Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-01
Question a Vital One.

He said it was understood. however, by
the public generally that California
claims the right to legislate in respect
to land held by aliens, Notwithstanding
any treaty provisions with the federal
government. He asserted that the Ques-
ton thus raised is one Of vital impor-
lance to our nation, in its relation to
foreign governments.
He commended that 1t Is not to be pre-
sumed that the people of the United
States intended to confer upon the fed
eral government less power than had
been exercised by other nations since the
dawn of civilization.
He pointed out that few individual
states in considerations have retained the
treaty-making power. and of these the
Greek republics persisted and other con-
declarations have changed their forms Of
government. SO that the treaty-making
power is now vested in the nation.
IF it be true that the federal govern
ment may not make a treaty upon any
the governmental control of the state. :"
he said, a principal part of the treaty
making power, as 1t has been exercised
for more than rs years, is swept away.
for the central government has exercised
this power, and it is absolutely necessary
that it should do so in order to protect
foreign citizens in their rights and to de-
mand and receive for our citizens the
same rights in foreign countries. We
cannot expect that American citizens will
be respected and receive the protection
to which they are entitled under the prin-
ciples OF International law and the Gus
tom Of nations IL we declare that our gov
eminent Is SO impotent that 1t cannot give
same protection.
Aim of the Fathers.
1T was in the light Of history and with
the full knowledge of the condition Of the
treaty-making power and Of the violation
of treaties by the states that the Consti-
tuition was adopted by the convention Of
every state after the widest discussion and
deliberate consideration. While preserv-
ing the widest field consistent with liberty
In the individual, 1t was an attempt to
confer upon the central government SUI
ncient power to stand among the nations
Of the earth"
He asserted that the Supreme Court
OF the United States fully realizing its
grave responsibility, has established
beyond peradventure the supremacy Of
the treaties over the laws Of the states,
and has enforced the rights Of foreign
citizens in the face of popular pre1u-
dice
Mr.. Kellogg commented, however,
upon the uniform refusal Of Congress
to provide legislation to punish VIOLA
Presidents Harrison. Mckinley, Roose-
welt and Taft each urged upon Con-
gress the passage OF q statute con-
ferring on the federal courts iurisdic-
ton to punish violations Of federal
treaties by citizens Of the various
gress has not acted. He said:
Nations Honor Pledged.
But the faith and honor Of the ma
ton are pledged to their enforcement.
and 1T Is as much the duty Of Con-
gress to enact legislation to carry into
effect these provisions Of our treaties
as 1t is to appropriate money and enact
other legislation which Congress has
always done to carry out the provisions
of our International agreements. The
result has been that the only recourse
foreign nations have had has been to
demand indemnity for such injuries,
which this government has always
recognized and paid. No nation claim :
ing the high prerogative Of the treaty
making power has a right to shield IT.
self behind the claim that one OF the
constituent states Of the union has
violated tho treaty. and that the CEN
trail government has no authority to
redress the grievance"
He stated that We resented a similar
position taken by Brazil in 1875, and
he insisted that the question OF the adj
mission Of alien races is a national
question; that the federal government
alone has the power to exclude them
from the states, and il admitted to de-
eide on what terms and conditions this
should be done. He considered that the
argument is merely academic that IL
there are no implied limitations to the
treaty-making power It might be used
to dismenber the Union, abolish The
structure Of government, or convey