CONGRESS. (THE PRESIDENT'S MESSAGE.) 



143 



" 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 

 <>il her 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 inter- 

 national 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 

 lights." 



A bill to provide for the punishment of viola- 

 tions of treaty rights of aliens was introduced 

 in the Senate, March 1, 1892, and reported favor- 

 ably March 30. Having doubtless in view the 

 language of that part of Article III of the treaty 

 of Feb. 26, 1871, -between the United States and 

 Italy which stipulates that " the citizens of each 

 of the high contracting parties shall receive, in 

 the States and Territories of the other, most con- 

 stant protection and security for their persons 

 and property, and shall enjoy in this respect the 

 sarne rights and privileges as are or shall be 

 granted to the natives, on their submitting them- 

 selves to the conditions imposed upon the na- 

 tives," the bill so introduced and reported pro- 

 vided that any act committed in any State or Ter- 

 ritory of the United States in violation of the 

 rights of a citizen or subject of a foreign country 

 secured to such citizen or subject by treaty be- 

 1 ween the United States and such foreign country 

 and constituting a crime under the laws of the 

 State or Territory shall constitute a like crime 

 against the United States and be cognizable in 

 the Federal courts. No action was taken by Con- 

 gress in the matter. 



I earnestly recommend that the subject be 

 taken up anew and acted 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 jurisdic- 

 tion 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 affecting the life and the 

 rights of aliens under the settled principles of in- 

 ternational law no less than under treaty stipula- 

 tion, in cases of such transcendent wrongdoing 

 as mob murder, especially when experience has 

 shown that local justice is too often helpless to 

 punish the offenders. 



After many years of endeavor on the part of 

 this Government to that end the Italian Govern- 

 ment has consented to enter into negotiations for 

 a naturalization convention, having for one of 

 its objects the regulation of the status of Italians 

 (except those of an age for active military serv- 

 ice) who, having been naturalized in the United 

 States, may revisit Italy. It is hoped that with 

 the mutually conciliatory spirit displayed a suc- 

 cessful conclusion will be reached. 



The treaty of commerce and navigation between 

 the United'States and Japan on Nov. 22, 1894, 

 took effect in accordance with the terms of its 

 nineteenth article on the 17th of July last, simul- 



taneously with the enforcement of like treaties 

 with the other powers, except France, whose con- 

 vention did not go into operation until Aug. 4, 

 the United States being, however, granted up to 

 that date all the privileges and rights accorded 

 to French citizens under the old French treaty. 

 By this notable conventional reform Japan's posi- 

 tion as a fully independent sovereign power is as- 

 sured, control being gained of taxation, customs 

 revenues, judicial administration, coasting trade, 

 and all other domestic functions of government, 

 and foreign extraterritorial rights being re- 

 nounced. 



Comprehensive codes of civil and criminal pro- 

 cedure according to Western methods, public in- 

 struction, patents and copyrights, municipal ad- 

 ministration, including jurisdiction over the 

 former foreign settlements, customs tariffs and 

 procedure, public health, and other administrative 

 measures have been proclaimed. The working of 

 the new system has given rise to no material com- 

 plaints on the part of the American citizens or 

 interests, a circumstance which attests the ripe 

 consideration with which the change has been 

 prepared. 



Valuable assistance was rendered by the Japan- 

 ese authorities to the United States transport ship 

 Morgan City while stranded at Kobe. Permis- 

 sion has been granted to land and pasture army 

 horses at Japanese ports of call on the way to 

 the Philippine Islands. These kindly evidences 

 of good will are highly appreciated. 



The Japanese Government has shown a lively 

 interest in the proposition of the Pacific Cable 

 Company to add to its projected cable lines to 

 Hawaii, Guam, and the Philippines a branch con- 

 nection with the coast of Japan. It would be a 

 gratifying consummation were the utility of the 

 contemplated scheme enhanced by bringing Japan 

 and the United States into direct telegraphic re- 

 lation. 



Without repeating the observations of my spe- 

 cial message of Feb. 10, 1899, concerning the neces- 

 sity of a cable to Manila, I respectfully invite at- 

 tention to it. 



I recommend that, in case the Congress should 

 not take measures to bring about this result by 

 direct action of the Government, the Postmaster- 

 General be authorized to invite competitive bids 

 for the establishment of a cable; the company 

 making the best responsible bid to be awarded 

 the contract; the successful company to give am- 

 ple bonds to insure the completion of the work 

 within a reasonable time. 



The year has been marked by constant increase 

 in the intimacy of our relations with Mexico and 

 in the magnitude of mutually advantageous inter- 

 changes. This Government has omitted no op- 

 portunity to show its strong desire to develop and 

 perpetuate the ties of cordiality now so long hap- 

 pily unbroken. 



Following the termination on Jan. 20, 1899. by 

 Mexico of the convention of extradition of Dec. 

 11, 1861, a new treaty more in accordance with 

 the ascertained needs of both countries was 

 signed Feb. 22, 1899, and exchanged in the city 

 of Mexico on the 22d of April last. Its operation 

 thus far has been effective and satisfactory. A 

 recent case has served to test the application of 

 its fourth article, which provides that neither 

 party shall be bound to deliver up its own citi- 

 zens, but that the executive authority of each 

 shall have the power to deliver them up if in its 

 discretion it be deemed proper to do so. 



The extradition of Mrs. Mattie Rich, a citizen 

 of the United States, charged with homicide com- 

 mitted in Mexico, was after mature consideration 



