New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-01
THE PROTECTION OF CITIZENS.

In the treatment Of persons accused of crime
two general principles prevail In this country
and in Great Britain they are regarded as limo.
cent until proved TO be guilty: the onus of proof
resting upon the prosecution. In some other
countries the reverse is practised; accused per-
sons are assumed to be guilty unless they can
prove their innocence, and the Onus thus rests
upon the defence. To the Ango-SaXon mind
the latter system is repugnant and it is incon
cevable that it should ever be adopted here
Similarly, there are two methods of dealing with
those who claim the privileges and protection
Of citizenship The British and-at least hither
to-the American plan has been to assume every
man TO be citizen and entitled to such protec
ton who presents as ground for his claim regu
lar documentary evidence of citizenship. The
onus Of disproving his citizenship, or Of proving
his naturalization to have been fraudulent. rests
with others. Until such proof is forthcoming
his case should be held valid and secure.
1t is conceivable that a Government might
adopt the contrary system. 1t might deem every
man an alien until he proves himself citizen
1t might assume all the naturalization papers
1t issues to be issued fraudulently until the hold
ers prove the contrary. Instead Of protecting its
citizens it might devote its energies to seeking
assiduOusly for preteXts for neglecting and aban
doning them. and for repudiating its own letters
patent. That is conceivable But such a gov
eminent would present sorry figure 1t would
incur the dstrust and disaffecton Of its own
citizens, and the well-merited contempt Of all
the world. Not hitherto. at any rate. has the
United States Government played so mean a
part 1t is not on record that Captain Ingraham
sent home 10 see if the State Department could
not find an So indicted or "t' uncrossed in
Michael Koszta's naturalization papers and
therefore declare them invalid before he cleared
decks for action and prepared to begin war, if
need be. to protect that refugee.
The case of Julio Sanguily is in point. Upon
being seized by the Spanish he claimed the pro-
lection due to an American citizen. Perhaps his
citizenship rights had been improperly or fraud
ulently obtained. If so, that fact had yet to be
proved, and the United States Government was
not the party that should undertake to prove It,
On its face his standing was regular and valid
and entitled him to the protection Of the Gov
eminent. 1t Is easy enough for slangwhangng
sheets to rail at those who plead his cause as
"blatherskltes, and to say his naturalization
was "a sham and pretence,' but abuse is not
proOf-except in a retroactive sense. SO far as
any convincing evidence to the contrary went.
Sanguily was as truly entitled to protection as
was Richard Olney or Grover Cleveland.
The Government should, of course take pains
to assure itself of the actual standing Of those
who claim the privileges of citizenship. But it
should certainly accept in good faith prma
facie evidence its own formal and solemn writs
And its first impulse should be to stand by its
citizens whenever they get into trouble abroad
rather than to repudiate and abandon them. The
British rule of the last haf-century Is worth
considering 1t is to stand by Britons in trouble
abroad, without waiting TO inquire whether they
are right or wrong Time enough to settle
"that afterwdrd. We have got to start on the
hypothesis that an Englishman Is necessarily
"in the right, and that his cause is deserving of
"our championship" Those words are quoted
from Lord PalmerstoD by "Ey-Attache' in the
interesting article on this subject printed in yes
terday's paper.
Our accomplished contributor added that, while
"Od PANS doctrine was all right so far as
patriotism was concerned, it was probably
wrong from the point of view Of equity and
Justice" Not everybody will be altogether sure
Of that A Government should not, Of course,
protect and encourage one Of its citizens in
wrongdoing. But when one of them is accused
of wrongdong by an alien Power, 1t should be
his champion until his guilt is proved. and not
his prosecutor. 1t should require for him just
trial. and should require II need be with all its
militant strength, that he be not condemned and
punished before he is legally and Justly con-
vlcted. 1t should not permit him to be killed
first and tried afterward, as DR.. Ruiz was and
as Julio Sanguily narrowly escaped being "Old
PANS heroic doctrine. as ''Ex.Attache' well
snye Uaya Grpat Rritaip inpalfmla hla nrpctipa