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
either 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 international 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 rights.

A bill to provide for the punishment of violations of treaty rights
of aliens was introduced in the Senate March 1, 1892, and reported
favorably March 30. Having doubtless in view the language of that part
of Article III of the treaty of February 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 constant protection and security for their persons and
property, and shall enjoy in this respect the same rights and privileges
as are or shall be granted to the natives, on their submitting
themselves to the conditions imposed upon the natives," the bill so
introduced and reported provided that any act committed in any State or
Territory 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 between 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 Congress 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 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 ci