The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-06
A DIFFICULT QUESTION.

Recently in receiving the members Of
the American Association Of lnterna-
tional Law at Washington, President
raised a large question. There is no
fixed relation between the power OF
the President with respect to the griev-
ances of aliens domiciled in this coun.
try and the regular channel through
which those complaints must come. All
communications of this character must
be addressed by the consuls, ministers
or ambassadors Of foreign countries
direct to the National Government But
the National Government is not en-
powered 10 make specific reply or take
specific action. The President must
refer the matter 10 the authorities of
the State wherein the grievance is al.
legged 10 have occurred. The connection
between the foreign government and
our own is thus lost. The President
may call upon the Governor of the
State wherein the accusation is To-
Gated, but the President is not pro.
vided with any power to redress the
grievance complained of or to do any.
thing practical about il.
The treaties made by the United
States with foreign powers, under the
Constitution, are as much the supreme
law Of the land as is the Constitution
itself; and yet the National Govern
ment is given no power to enforce
- 81,
in the different States When the
Louisiana mob lvnched a number of
Italians some years ago, the United
States had to plead its impotence, and
10 settle in damages, although the Ma
tlon at large was not in any way to
blame and had no control or jurisdic-
ton. Similarly. when Chinese miners
were mobbed and robbed number
of years ago in Rock Springs, Wyo-
ming, the general government had to
bear the blame, pay the shot. and Wyo-
ming escaped all responsibility.
In all this matter there is a lack
of connection, lack of coherent iuris.
diction, TO which President Taft calls
specific attention, and asks of Congress
that 1T "shall put in the hands of the
executive the means by which We can
perform our Nation s obligations" He
continued:
We should not be obliged TO refer those
who complain of a breach OF those ohli-
cations 10 Governors OF States and county
vndicatine the rights OF aliens which
have been violated on American soil. I
don't thlnk that anyone. however, will
not say oXtremc-but however strong his
view OF the necessity OF the preservation
OF state rights under the Federal Con-
sttutlon, Will deny the power of the Gov
ernment TO defend and protect and pro-
vide procedure for enforcing the rights
that are given 10 aliens under treaties
made by the Government OF the United
States. Therefore IL is no excuse, IL
seems to me. To anyone who is a sup
porter OF the Federal Constitution at all
TO say that he is In favor of a strict
construction OF that. Constitution and the
preservation of state rights in order 10
defend his refusal TO give TO the central
government the means of enforcing Its
own promises, II II has n right TO make
promises, i think II has "a right To fulfill
them or at least ought to have power to
fulhll them. I cannot suppose that the
Federal Constitution was drawn by men
who proposed to put In the hands OF one
set of authorities the power TO promise.
and then withhold from them the means
of fulfilling them.
NOW gentlemen lnat is the thing that
rushes into my mind the minute I see in
ternational lawyers. because il affects the
international responsibility that i am for
the time being having to meet.
At any day this lapse in legislation
may become burning question, and
President Taft does well to call the
attention of the country and of Con-
gress to it, asking for appropriate legis-
laton. The question is a very intricate
| one, solution Of it being Of great diff
iculty, the beginnings of the solution
being exceedingly hard to grasp. And
yet it is a question that must be solved
some time. and the sooner it is solved
the better; because there are nations
that would be impatient and restive in
butting up against stone wall such
as this.
Mem hnrc of our Com nrnorcin1 (-lub