The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-19
TREATIES AND THE FEDERAL AU-
THORITY,

TREATIES AND THE FEDERAL AU-
THORITY.
In joining In the very general Discus
sion throughout the country-originating
In the Tallulah lynchings-with references
to the Federal governments embarfass-
ment and liability when foreign citizens
Atlanta Journal thinks 1t probable that
congress at Its next session will pass some
law relative to the matter and mentions
two proposed measures. either OF which
may be adopted.
One OF these measures would provide
that when foreigners are lynched the Fed
eral courts shall have authority to try
the lynchers. The other proposes that
where damages have to be paid to foreign
governments for the lynching Of their sub
jects in the United States. the amount
shall be paid by the State or county in
which the lynching occurred. The Journal
thinks the latter plan preferable and re-
marks in justification for its belief:
The States regard with Just jealousy any In
fringement OF the Federal courts In their
own dominion. and 1t is doubtful whether
Jurisdiction in cases OF lynchings In State.
whoever might be the victims.
There is much, however, to be said In be-
half of the plan to collect the damages
from the State or county. says the Journal.
II State or county, 1t argues. does not
protect foreigners from mob violence it
should bear the penalty for such lawless-
ness instead of imposing 1t upon the whole
country.
This may be the more just plan, but can
the Atlanta Journal point out where 1t
would be any more constitutional than
the other? An offense against foreign
subject in this country under treaty is an
offense, not by a State or county, but by
the Nation. wherever or however commit
ted. Subdivisions Of nations are not known
officially to powers making treaty. The
faith and power OF the whole country are
pledged under the treaty, and the re-
sponsble authority ought to have jurisdic-
ton to enforce upon it's own people the OBJ
servance OF treaty obligations. AS long
as the Federal government by and with the
consent of the senate-which represents
the States-is given the treaty making au-
thority 1t is one OF the anomalies OF gov
eminent. and perhaps the only one of the
kind. not to give the National machinery
full Jurisdiction of all offenses under or
violations of the treaty.
AS matter OF fact that has never been
done In this country, and our State de-
partment has more than once been embar-
raised by this omission. The Federal
courts can not try the Louisiana lynchers
nor can fines be imposed upon the State
or county. One of these methods would be
no more unconstitutional than the other
one would not be easier OF adoption than
the other. The States would regard witt
just as much jealousy the power in the
Federal courts to mulct State or county
In big bill OF damages as to try the
lynchers, or individual murderers of for
eign subjects.
The surcst way out OF the difficulty
would be an amendment to the Fedora
constitution giving the general government
full jurisdiction OF all offenses under trea.
ties. There would be no Capitalization II
| that; It, would only be In accord with tn,
| theory and purpose OF our Federal Judi
eiary. Under such an amendment law
could then be passed embodying the MAR
| features of both the measures proposed
/ 1t Is Just possible. however, that If con.
gress should act without constitutions
amendment. the supreme court might sus
. tutn tie ri cf,,Ia hat
when the constitution confers a power q
confers also by implication the necessar,
authority to carry that power into cffec
in all Its features.
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