After the attempt to assassinate the Emperor of the French, on the 14th
of January, 1858, the French minister of foreign affairs represented
that plots to assassinate the Emperor had been formed in England,
and asked that England should provide for the punishment of such
offenses. In accordance with the request, Lord Palmerston, being
prime minister, on the 8th of February introduced a bill for the
punishment of conspiracies formed in England to commit murder
beyond Her Majesty's dominions; but the bill was rejected, and the
ministry immediately resigned. The bill was opposed by some from
an unwillingness to interfere in any way with the right of asylum;
but the controlling reason evidently was a feeling that the French
Government had used too dictatorial a tone in demanding the passage
of such a law. (Annual Register (1858), 5, 33, 202; Annuaire des
deux Mondes (1857, 1858), 32, 110, 420, cited in Lawrence's Wheaton,
246, note. Whart. Crim. Law, 9th ed. §§ 220, 287, 1397, and discus-
sion in 6 Crim. Law Mag. 155, March, 1885.)
The same application was made to Sardinia, and a law was passed
there making it a special offense to conspire against the lives of
sovereigns, although the punishment originally proposed in the bill
as introduced by the ministers was mitigated by the chambers. M.
Cavour sustained the measure, both on political grounds and because
he deemed it important that Sardinia, under the circumstances in
which she was placed, should not act in opposition to the views of
France. (Annuaire des deux Mondes (1857, 1858), 216.)

A government can not be held responsible for the secret transmission of money by individuals within its jurisdiction to individuals in a foreign country to promote the commission of crime there.

Mr. Frelinghuysen, Sec. of State, to Mr. West, Brit. min., April 14, 1883, MS. Notes to Gr. Br. XIX. 284. See, also, Mr. Frelinghuysen, Sec. of State, to Mr. Lowell, min. to England, Dec. 4, 1883, and Nov. 24, 1884, MS. Inst. Gr. Br. XXVII, 69, 349.

The laws of the United States make it a penal offence for any explosive to be transported from the United States to any other country, unless it be done openly and according to certain specific rules.

Mr. Frelinghuysen, Sec. of State, to Mr. Lowell, min. to England, Nov. 24, 1884, MS. Inst. Gr. Br. XXVII. 349.

"Your communication of the 22d ultimo, in which you ask the attention of this Department to the question whether participating in the Irish National League, an organization to promote insurrectionary movements in Ireland, is not an offence against the 'sedition statutes' of the United States, has been received.

"In reply to your enquiry, I have to say that treasons and seditions made punishable under those statutes are treason and sedition. against the United States, and they do not make punishable treason and sedition against foreign sovereigns.

"I may add, however, that if any persons in the State of Pennsylvania take measures to perpetrate a crime in a foreign land, such an attempt, coupled with preparations to effectuate it, though not cognizable in the Federal courts, is cognizable in the courts of the State of Pennsylvania. It is only necessary to obtain legal action in such prosecution that an oath specifying the offence be made before a State magistrate, and the State prosecuting attorney having jurisdiction of the locality notified of the initiation of the proceedings."

Mr. Bayard, Sec. of State, to Mr. Harris, April 2, 1885, 154 MS. Dom. Let. 649.

In December, 1864, the minister of the United States in London was instructed to lay before the British Government certain papers in relation to "the alleged manufacture of Greek fire at Windsor, Canada, to be used by rebel emissaries in attempts to burn certain cities of the United States," with a view to "the adoption of such preventive measures as may be practicable." (Dip. Cor. 1865, I. 36.)

In 1894 certain citizens of Louisiana addressed to the President, the Secretary of State, and the Congress of the United States, a petition on the subject of lotteries, praying among other things that the Government of the United States would point out to that of Honduras that the corporation known as the Louisiana Lottery Company proposed to change its base to the Republic of Honduras. The Department of State enclosed a copy of the petition, together with copies of the United States antilottery statutes, to the diplomatic representative of the United States in Honduras, and said: "Should it be true that such an enterprise, made unlawful by our law, is seeking to make use of a foreign territory from which to operate upon our citizens, it would seem to be a subject of which the neighboring and offended state would take notice. It is proper to bring the subject to the notice of the Government of Honduras, through its minister for foreign affairs, in order that it may be advised of the views of the United States and of its legislation in this regard."

Mr. Adee, Act. Sec. of State, to Mr. Pringle, chargé in Guatemala and
Honduras, March 22, 1894, For. Rel. 1894, 315.

"The assassination of President McKinley, together with the anarchistic crimes and attempts upon the lives of chief magistrates committed in recent years, have rendered it terribly evident that a struggle against the menace of anarchy is an urgent necessity for all governments and a duty whose performance can not be postponed.

"It is evident that concerted action on the part of the governments interested can not be really successful unless the uniform and strict enforcement of the measures that may be adopted against the anarchists can be secured by an international understanding. It would be

preferable, it seems, to attain that end by an exchange of views among the governments rather than by convoking a new conference.

"The Imperial Government of Germany and the Imperial Government of Russia have consequently agreed to propose such common action to the powers as will tend to the adoption of uniform measures in order to check the anarchistic movement.

"The resolutions of the conference held at Rome in 1898, only a very small part of which has been put in practice, might serve as a basis for the projected understanding. It would be desirable that the governments, agreeably to the decisions of that conference, should agree to adopt uniform administrative measures having for their object the establishment of a rigorous surveillance of the anarchists by the creation of central bureaus in the various countries, by the exchange of information, and by international regulations relative to the expulsion of anarchists from all countries of which they are not subjects. The projected understanding should, so far as this may be possible, not confine itself to the measures above referred to, but should comprise various legislative measures tending to strengthen and complete the provisions of the penal code against the anarchists, against the combined effects of their common action, and against the subversive press. It would, furthermore, be well to introduce into . legislation a more complete and precise definition of anarchistic crime. in all its aspects.

"The Governments of Germany and Russia express the hope that the United States Government will not refuse to recognize the necessity of energetically resisting the development of the anarchistic movement. The representatives of the two Governments, therefore, beg the United States Government to inform them as speedily as possible whether it is disposed in principle to cooperate with the German and Russian Governments in establishing an exchange of views that may lead to common action based, either in whole or in part, upon the propositions set forth.

"In case of an affirmative reply, the details regarding the enforcing of the measures in question might be subsequently elaborated."

Memorandum handed to the Secretary of State by the German and Russian ambassadors at Washington, Dec. 12, 1901, For. Rel. 1901, 196.

"In reply to the memorandum handed me by the ambassadors of Germany and of Russia, I am directed by the President to express his cordial sympathy with the views and the purposes therein set forth.

"The President in his message of the 3d of December earnestly recommended to the Congress that in the exercise of its wise discretion it should take into consideration the coming to this country of anarchists or persons professing principles hostile to all government and justifying the murder of those placed in authority.' 'Such individH. Doc. 551-vol 2-28

uals,' the President said, as those who not long ago gathered in open meeting to glorify the murder of King Humbert of Italy perpetrate a crime, and the law should insure their rigorous punishment. They and those like them should be kept out of this country; and if found here they should be promptly deported to the country whence they came, and far-reaching provision should be made for the punishment. of those who stay. No matter calls more urgently for the wisest thought of the Congress.'

"The President further recommended that The Federal courts should be given jurisdiction over any man who kills or attempts to kill the President or any man who by the Constitution or by law is in line of succession for the Presidency, while the punishment for an unsuccessful attempt should be proportioned to the enormity of the offense against our institutions.' He also recommended that anarchy should be declared an offense against the law of nations through treaties among all civilized powers.

"These extracts from the President's message, it is believed, will assure all governments of civilized peoples of the President's earnest desire to adopt every practicable means to eradicate this deadly growth from our body politic. The President will be glad to adopt such administrative measures as are within his constitutional power to cooperate with other governments to this end.

"So far as concerns the legislative action which may be necessary, the large number of bills which have been introduced in both Houses of Congress during the present session sufficiently show the trend of public sentiment in the same direction. The President will take all proper means to urge upon Congress the adoption of such measures for the suppression of anarchy as may be found acceptable to the National Legislature and which may enable the Executive to act in the matter with greater effectiveness in concert with other powers."

Memorandum sent by Mr. Hay, Dec. 16, 1901, in reply to the memorandum
submitted by the German and Russian ambassadors, For. Rel. 1901,
197.

See Mr. Hay, Sec. of State, to governor of New Jersey, Aug. 1, 1900, 246
MS. Dom. Let. 648.

2. INDIANS, AND OTHER MARAUDERS.

(1) INDIANS.
$222.

The United States and Mexico, by the treaty of April 5, 1831, following the example of Article V. of the treaty between Mexican frontier. the United States and Spain of October 27, 1795, agreed (Art. XXXIII.) each to use all the means in their power to preserve peace among the Indians within their borders, and to

restrain them by force from making incursions into each others' territories.

By Article XI. of the treaty of February 2, 1848, the United States, considering that much of the territory which it was acquiring was inhabited by savage tribes, who would thenceforth be under its exclusive control, agreed to restrain them, and to pass such laws as the nature of the subject might require.

Complaints by Mexico that the United States had failed to fulfill these stipulations gave rise to an acrimonious correspondence. By Article II., however, of the treaty of December 30, 1853, Mexico released the United States " from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe Hidalgo;" and that article, and Article XXXIII. of the treaty of 1831, were declared to be abrogated. In consideration of these stipulations, and of a certain cession of territory, the United States agreed to pay to Mexico $10,000,000.

See, as to the Indian depredation claims of Mexico against the United States, and their dismissal by the umpire of the mixed commission under the treaty of July 4, 1868, Moore, Int. Arbitrations, III. 2430.

With reference to the frequency of Indian raids from Mexico into Texas, the serious losses thereby occasioned, and the impunity of their perpetrators, the minister of the United States in Mexico was instructed in June, 1871, to say unofficially that it might become the duty of the United States " at least to weigh the expediency of pursuing the hostile Indians into Mexico, without the consent of that Government, if it shall not adopt measures toward checking the robberies referred to."

Mr. Fish, Sec. of State, to Mr. Nelson, min. to Mexico, June 26, 1871, For.
Rel. 1871, 644; H. Report 701, 45 Cong. 2 sess. 204. See, also, J. C. B.
Davis, Act. Sec. of State, to Mr. Nelson, min. to Mexico, Aug. 7, 1871,
For. Rel. 1871, 647; H. Report 701, 45 Cong. 2 sess. 204.

See Mr. Mariscal, min. of for. af., to Mr. Nelson, min. to Mexico, April 23,
1872, For. Rel. 1872, 420-421; H. Report 701, 45 Cong. 2 sess. 211.
For the second report, June 30, 1873, of the United States commissioners
for inquiring into the depredations committed on the Texas frontier,
see H. Ex. Doc. 257, 43 Cong. 1 sess.; H. Report 701, 45 Cong. 2
sess. 217.

It was intimated in 1877 that, although for " a heavy pecuniary consideration" the Mexican Government had "released the United States from the obligations in respect to predatory incursions of Indians from this country into Mexico, the obligations of that Government in respect to similar marauders from that country into the United States are entire, as provided for both by public law and by