek Springs massacre
of Chinese and the killing of the Italians
in New Orleans in the background the State
Department. officials make no secret of their
apprehension that the United States is des-
tined to have serious difficulty in maintain
ing its treaty relations with foreign ma
tions unless Congress comes to the rescue
AS it stands now, owing to the limitations
placed ON the exercise of the federal power
by statute, the government finds itself pow
erless to protect foreign citizens
whom the United States is un-
der solemn treaty obligations to
protect. Under our peculiar conditions the
national government can only look TO the
State to extend protection, and il this is
denied or the measure Of protection is mad
equate it cannot interfere Meanwhile the
State itself is wholly free from any respoI-
sibility to the foreign powers with which
the United States has entered into treaty
relations, and the powers are prohibited
from even demonstrating with the Offend
ing State government; they can look for
redress only to the helpless national gov
ernment. So it is within the power of any
erratic 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 conduct OF such offi-
cials.
This matter was brought to the attention
of Congress by President Harrison ut 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 s,ic-
sestion probably owing to the fact thar
the necessary legislation might be regarded
an infringement on the old States rights
theory. 1t is very probable, however that
President 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 obliged to appeal to Congress to pay
out of the money raised by the whole paopIe
large sums for indemnity for outrapes COM
mitted by disordery element in one small
place. Just what shape the proposed legis-
1aton will take cannot be now defined but
the prevailing idea VIII be to make II fbe
business of the United States courts in all
parts of the country to protect foreigners
in the United States, first through the court
deputies, and. il that is not sufficient then
through the troops of the national govern
ment, and to do this without DELAY in all
cases This would require an amendment
of the posse commitatus law passed with
the express purpose 10 prevent the use of
troops at elections, but proven to be OF
much wider scope than was intended and
strict constructionists of the States rights
theory but. between this and the eyer
present danger of becoming involved in a
foreign war without a reasonable or just
cause, it is believed that Congress will not
hesitate to declare for the law.