New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-09-11

Dispatches from MaZatlan, Mexico, report that
three Mexicans charged with numbering two
American citizens for whose punishment the
American Consul has been making strenuous
efforts, have been turned over to the State au-
:horities. and it is not believed that any as;e-
quate penalty will be imposed. The friends of
the murdered men are naturally dissatisfied
and are inclined TO comment sarcastically on the
E'ways of justice in Mexico"
Such incidents should help us TO understand
the feeling of foreigners with regard TO our
own way as a nation OF denying justice TO them.
Like the Mexicans, We have States and in
them juries which frequently refuse to punish
criminals IL our own citizens wish to give
immunity TO crime against themselves. that is
their affair, but the foreign resident feels that
he Is entitled to protection. Ii does not satisfy
Italians. when some Of their fellow countrymen
have been murdered by mob In New-Orleans
20 tell them that the case is In the hands OF
Louisiana authorities, who haven't the slightest
desire 10 punish the murderers The English
Tancher mine owner who is driven away
from his property in Colorado because the
neighbors want TO run over ii laWlessly will
get no redress in the local courts any more
than will the American who has been wrOnged
in some out Of the way corner Of Mexico where
snti-foreign prejudice is strong. The only way
10 fulfil our international obligations to protect
SIS responsibility, undertake to do justice in
cases involving the treaty rights of foreigners.
snd cease pleading inability To control legal
processes in the States.
The way 10 do this is provided by the ConstI-
tuition, and no need tremble lest the innoya-
fion be another step of "lawIessness" and "des-
potism." The jurisdiction Of the United States
ssurts may constitutiOnally extend 10 all ca ses
invo!ying treaties. Congress, however, has
never legslated SO that this Jurisdiction is exer-
cised for the trial Of criminal offences against
foreigners, and this field has been left TO the
State courts. II our State courts were strict
and the American people were really a law
respecting snd enforcing people, the rights of
foreigners would be well enough safeguarded;
but popular sentiment in this country does not
Secure adequate enforcement of law where that
enforcement is dependent on local courts and
sUries The foreign government which can
have no relations with local authorities natural
~ expects The national power, with which alone
r. has TO deal. 10 be equal 10 carrying out its
promises and securing their treaty rights to
foreigners by Furnishing lawless persons who
wrong them. We ourselves take exactly that
position toward other nations where the adj
ininisfration Of criminal justice is uncertain.
Every tine ouz State Department is compelled
to plead impotence TO some nation demanding
PREPARATION for wrongs TO its, citizens the coun-
try is placed in delicate position which might
some time be dangerous a few years ago re-
laEcns with Italy were severely strained by
such an incident. Several Presidents. Including
Mr.. Harrison and Mr. Cleveland nave urged
on Congress the wisdom of comforting on the
United States courts the fun authority which
the Constitution contemplated and making the
pations power 10 secure justice TO foreigners
kquei 70 rs responsibility. This is one OF the