New-York tribune., 1908-03-03
THE PROTECTION OF ALIENS.

In his address to the Brooklyn Bar Associa-
ton last Saturday evening Secretary Taft dwelt
strongly the adviSability of applying one IT
the unused powers of the federal Constitution
This power. though inherent and legitimate.
has never been invoked. and failure To invoke
it has often put the national government 50
confusion and embarrassment. As a nation
with duties and obligations To other nations with
which il has entered into treaty relations, the
United States has often had 10 confess that it
does not guarantee 10 aliens the same rights ard
protection which il asks for its own citizens in
alien Jurisdictions. 1t is an ungraciouS and
unpleasant admission to make that we do not
ourselves live up 10 standards of comfy by
which benefit. and the Secretary of War IS
right in urging Congress To assume the degree
of responsibility for the protection of foreign
citizens and subjects which other nations
StiIne toward American citizens who enter their
territory.
The fedora! government is alone capable Of
making treaties and exchanging guarantees with
foreign powers But by a defect in our domes-
tic policy the national administration has never
asserted the exclusive right to deal with Of
fences against foreigners within our borders.
Il has left to the civil and criminal courts of
the states the execution of the laws TO which
an alien wronged in person or property must
appeal. The stafes are presumed TO act as the
federal governments agents in granting
dress But the federal power cannot control
the action of those preSumptiye agents, and i
they neglect or refuse TO do their duty the
nation has 10 remedy and must confess TO an
aggreved claimant nation that the treaty rights
which its citizens are supposed TO enjoy here
are subject 10 the veto of 4 local power in no
WAY party 10 the original treaty contract.
There have been frequent cases i'll which
aliens have been Iynched maltreated without
adequate redress being afforded by state courts.
In one notable instance the Italian Minister at
Washington was recalled by his government
because the State of Louisiana showed no zeal
in tracking down and Furnishing the persons re-
SponSible for the lynching Of supposed members
of IN Italian criminal society. The federal
government paid an indemnity to Italy, but
powcrless to prosecute the leaders of the New
orleans mob. President Harrison at that time
earnestl? urged Congress to give the federal
courts jurisdiction of all cases Of violation of
treaty rights and. although the need of suc;l
legislation evident. it failed because of the
Discrimination Of Congress to offend supposed
state rights sentiment in the South. for the
South during the Harrison administration was
intensely exercised the prospect of eXten-
sions of the federal power, fearing that the
government might enlarge the federal election
laws to afford a rigid supervision of eIA
tionS for members of Congress and Presidential
electors.
The system of federal election supervision
then in operation has been abandoned and there
is now tendency to limit the functions Of
the states in regulating their own elections.
Opposition 10 the employment of the unused but
undOubted federal power TO enforce treaty
obligations is. therefore, less probable and less
reasonable No real diminutOn CT the rights of
tie states is. in fact, contemplated by legislation
relieving them Of the burden of discharging al
essentially federal duty. They have been com
PEELED TO exercise jurisdiction in cases of injury
10 aliens only through the neglect of the general
government to send such cases definitely to the
federal courts That is where they belong. for
the general government, having contracted
give adequate protection to aliens. ought TO pro-
vide protective machinery under its direct con
troll Having undertaken a trust. ii should exc
cute ii in an effective and responsible way.