The recurrence of these distressing manifestations of blind mob fury
directed at dependents or natives of a foreign country suggests that
the contingency has arisen for action by Congress in the direction
of conferring upon the Federal courts jurisdiction in this class of
international cases where the ultimate responsibility of the Federal
Government may be involved. The suggestion is not new. In his annual
message of December 9, 1891, my predecessor, President Harrison, said:
It would, I believe, be entirely competent for Congress to make offenses
against the treaty rights of foreigners domiciled in the United States
cognizable in the Federal courts. This has not, however, been done, and
the Federal officers and courts have no power in such cases to intervene
either for the protection of a foreign citizen or for the punishment of
his slayers. It seems to me to follow, in this state of the law, that
the officers of the State charged with police and judicial powers in
such cases must, in the consideration of international questions growing
out of such incidents, be regarded in such sense as Federal agents as to
make this Government answerable for their acts in cases where it would
be answerable if the United States had used its constitutional power to
define and punish crimes against treaty rights.
Pages:
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164