Omaha daily bee., 1899-12-06

the treaty rights OF foreigners domiciled in
the United States cognizable in the federal
courts. This has not, however, been done.
and the federal officers and courts have no
power In such cases to intervene. either for
the protection Of foreign citizen or for
the punishment OF his slayers. It seems to
me to follow. in this state Of the law. that
the officers Of the state charged with police
and judicial powers in such cases must, in
the consideration OF international ques
tions growing out Of such incidents be re-
garded in such sense as federal agents as
to make this government answerable for
their acts in cases where 1t would be
answerable IL the United States had used its
constitutional power to define and punish
crimes against treaty rights"
A bill to provide for the punishment Of
violations OF treaty rights Of aliens was in
troduced in the senate March l. 1892, and
reported favorably March 30. Having doubt
less in view the language of that part Of
article iii of the treaty Of February 26, 1871,
between the United States and Italy, which
stipulates that "the citizens OF each of the
high contracting parties shall receive, in
the states and territories OF the other, most
constant protection and security for their
persons and property, and shall enjoy in
this respect tie same rights and privileges
as are or shall be granted to the natives,
on their submitting themselves to the con-
dltions imposed upon the natives" The bill
so introduced and reported provided that
any act committed in any state or terri
tory of the United States In violation of the
rights of citizen or subject OF a foreign
country, secured to such citizen or subject
by treaty between the United States and
such foreign country and constituting
Nrf ,IAr H. l.. n.
tory, shall constitute like crime against
the United States and be cognizable in the
federal courts. No action was taken by con-
gress in the matter.
Necessity for Action.
earnestly recommend that the subject be
taken up anew and acted upon during the
present session. The necessity for some
such provision abundantly appears. Prece-
dent for constituting a federal jurisdiction
In criminal cases where aliens are sufferers
is nationally deducible from the existing
statute, which gives to the district and cir
cult courts of the United States jurisdiction
OF civil suits brought by aliens where the
amount involved exceeds a certain sum. II
such Jealous solicitude be shown for alien
rights in cases of merely civil and pecuniary
import how much greater should be the pub
lie duty to take cognizance OF matters af-
fecting the life and the rights of aliens
under the settled principles of international
law, no less than under treaty stipulation,
in cases Of such transcendant wrongdoing
as mob murder, especially when experience
has shown that local justice too often helps
rather than Furnishes the offenders?
After many years of endeavor on the part
OF this government to that end the Italian
government has consented to enter into ne
gotiations for a naturalization convention,
having for one of its objects the regulation
of the status OF Italians Except those of an
age for active military service) who, hav-
ing been naturalized in the United States,
may revisit Italy. 1t is hoped that with
the mutually conciliatory spirit displayed a
successful conclusion will be reached.