»9i4.] A FACTOR IN WORLD POLITICS. 83 



or subject of a foreign country secured to such citizen or subject by treaty 

 between the United States and such foreign country, which act constitutes a 

 crime under the laws of such state or territory, shall constitute a like crime 

 against the peace and dignity of the United States, punishable in like manner 

 as in the courts of said state or territory, and within the period limited by 

 the laws of such state or territory, and may be prosecuted in the courts of 

 the United States, and upon conviction, the sentence executed in like manner 

 as sentences upon convictions for crimes under the laws of the United States." 



That the federal government has ample power to enact such 

 legislation has been repeatedly affirmed by the Supreme Court of the 

 United States. In Baldwin vs. Frank (120 U, S. 678) one of the 

 leading cases on the subject, the question involved was whether the 

 Civil Rights Acts were applicable to a conspiracy to deprive Chinese 

 subjects, residing within a state, of rights secured to them by treaty. 

 In the course of its opinion the court said: 



" The precise question we have to determine is not whether Congress has 

 the constitutional authority to provide for the punishment of such an offense 

 as that with which Baldwin is charged, but whether it has so done. 



" That the treaty-making power has been surrendered by the states and 

 given to the United States is unquestionable. It is true also that the treaties 

 made by the United States and in force are part of the supreme law of the 

 land, and that they are as binding within the territorial limits of the states 

 as they are elsewhere throughout the dominion of the United States. 



" That the United States have power under the Constitution to provide 

 for the punishment of those who are guilty of depriving Chinese subjects of 

 any of the rights, privileges, immunities or exemptions guaranteed to them 

 by this Treaty, we do not doubt. What we have to decide, under the ques- 

 tions certified here from the court below, is whether this has been done by 

 the sections of the Revised Statutes specially referred to." 



Again, in the Debs case (158 U. S. 564) the Court held: 



" The entire strength of the nation may be used to enforce in any part 

 of the land the full and free exercise of all national powers and the security 

 of all rights entrusted by the Constitution to its care. ... If the emergency 

 arises, the army of the nation, and all its militia, are at the service of the 

 nation to compel obedience to its laws." 



All this tends to prove not only that we have been remiss in the 

 performance of our international obligations, but that such remiss- 

 ness has not been due to any defect in our national Constitution but 

 to the failure of Congress to extend the jurisdiction of the federal 

 courts and to grant specific authority to the federal executive to 



