378 BURR— THE TREATY-MAKING POWER [April 20, 



with, and how the general Government of the United States has exercised, 

 or intends to exercise, its power in executing the treaty obHgations to pro- 

 tect the Chinese.'""' 



To this letter, Mr. Blaine responded: 



" Your observations to the effect that treaties form a part of the supreme 

 law of this land equally with the Constitution of the United States, is evi- 

 dently based on a misconception of the true nature of the Constitution. 

 That instrument, together with all laws which are made in pursuance thereof, 

 and all treaties made or which shall be made under the authority of the 

 United States, are the supreme law of the land. Such is the language of the 

 Constitution, but it must be observed that the treaty no less than the statute 

 law, must be made in conformity with the Constitution, and were a provision 

 in either a treaty or a law found to contravene the principles of the Con- 

 stitution, such provision must give way to the superior force of the Constitu- 

 tion, which is the organic law of the republic, binding alike on the govern- 

 ment and the nation. It is under this interpretation of the Constitution that 

 foreigners, no less than citizens, find their best guarantee for that security 

 and protection in their persons and property which it is the aim and desire 

 of the Government of the United States to extend to all alike."""' 



Here the matter ended. Exactly what idea, if any, ]\Ir. Blaine in- 

 tended to convey by his concluding sentences, is not clear. 



On ]\Iarch 14, 1891, eleven Italians were killed by a mob in New 

 Orleans. Louisiana, in a series of occurrences known as the Mafia 

 riots. The chief of police had been previously murdered and his 

 death was ascribed to the Mafia. The eleven Italians had been 

 arrested on that charge, tried and acquitted. A mob thereupon 

 killed them. Said the Secretary of State, Mr. Blaine: 



"If it shall result that the case can be prosecuted only in the State 

 Courts of Louisiana, and the usual judicial investigation and procedure under 

 the criminal law is not resorted to, it will then be the duty of the United 

 States to consider whether some other form of redress may be asked. It 

 is understood that the State grand jury is now investigating the affair, and. 

 while it is possible that the jury may fail to present indictments, the United 

 States cannot assume that such will be the case. 



" The United States did not by the treaty with Italy become the insurer 

 of the lives or property of Italian subjects resident within our territory. No 

 government is able, however high its civilization, however vigilant its police 

 supervision, however severe its criminal code, and however prompt and in- 

 flexible its criminal administration, to secure its own citizens against violence 

 promoted by individual malice or by sudden popular tumult. The foreign 



-"Chen Pan Pin to William M. Evarts, Ibid., p. 321. . 

 ^- James G. Blaine to Chen Lan Pin. Ibid., p. 336. 



