The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-03-24
PROTECTION FOR ALIENS.

II Is reported that the Italian gov
eminent is still in complaining mood
because OF the unsatisfactory nature
Of the Inquiry into the lynching Of five
Italian subjects in Louisiana last
spring. The state department has done
what It could in the matter by making
an Investigation Of its own. but the
local authorities are paramount under
our laws. and as usual in such cases
they are not disposed to act.
The subject was reviewed in the
presidents message. where it was stat
ed that the present was the fourth
tragic incident OF the kind in which
Italy was concerned. After brief re-
cital Of the facts Mr. Mckinley went
on to say:
The recurrence Of these distressing
manifestations Of blind mob fury d.
rected at dependents or natives Of q
foreign country suggests that the con-
tingency has arisen for action by con-
grcss In the direction Of comforting
upon the federal courts jurisdiction in
this class Of international cases where
the ultimate responsibility Of the fed
eral government may be involved.
Furthermore. in support Of his posi-
tion, the president quoted from the an
nual message of President Harrison OF
December 3. 1891. as follows:
/. would, I believe. be entirely COM
petent for congress to make offenses
against the treaty rights of foreigners
in the United States cognizable in the
federal courts. This has never been
done. and the federal officers and courts
have no power In such cases to inter-
vene either for the protection Of for
eign citizen or the punishment of his
slayers. 1t 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 suits
growing out OF such incidents, be re-
garded in such sense as federal agents
as to make this government answer
able for their acts in cases where it
would be answerable IL the United
States had used its constitutional pow
er to define and punish crimes against
treaty rights.
Later, in 1892, bill was introduced
in congress in accordance with the sug-
gestions of this message. but it was
never acted upon. The president now
strengthens the argument by saying
that precedent Tor constituting fed
eral jurisdiction in criminal cases is
nationally deducible from the existing
statute. which gives TO the dietrict and
circuit courts OF the United States jur-
isdiction of civil suits brought by aliens
where the amount involved exceeds
certain sum. Why not. he asks, ex-
tend this same jealous solicitude for
alien rights TO the far more important
subject Of the personal security of the
alien?
If the legal power exists, and the ex-
tracts we have given presuppose that
it does, we can certainly suggest no
defense of our incongruous laws either
on the score of justice or self-interest.
The federal government does what it
can by offering a pecuniary indemnity,
but this is simply evidence of its own
good will and is the atonement volun-
tarily made by a blameless party for
the negligence and wrongs of the re-
sponsible authorities. The crimes are
forever unpublished, while the remem-
brance remains to impede efforts TO
secure the rights of Americans abroad.
Congress should bestir itself to pre-
vent further occurrences of the sort.