The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-03

that crime is a local matter, to be met by
local remedies; hence it leaves to local au-
thority many functions which ought to be
discharged by the government itself.
Charles Sumner raised the question in a
brillian. article, Are We a Nation The
civil answered it. 1t settled the ques-
ton of our political unity and solidihed our
national structure But the question, Are
You a Nation?" may be asked with evil
dent justice by certain foreign powers. We
have rapidly developed IN the last thirty
years a sense Of nationality, bet II has not
been embodied in our criminal coda We
have got so far in our sense of unity and
cohesiveness that it is entirely proper,
without any regard to the effect the ear,
to say ''the United States is and "the
United States has" but we have not ad-
vanced so far in the development of the
national consciousness that we can punish
the most flagrant offenses against the sub
jeets Of foreign powers committed by the
citizens of the United States.
A STRIKING ILLUSTRATION.
OF the numerous illustrations of our fail
ure in this respect, L recall most wildly
the killing Of the Italians in New Orleans
in 1891 in the Jail of that city. because 1
happened to visit the Jail and see these
men two days before an armed mob. after
their acquittal by the jury, entered the Jail
and murdered them. This being an offense
committed in the State of Louisiana was
punishable by the courts Of that State and
not by those of the United States Our
government could and did pay an indem-
nifty to the families of the victims, but it
not
matter of fact, they were never brought
to justice by the State of Louisiana. Sub
sequently, when in Italy, it was evident in
discussion with Italian penologists that
this feature of our government which re-
CARDS crimes as purely local matter and
fails to punish them under federal statute,
created the impression of a serious defect
in our national code or in the distribution
Of authority. This defect has been recog-
nized by American jurists, and has been
the subject of paper of great ability by
Hon. Simeon +. Baldwin, of New Haven,
Conn. We are placed in the position of en-
tering into treaties with nations, stipulat-
ing for the protection of American citizens
by foreign powers. while our government
cannot extend any such protection or fur
nish redress for offenses committed against
citizens of other nations. Such aggrieved
persons may be excused if they complain
that the United States can hardly be a
nation when it fails in one of the attributes
of sovereignty and commits TO local gov
eminent the fuldllment of international OBJ
legations.
This defect of committing to local au-
thority duties which should be fulfilled and
can only be fulfilled properly by the United
States, is seen in many other directions
that affect ourselves much more than they
do foreign nations. The difficulty is not
with constitutional limitations. but lies in
the fact that our national code belongs TO
the age OF flint-lock muskets whale-oil
lamps and the old fashion stage coach 1t
was. in fact framed in 1S25. and though "A
great Improvement over the original crimes
act OF 1920, IL did not represent at that time
the best work OF its kind. It's deficiencies
We're manifest 10 Judge Story and were de-
plored by that eminent jurist. Since that
time the criminal laws OF the States.