WRIGHT— POWER TO MEET RESPONSIBILITIES. 277 



trade, aiding the administration of justice as by extradition, pro- 

 tecting international resources such as fur seal and migratory birds, 

 protecting international services such as the Red Cross, Submarine 

 Cables, Radio Communication, etc. 



This legislation does not appear fully adequate to meet all inter- 

 national responsibilities arising from the acts of individuals, the 

 most notable lacuna being in the protection of resident aliens. 

 Presidents Harrison, McKinley, Roosevelt and Taft each urged 

 legislation authorizing criminal prosecution in the federal courts of 

 persons violating the rights of aliens under treaties or international 

 law and adequate executive authority to take preventive measures, 

 but in view of the inroad such legislation would make upon the 

 police jurisdiction of the states it has not been passed.^^ On sev- 

 eral occasions the United States has been obliged to pay indemnities 

 because of its inability under existing laws to exercise " due dili- 

 gence " in this respect.*' The power of Congress to pass such legis- 

 lation, at least for the protection of the rights of aliens guaranteed 

 by treaty, cannot be questioned,*^ and it would seem that an ofifense 

 against the rights of aliens under general international law would 

 be an " offense against the law of nations " and so within the power 

 of Congress. 



121. Sufficiency of Existing Legislation for Punishing Offenses 



Against Foreign Governments. 



Offenses against the sovereignty and territory of foreign states 



are not fully covered by national law. Libels upon foreign states 



or sovereigns, conspiracy to promote insurrection or revolution in 



foreign states, or to assassinate the ruler of a foreign state do not 



appear to be punishable by national laws though they have been 



made the subject of international discussion and are indictable 



offenses in many countries. Some of these acts are punishable in 



state courts.*^ 



46 Moore, Digest, 6 : 820 et scq. 

 *7 Ibid. 



*^ Baldwin v. Franks, 120 U. S. 678; Corwin, National Supremacy, p. 286 

 ei scq.; Taft, The United States and Peace, 40 et scq., supra, sec. 49. 

 *9 Moore, Digest, 2 : 430. 



