The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-15
SERIOUS TROUBLE AHEAD
Warfare May Be Brought
About by Any LaWleSS
Community.
LAWS SHOULD BE AMENDED.
Uncle Sam May Probably Be Pro-
tected at the Expense Of
States Rights.

WASHINGTON, March 14.-The Presi-
dents absence on duck-shooting trip and
Secretary Gresham's illness are causing the
State Department officials much embar-
rassment, for they have at least three big
foreign complications to handle With
two such incidents as those in New Orleans
and Walsenburg, Colo, confronting them,
such affairs as the Rock Springs massacre
of Chinese and the killing of Italians in
New Orleans in the background, depart
ment officials make no secret of their ap-
prehension that the United States is
destined to have serious difficulty in main
tanning its treaty relations with foreign
nations unless Congress comes to the rescue.
AS it stands now, owing to the limita-
tons placed upon the Federal power by
the statute, the Government finds itself
powerless to protect foreign citizens whom
the United States is under solemn treaty
obligation to protect. Under this peculiar
condition the National Government can
only look to the State to extend protection,
and if this is denied or the measure of pro-
lection is inadequate it cannot interfere.
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 demonstrating
with the offending State government.
They can look for redress only 10 the help
less National Government. So it is within
the power of any cratic Governor or weak,
Mayor, or incompetent Chief of Police, in
any city to force an issue that can be
decided only by war, and the fate of the
nation may depend on the conduct 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 Italians in New Orleans, but no
action was taken to carry out the sugges-
ton, probably owing to the fact that the
necessary legislation might be regarded as
an infringement upon the old States rights
theory.
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 obliged to appeal to Con-
gress to pay out of money raised by the
whole people large sums of money for in
demnity for outrages committed by dis
orderly element in small places. Just what
shape the proposed legislation will take
cannot now be Defined but the prevailing
idea will be to make it the business of the
United States courts in all parts of the
country to protect foreigners in the United
States; first, through court deputies, and
if that is not sufficient to protect them
through the troops of the National Gov
eminent, 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 sensibilities
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 reasonable or
just cause, it is asserted that Congress will
not hesitate to declare for the law.