Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-07
RIGHTS OF STATES
They Fall Before the Terms of a
Treaty.
CONTENTION BY JAPAN
It Can Have No Dealings With Cali
fornia.
NATIONAL OBLIGATIONS FIRST
Views of Prof. VIM. T. Trickett, an
Acknowledged Authority on
International Law.

In view of the serious consequences in
volved in the action of the California au-
thorities in discriminating against the jap
anese in the matter of school privileges, in
alleged contravention Of the provisions of
the treaty between the United States and
Japan. the officials of the administration
are awaiting with great interest the result
OF the investigation at San Francisco by
Secretary Metcalf. as the Presidents per-
sonal representative. as well as the result
of the legal proceedings instituted at San
francisco by the Japanese with the APP
prevail and cooperation of federal officers.
Prof. William T. Trickett of Dickinson
College, who is well known as an authority
on international law has expressed views
on the subject which are of Importance for
the reason that they are believed to be in
line with the views of President Roose-
welt and Secretary Root. Prof. Trickett's
statement is as follows. in part:
Claim in Alabama Case.
I'm the controversy over the Alabama
depredations the English government al
legged that 1t was authorized by no law to
arrest the cruisers before they ESCAPED.
The American reply was that no country
can plead an incompetency to discharge its
constitution or municipal law II the Jan.
anese are entitled to school privileges their
governmnt will hardly be satisfied with the
plea that under our Constitution the fed
eraI government cannot secure them
Japan can have no dealings with Cali
forn1a Performance of the states duties.
Just as the performance Of Japans duties
toward 1t. Is to be secured by the United
to be that the United States cannot pre-.
vent the violation of her subjects rights
by California?
Il suppose that state attaches no more
importance to any of Its powers than to
that Of regulating the ownership Of lands
within 1t and the transmission Of them by
grant, devise or inheritance. Yet the Su-
preme Court of the United States has held
that aliens can. despite that law, be ca
pacitated by treaty to inherit land in q
state. If this can be DONE what sphere
OF state power cannot be invaded In be-
haif OF foreigners by the treaty power?
Mr.. Morgan's Contention.
Senator Morgan Is credited with the
statement that the United States could not
make peace after war on such terms as
would involve the cession Of state to a
foreign power without that states consent.
Where did he find that limitation? Not in
the Constitution as it was written in 1887.
He found 1t in his own cogitations. The
United States may declare war without the
consent of q state. 1t-may, generally. make
peace without its consent. The Union now
looks unconquerable, but time has strange
events in its womb. The gigantic revoiu-
ton of 1851 was not foreseen by many.
Suppose the confederate states had been
successful and that, debating the terms of
peace, they had insisted on treaty relin-
gushing to them one of the states Of the
Pacific. Will any sane thinker say that
the war could not have been concluded
on those terms and that the United States
must fight forever to retain the state, de-
The Union can part with a state without
its consent. All that is necessary to puff
away the doctrinaire statement Of the sena-
tor is the arrival of the exigency.
Rights Of the Nation.
Nothing makes plausible the contention
that in making treaties the United States
cannot guarantee to foreigners in return
for similar guarantees from their govern
ments, the privileges of the citizens of
the states in which they settle. The treaty
power would be very lame affair indeed
II it does not embrace the power to check
unfriendly local or state action in return
for rights secured to Americans in foreign
parts. To hamper the treaty power by
state rights would be as absurd as to ham,
per the interstate and international COM
merce power of such rights. Perhaps the
United States cannot do everything by
treaty, but that they cannot by treaty make
all regulations of International matters
that to them seem right without begging
the consent of the states would be cause
of establishment and humiliation. When the
Union entered as nation into the family of
nations 1t entered with all the powers that
civilized states have to make compactS and
treaties and to perform them when made"