an American consulate their intention to become residents and remain citizens of the United States, and are further required to take the oath of allegiance to the United States upon attaining their majority. Duplicates of any evidence, registration or other acts required by the statute are to be filed with the Department of State for record.32 32 Stats. at Large, 1228. § 472. § 473. § 474. § 475. CHAPTER XV. RESPONSIBILITY OF GOVERNMENT FOR MOB VIOLENCE. General comments. Property of consul injured through negligence. Punishment of violation of treaty right-President Harrison's recommendation. Introduction of bill to carry out recommendation. § 491. § 492. Federal government of Colombia responsible for acts of states. § 493. § 494. Constitution of Colombia prohibiting interference with states. § 501. Distinction between rights of consul and resident foreigners. § 502. Appropriation by Congress. 503. Explanations of appropriation. § 504. Damages for destruction of property. 505. The steamer "Caroline." Arrest of McLeod. Diplomatic action. § 506. 507. § 518. Incident devoid of national character. § 519. China closed to residence. § 520. No reciprocity intended. § 521. System of American government known to China. § 522. President Cleveland's special message. § 523. Views of Senator Edmunds. § 524. Other allowances for injuries to Chinese residents. § 525. Explanation of treaty. § 526. Mafia riots and lynching at New Orleans. § 527. Demands of the Italian government. § 528. Withdrawal of American Minister. § 529. Tender of indemnity. § 541. Wounding of a British subject at New Orleans. § 542. Appropriation by Congress. § 543. Hanging of a Mexican in California. § 544. Responsibility of government for boycott. § 545. Responsibility of municipal corporation for damages by mobs. § 546. Liability imposed by statute. § 547. Reputation of deceased. § 548. Participation by owner. § 549. Notice to be given. § 550. Immaterial ruling. § 551. Sufficient time to give notice. § 552. Constitutionality of such statutes. 553. Liberal construction. 554. Common purpose of crowd. § 472. General comments.-Several cases have occurred in the United States where foreign citizens have been injured or killed by the action of uncontrolled mobs, and when indemnity has been asked by their governments, the United States has consistently contended that it was not compelled to make indemnity, save in those special cases, such as an attack on the official representatives of a foreign government, or where, by virtue of a special clause in a treaty, there rested upon the government a special duty of protection. Still, Congress has appropriated money, in many instances, as indemnity to the sufferer or his heirs, always stating, however, that such appropriations were made out of humane consideration and not as an acknowledgment of liability. In 1802 Attorney General Lincoln announced: "By the law of nations, if the citizens of one state do an injury to the citizens of another, the government of the offending party ought to take every reasonable measure to cause reparation to be made by the offender. But if the offender is subject to the ordinary processes of law, it is believed this principle does not generally extend to oblige the government to make satisfaction in case of the inability of the offender.' Accordingly, where an American vessel seized an alleged Danish vessel as French property, on the south side of the Island of San Domingo, and while awaiting examination under the American flag a British ship seized the Danish vessel too, conveyed her to Jamaica and there condemned her, it was ruled that inasmuch as the first captors were not liable for capturing and holding the vessel long enough for examination, nor for the second capture, and as no liability rests upon the United States even for unlawful captures by its subjects, the United States was not obligated to indemnify the Danish owner.2 § 473. Property of consul injured through negligence.-If, owing to the negligence of a foreign government, the personal property of a consul of the United States is injured, such government is liable for damages. In 1875 Mr. Fish, Secretary of 3 11 Op. Atty. Gen. (1802) 106, 107. 2 Lincoln, 1 Op. Atty. Gen. 106. Mr. Frelinghuysen, Secretary of State, to Mr. Mathews, January 16, 1883; MS. Inst. Barb. Powers, XVI, 103. State, in correspondence with the Mexican Minister relative to the lynching of a number of Mexican shepherds in Texas, assumed the position that a government is not "answerable in pecuniary damages for the murder of individuals by other individuals within its jurisdiction," and that while it was the duty of a government to prosecute such offenders according to law by all means at its command, still, if this duty were honestly and diligently performed, the obligations of the government were fulfilled. In 1888 Mr. Bayard, Secretary of State, declared that the position taken by the Department of State, as defined in Mr. Fish's notes, was still believed to be sound in international law.5 $474. Punishment of violation of treaty right-President Harrison's recommendation.-Congress has passed no law making the violation of the treaty rights of aliens a crime cognizable in the federal courts, though it has often been urged to do so. In his annual message of December 9, 1891, President Harrison called attention to this defect in our laws, and said: "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 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." § 475. Introduction of bill to carry out recommendation.Conformably to these suggestions, a bill was introduced in the Senate March 1, 1892, and favorably reported March 30, 1892, providing that any act committed in any state or territory 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 For. Rel. 1875, II, 973. For. Rel. 1888, II, 1308. |