I sincerely hope that we may continue to
minimize the evils likely to arise from such immigration without
unnecessary friction and by mutual concessions between self-respecting
governments. Meantime we must take every precaution to prevent, or
failing that, to punish outbursts of race feeling among our people
against foreigners of whatever nationality who have by our grant a
treaty right to pursue lawful business here and to be protected against
lawless assault or injury.
This leads me to point out a serious defect in the present federal
jurisdiction, which ought to be remedied at once. Having assured to
other countries by treaty the protection of our laws for such of their
subjects or citizens as we permit to come within our jurisdiction, we
now leave to a state or a city, not under the control of the Federal
Government, the duty of performing our international obligations in this
respect. By proper legislation we may, and ought to, place in the hands
of the Federal Executive the means of enforcing the treaty rights of
such aliens in the courts of the Federal Government. It puts our
Government in a pusillanimous position to make definite engagements to
protect aliens and then to excuse the failure to perform those
engagements by an explanation that the duty to keep them is in States or
cities, not within our control. If we would promise we must put
ourselves in a position to perform our promise. We cannot permit the
possible failure of justice, due to local prejudice in any State or
municipal government, to expose us to the risk of a war which might be
avoided if federal jurisdiction was asserted by suitable legislation by
Congress and carried out by proper proceedings instituted by the
Executive in the courts of the National Government.
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