412 BURR— THE TREATY-MAKING POWER [April 2., 



upon during the present session. The necessity for some such provision 

 abundantly appears. Precedent for constituting a Federal Jurisdiction in 

 criminal cases where aliens are sufferers is rationally deducible from the 

 existing statute, which gives to the district and circuit Courts of the United 

 States jurisdiction of civil suits brought by aliens where the amount involved 

 exceeds a certain sum. If such jealous solicitude be shown for alien rights in 

 cases of merely civil and pecuniary import, how much greater should be the 

 public duty to take cognizance of matters afifecting the lives and the rights 

 of aliens under the settled principles of international law no less than under 

 treaty stipulation, in cases of such transcendent wrong doing as mob murder, 

 especially when experience has shown that local justice is too often helpless 

 to punish the offenders." Richardson's " Messages of the Presidents," Sup- 

 plement, 1899-1902, pp. 69-70. 



Note 18. — " I renew the urgent recommendations I made last year that 

 the Congress appropriately confer upon the Federal Courts jurisdiction in 

 this class of international cases where the ultimate responsibility of the 

 Federal Government may be involved, and I invite action upon the bills 

 to accomplish this which were introduced in the Senate and House. It is 

 incumbent upon us to remedy the statutory omission which has led, and may 

 again lead, to such untoward results. I have pointed out the necessity and 

 the precedent for legislation of this character. Its enactment is a simple 

 measure of previsory justice toward the nations with which we as a sovereign 

 equal make treaties requiring reciprocal observance." Ibid., p. 128. 



Note 19. — These Sections so amended would read substantially as follows : 



Section 3336.- If two or more persons in any state or territory con- 

 spire ... by force to prevent, hinder, or delay the execution of any law or 

 treaty of the United States; . . . each of them shall be punished by a fine of 

 not less than five hundred dollars and not more than five thousand dollars ; 

 or by imprisonment with or without hard labor, for a period not less than 

 six months nor more than six years, or by both such fines and imprisonment. 



Section 5508. If two or more persons conspire to injure, oppress, 

 threaten, or intimidate any person being within any state or territory in the 

 free exercise or enjoyment of any right or privilege secured to him by the 

 constitution or laws of the United States, or under any treaty of the United 

 States, or because of his having so exercised the same; or if two or more 

 persons go in disguise on the highway or on the premises of another, with 

 intent to prevent or hinder his free exercise or enjoyment of any right or 

 privilege so secured, they shall be fined not more than five thousand dollars, 

 and imprisoned not more than ten years ; and shall, moreover, be thereafter 

 ineligible to any office, or place of honor, profit, or trust created by the con- 

 stitution, or laws of the United States. 



Section 3509. If in the act of violating any provision in either of the 

 two preceding sections any other felony or misdemeanor be committed, the 

 offender shall be punished for the same with such punishment as is attached 

 to such felony or misdemeanor by the laws of the state in which the offence 

 is committed. 



