Austria was told that the courts were | lynching took place with the connivance open ; the offending draymen might be of the public authorities, or through any indicted; Haynau might bring a civil ac- deficiency in prompt action on their part. tion for damages. Further than this it in his last despatch, Mr. Blaine admits was beyond the power of the queen to that any neglect attributable to these auhelp him. No doubt if an outrage on for thorities might properly form a ground for eigners were of an atrocious nature, and asking Congress to vote a compensatory if juries refused to convict in the teeth sum to the relatives of the slain men. In of evidence, aod, still more, if similar the absence of such neglect, there is not outrages became frequent and went un- by English law, nor, I think, by the mupunished, the nation to which those for- nicipal law of any American State, a claim eigners belonged might properly insist that against the State for outrages committed some better security might be provided by rioters. for its subjects than the law and courts So much for the case considered on the actually gave, and might treat the refusal assumption that the national government as an offence justifying retaliation or war. has complete control of the matter. Now, Something like this has seemed not un- let us see how far the case is affected by likely to happen as regards the Chinese the fact that the powers of the national in those parts of America where they government are limited. abound, and where they are frequently ill- The Constitution of the United States used by the populace. A European gov- leaves with the States of the Union the ernment would have resented such ill right to make and the right to administer usage more warmly than China has done. the ordinary civil and criminal laws. The The question what amount of palpable and preservation of order, the trial and pun. recurring denial of justice would justify ishment of crime belong to each State strong retaliative measures is one of de within its territorial limits, except so far gree, and does not seem to have recently as special departments of legislation or arisen between civilized nations. But judicature may have been transferred to evidently a government would be bound Congress or to the Federal courts. The to show its bona fides by endeavoring to presumption being in favor of the State, improve its law and administration, should a right of Federal interference can be they prove insufficient for the protection established only by showing a positive of foreigners, or else must submit to be grant of power. Can any such grant be relegated to the category of semi-civilized shown in the present case ? There is communities.

nothing in the Constitution withdrawing Italy might also demand compensation aliens from the operation of the ordinary for the families of her lynched subjects. State laws or extending to them an ex(Both of them, it seems, were fugitives ceptional jurisdiction of Federal courts from Italian justice.) Primarily, the rem- and application of Federal statutes. The edy would be by an action for damages only provisions which seem in point * are against the lynchers (if the local law gives that by which treaties duly made are desuch an action to the representatives of clared to be “the supreme law of the the slain); * but if this were unavailable, land (Art. VI., sec. 1), and that which or if the jury refused to award damages extends the power of the Federal judicathough the case was proved, the request ture to “cases arising under treaties made might be preferred to the government of under the authority of the United States.” the United States. The obligation of the (Art. Ill., sec. 2.) It may, perhaps, be government would, of course, be much argued that where rights have (as in this more definite if it could be shown that the instance) been secured to certain aliens by

treaty, the murder of those aliens is a • It seems that in Louisiana the relatives have such breach of the treaty, and such breach, therefore, a case falling under the juris. , existing law it seems to have no more diction of the Federal courts. To discuss power to prosecute in Louisiana than it this contention would lead us into a tech-has in Canada. Supposing, however, that nical argument unsuited to these pages. Congress can pass a statute bringing future So far as I have been able to gather, cases of violence done to aliens under American lawyers do not think that Art. Federal jurisdiction, the powers of the III., sec. 2, applies, though some of them Federal government will still remain very hold that it ght have been made to apply linited. It will be unable to strengthen had Congress legislated upon the subject, the police force and instruct it to be spe. as it legislated after the famous case of cially watchful in protecting aliens, for Macleod fifty years ago. It would, how. there is no Federal police in Louisiana. ever, appear that the point is not quite It will remain unable to change the venue clear, for President Harrison has referred (as we could in England) from Louisiana it to his legal advisers, who have not yet to some other part of the Union in which delivered their reply. Be this as it may, I popular feeling against any particular apprehend that a treaty might be so class of aliens may be less vehement, framed as expressly to cover cases of this because under the Federal Constitution nature and that a statute might be passed (Amendment VI.)"in all criminal proseto carry out the treaty and provide for the curions the accused shall enjoy the right trial by the Federal courts of offences to a speedy and public trial by an impar. committed against it. There is nothing tial jury of the State and district wherein in the Constitution of the United States to the crime shall have been committed." It prevent cases of this kind from being will be unable to alter the usual method of brought by treaty within the purview of criminal procedure, because by another Federal power. Still less is there any constitutional provision (Amendment V.) thing in the nature of a Federal system to “no person shall be held to answer for a leave aliens to the tender mercies of the capital or otherwise infamous crime unless component States. The Swiss Federal on a presentment or indictment of a grand Constitution, for instance, seems expressly jury.” The American government will, to provide for their protection by the cen- therefore, be forced to admit that the oblitral authority, allowing the Federal As: gation of protecting the persons of resident sembly to legislate regarding them, and aliens is one which cannot be discharged giving the Federal courts jurisdiction over as efficiently in America as the Italian offences in breach of international law. government can discharge it in Italy, be. (Arts. 85, 112, 113.)

Whether an action lies also against the parish, which in Louisiana corresponds to the county in other States, I do not know.

* The provisions of Amendment XIV, do not seem tage of being able to bring an action in a Federal court to be in point, for the State of Louisiana has done

nothing against Italians.

an action.

Aliens have the advan

if they choose to do so.

cause the internal structure of their polity Assuming for the moment that the pres has denied to the executive legislature ent case (owing either to the wording of and judiciary, the requisite legal powers. the treaty or to the want of legislation to The Americans may indeed say, falling carry it out) cannot be brought within back upon the argument suggested by the Federal jurisdiction as being a violation words of the Treaty of 1871 : “ All that we of a treaty, we may cow ask, What is the have by this treaty promised to give 10 position of the United States government | Italians is the same enjoyment of rights in face of the claim of Italy for redress? and the same personal protection as our That government can of itself do nothing own native citizens receive. Natives of to give satisfaction by way of punishment Pennsylvania lynched in Louisiana would of the offenders. This belongs to the be no better off than subjects of Italy. State of Louisiana. The State authorities Italians coming to Louisiana must be cannot be compelled to present a bill 10 taken to do so with the knowledge that the grand jury. If they do the grand jury their position will not and cannot be better may throw out the bill.* Even if a true than that of Pennsylvanians. And the bill is found, the strong probability is Italian government itself must, in making that a petty jury will acquit the persons the Treaty of 1871, be held to have bad charged. in whichever of these ihree notice, in the very form of words used, ways the denial of punishment arises, the that this was all which the stipulations of Federal government is helpless. It can- that treaty secured them. It is matter of not offer even such redress as England common notoriety that our polity is regu. offered in the Haynau case by undertak-lated by a consiitution which limits the ing to secure a prosecution. Under the powers of the national government and in

particular leaves the administration of A bill has, in fact, been presented to the grand criminal justice to the States. Our conjury, and is (at the date of this writing) under consideration by that body. The general opinion is that it will

tract with you is subject to the qualifica. tions which your knowledge implies."

be thrown out,

To this argument Italy may reply: dignity of a great nation. But this diffi• The internal polity of a nation is matier culty no doubt pressed heavily upon it. for itself, but not for the other nations We may now sum up the conclusions to which contract with it; and the powers which the foregoing discussion has led us. which its own municipal law gives to a They are these : governmeot are in no wise the measure of 1. A foreign government is prima facie its international obligations. Nothing can entitled to redress for injuries lawlessly cut down these obligations except express inflicted op its subjects, even if no treaty provisions. Moreover, since your consti- grants this right, and a fortiori if a treaty tution makes treaties part of the supreme does in fact secure it. law of the land, we Italians were entitled 2. This redress may be civil by way of to assume that your Congress would pass pecuniary compensation, or criminal by all such legislation as would give the the punishment of the offenders. fullest possible efficiency to the stipula. 3. The civil form of redress presents no tions of the Treaty of 1871. If your na- great difficulty: Primarily it may be had tional government has omitted to do so, it by way of civil action against the wrong. must bear the consequences."

doers; but if that is refused, or proves The latter part of the supposed Italian insufficient, the government, in this inanswer seems to be sound; but as to the stance Congress, may grant compensation, former it must be remarked that free gov- and to any extent it pleases. * ernments, such as that of Italy, must be 4. The criminal form is more important, presumed to know that in a free country because it affords better security for the the executive, though it usually possesses protection of alien residents in future. the power to institute judicial process, has Redress in this form, i.e., punishment, can no right to interfere with the results of be given, not by the executive or legislathat process, and may be unable to change ture, but only bý prosecution to conviction the established system of procedure. The of the offenders under the ordinary law. United States are, therefore, on stronger 5. If punishment fails to be awarded, ground when they assert that they cannot the defects of judicial procedure, or the overset the finding of a jury than when perverseness of those who administer it they allege that they are unable to set a locally, will be no answer to the complaints jury in motion.

of a foreign government, and if the denial This is by no means the first time that of justice is palpable, and the case serious, the constitutional restrictions imposed a foreign government will be entitled to upon

the Federal government have treat such denial as a grave breach of in. brought it into difficulties with foreign ternational rights, possibly even as a casus powers. In the Macleod case serious belli. trouble might not have arisen with En- 6. This complication may arise in any gland had not a British subject whom the country where the executive cannot interNew York courts were trying for murder fere with the ordinary process of law. It for acts done as a British soldier been is, however, specially apt to arise in the fortunately acquitted. In 1851, Mr. Web- United States, because – ster had an embarrassing controversy (a) The Federal government has, with Spain, and Congress ultimately voted

apparently, at present, no power a sum as compensation to injured Spanish

to institute a prosecution for the subjects. And so lately as 1882 and 1883,

lynching of aliens in a State. it was generally understood that when the (6) The Federal government, even British government complained repeatedly

if it has this power, or if (as apof the incitements to assassination and ap

pears to be possible) it obtains peals for subscriptions to a dynamite fund

this power by appropriate legis. published in certain New York journals,

lation, cannot transfer the trial the American National Executive found

from the district where the of. itself unable to take those steps which the

fence was committed to some rules of international comity suggested

other district, still less create a and the gravity of the occasion required.

special tribunal. The secretary of state then, like Mr. 7. The Federal government of the Blaine now, sought to avoid dwelling upon United States is in the further difficulty of the limitations of its authority as an ex- not being able to interfere with the police cuse for its quiescence, because it felt, as of a State for the protection of aliens. every government must feel, that is inter- 8. These difficulties are not, however, national matters this is at best an unsat

* Mr. Blaine seems willing to suggest a vote to isfactory answer, somewhat below the Congress.

inherent in every Federal government eo gain, or that the Republican party leaders nomine. They arise out of the actual pro will venture to oppose the general current visions of the United States Federal Con- of American feeling. What is most to be stitution, and might have been avoided by wished, though hardly to be expected, is a different drafting of that constitution. that these deplorable events should lead

Other similar difficulties (though, per. to a reform in the government of Louisiana, haps, fewer than might have been ex- and in particular of the city of New Or. pected) with regard to aliens have arisen leans. Lynchi is the natural and almost from the omission to place what may be the necessary outcome of a state of things called the internal regulation of the foreign in which ordinary justice cannot be serelations of the United States under the cured.* full control of the Federal power. I refer It has been observed that according to to them only lest it should be fancied that a the generally accepted rules of interna. case like this is the only source whence tional law the internal structure of a gove trouble may be expected.

ernment, and the legal restrictions to The moral would seem to be that the which its central executive or legislature American government should put forth or judiciary may be subject, do not disall such powers as Congress possesses to charge it from the ordinary liabilities of a legislate for the protection of aliens and civilized power, even when those restricthe carrying out of treaties within the sev- tions may be supposed to be known to eral States (it has already full power as other nations. But let us imagine a power regards the District of Columbia and the which has in theory complete authority Territories), so as to be in a better posi- over all its subjects, wherever they reside, tion to meet any complaints from foreign while yet itin fact allows important groups powers. It might also, in preparing future of them to constitute distinct and practreaties, so word them as virtually to ex- tically independent communities, with tend the legislative authority of Congress legislatures and executives whose action as regards aliens, or, if this is thought within their respective territories it does undesirable, the treaties might be so ex- not control, though it takes under its pressed as to carry on their face a notice charge all their international relations. to the other contracting party of the lim. Suppose that in one of these communities itations to which the national government aliens are ill-treated, and treaties violated is subject.

in a way which gives a foreign government Some influential American statesman is just ground for complaint. Such a power said to have predicted that a serious con- would occupy a less defensible position flict between the Federal and State au-than the United States does in its conthorities may grow out of this Louisiana troversy with Italy. It could not allege incident. To me, I confess, nothing seems its want of legal right to protect aliens less probable. The general sentiment of and compel the observance of treaties, for the United States regrets, but scarcely its legal rights are complete. To say that condemns, the violence used at New Orlit was accustomed to leave to their own leans. There is at any rate no feeling devices communities which are in law as sufficient to encourage the present Federal much its subjects as the inhabitants of its authorities to enter on a conflict which capital, would be no answer at all to forwould immediately excite strong passions. eign governments. It would have to The Democratic party, which has now an choose between three disagreeable alterenormous majority in the House of Rep- natives. One would be to repudiate its resentatives, is the party specially inclined international obligations, with the serious to champion State rights, and would resist consequences which might follow. The any attempt to coerce Louisiana. It is second would be to pay compensation in certainly to be desired that the limits of respect of acts for which it was blameless, Federal authority as regards the protec- and whose recurrence it could not prevent. tion of aliens should be more exactly defined, and in some degree extended. But

As an American writer truly says: “The assassinadefinition belongs primarily to the judi- tion of the chief of police at ciary, and any extension must take place was undoubtedly the result of the same social condi

tions which caused the failure of the jury trial and the in the way of ordinary legislation through massacre of the acquitted prisoners in the gaol. In Congress, seeing that it would be ex. such social conditions men's reliance on the law for tremely difficult to amend the Constitution. protection is necessarily small.

known presence of Judge Lynch in a community makes There is, therefore, no reason to think that people careless about the character of the judges and the present administration will raise ques: like gluitonous persons who think they have a pill

juries provided by the (State) Constitution. They are tions from which it has little or nothing to which is a sure cure for indigestion."

New Orleans last October

Somehow or other the

The third would be to coerce the com- | Elm walk, since the big beech came down, munities in which the wrongs had been and only last week our rector was advising committed, with the possible result of Robert to remonstrate with George Lang. provoking a rebellion.

ley, as it is such a bad example, and cerThis is the position in which Great tain to encourage drinking and gambling, Britain now stands. She is fully respon- and it is most unpleasant for us driving sible to foreign nations for every wrong past them to church.” done in her dominions everywhere, for her The houses of which Lady Harriette legislative and executive power extends speaks were indeed erected by Mr. Langover them all. Yet practically she has ley with some chuckling over the probable ceased to control the great self-governing disapproval of the sanctimonious uncle by colonies. It is matter for wonder that up whom he considered hiinself to have been to the present time so few troubles have cheated in a business transaction; but they arisen out of this most delicate position. really are not such undesirable dwellings Nothing but the law-abiding spirit which as her ladyship’s epithets would lead the our colonists have usually shown, and the reader to suppose. On the contrary, they cautious prudence which the sense of dan-are, I should say, rather favorable speciger bas forced upon the home government mens of their kind, that, namely, which is during the last twenty or thirty years, patronized by the numerous class whom could have averted serious complications. fortune has provided with neither poverty A case like this of the Italians at New nor riches. Situated on a quiet country Orleans indicates points which ought to road, nearly a mile from Densleigh village, be carefully provided for when a Home The Pack is within a stone's-throw of the Rule Constitution is enacted for Ireland shady plantations which skirt the Nicolls's in the course of the next few years, as they small park, and being surrounded by pleaswere no doubt covered by the bill of 1886. ant, lonely pasture lands, it surveys an And it is well fitted to quicken the atten- unsophisticatedly green and rural prospect tion of British and colonial statesmen to not often associated withi villa residences. the risks incident to the present anomalous But the most distinctive features of The relation of the self-governing colonies to Pack are those from which it derives its the mother country. Britain is more vul- name. This designates collectively four nerable than the United States, and has decidedly ornate stucco edifices, separated more difficult cards to play. Since it is from one another by intervals of some ten as clearly the interest of her colonies as it feet, which allow them to rank as “de.. is her own that their political connection tached,” and called individually Heart with her should be maintained, she may Lodge, Diamond Mount, Spade Villa, and fairly ask them to join her in considering Club House, in appropriate allusion to methods whereby the chances of interna- their respective doors, windows, gates, and tional trouble may be diminished, and in purches, which are quaintly fashioned into trying to guard against dangers which, as the characters of the devil's books. Mr. the experience of Australia and of New- Langley must have been greatly smitten foundland has shown, are not chimerical. with his conceit, to judge from the elabo

rateness of the detail in which he has car. ried it out, extending it even to the pattern of the tiled garden-paths, and of the oil

cloth in each diminutive hall, thereby From The Cornhill Magazine.

much disgusting Mr. Hornidge, the IN "THE PACK."

builder, a man who, though far from adABOUT fifteen years ago Lady Harriette verse to jokes in general, being in fact Nicolls wrote to her sister, the governess accounted something of a humorist, was of Assinololand, a letter, part of which 1 disposed to resent any pleasantry involv. happen to know ran as follows: “George ing such serious subjects as bricks and Langley has, as usual, been making him- mortar. “ Ten per cent., good, on to the self disagreeable, and has given us no end expenses,” it was his babit to say, of annoyance. The last thing he has done as like as not as much more off the rent. is to begin building in the field close to Hows’ever, Mr. Langley can afford to pay our gate on the Maythorpe road. He has for his vagaries as well as most others, run up a row of four horrid, little, frightful he would add, his ruffled professional feel. houses with windows in the shape of ing only partially soothed by a conscious. hearts and diamonds, etc., and he is ad- ness that a certain proportion of the fanvertising them in the paper as • The Pack.'| tastic outlay had found its way into his We have quite a view of them from the own pockets.

o and


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