The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-16
AN OLD COMPLICATION.

It does seem somewhat anomalous that
our Government, by treaty with foreign
powers, binds itself to protect their sub
jects living among US, and yet cannot in
terfeTe with the power of the States in deal
ing with attractions of their laws. 1t is an
old problem and has been revived by the
recent demand of Italy that the assassina-
ton of her subjects in Colorado be stopped
by Federal authority. 1t seems impossible
for foreign powers to understand that the
Federal Government is principally ma
chine created by the States for the purpose
of protection and of harmoniZing their in.
terests. 1t is true that the power thus
delegated to it is enormous, but none the
less restricted to specific functions. In the
exercise of the power with which it is in
vested the Federal Government may over
ride and even suspend the authority ofany
State, but it has not been armed with the
power to interfere in the enforcement of
any States laws.
The theory upon which the Government
may pledge itself by treaty to protect
aliens is that it does SO on the implied
pledge OF each State to enforce its own
laws, none of which are permitted to be in
conflict with treaty stipulations. 1t is only
when State clearly exhibits lack of
power TO enforce its laws that the Govern
ment may come to its rescue, and then
only to re-establish the State authority
In this procedure there is no distinction
affecting the safety of aliens. If it were
not that the question OF compensatory
damages is generally inseparable from that
of violation of State laws in the perpetra-
+Inn Of on a1jonC OT I1o
Government would be clear and easily
followed. That is where the real anomaly
exists. In the case of the assassination of
Italians at New Orleans few years ago,
the Government, though lacking the power
to punish the assassins, paid the damages
demanded by Italy. Other instances OF
this kind have occurred. Manifestly there
exists here an incongruity. If the States
reserve the privilege of enforcing their
own laws, they should bear all the burdens
which belong to that privilege
1t is difficult to see how the Federal
Government could assume the protection
OF aliens. OF course, Congress might by
statute assume jurisdiction and employ
the Federal courts distributed throughout
the United States to exercise it. The diff
fculty in that arrangement would be that
as the worst Outrages against foreigners
are of riotous character, sudden in in
ception and overwhelming in character,
the machinery of the widely scattered
Federal courts, far weaker than the local
constabulary, would be wholly inefficient.
To increase the number and strength of
these courts, or to enlarge the standing
army to serve as a patrol, is utterly out of
the question. Instances in which the
State authority has proven inadequate in
the end have been too rare to be consid-
cred in this connection. Every State has
a well-drilled and highly efficient National
Guard, which is able to suppress any riot
that has gone beyond the control of the
local authorities. 1t is only when National
concerns are threatened-as in the case of
the stoppage of the mails during the great
railroad strike of last summer-that the
Government interposes its power.
The strength of the law and the popular
love of order and justice are great deal
stronger in the United States than our
friends over seas seem willing to believe.
For the matter of that we are ready to
compare records with them on this sub
ject. 1t happens that American laborers
are never involved in these European riots
and hence that we never have occasion to
demand reprisals on their account. On
the other hand, large proportion of la
borers in America are foreigners. The
antsgonism of American laborers toward
them is often provoked by the foreigners
themselves in many ways not related to
the mere matter of competition. This is
a lesson that every foreign power should
learn.