New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-03
MIR. BLAINE CORDIALLY UPHELD
WARM PRAISE FROM ALL QUARTERS FOR
HIS REPLY TO BARON FAvA,s NOTE.

WARM PRAISE FROM ALL QUARTERS FOR
HIS REPLY TO BARON FAvAs NOTE.
HE FIRM AND CONVINCING CONDUCT OF THE
AMERICAN CASE LAUDED BY MEN OF ALL
pARrIEs-orINIoSs OF SENATORS NOR
GAN AND GIBSON. MEssRs LODGE.
FARQUHAR AND OTHERS.
IBr TELEGRAPH TO THE TRmusEI
washington, April 2.-Nothing but praise Is heard
on egery SIDE for tho mastery manner In which MI
Blaine yesterday demolished the fabric Of argument
on which the italian Government based its nasty
and inconslderats order % Baron Fava to break of
Negotiations with the State Department here. The
admirable skill and temper 81 the letter to the MARQUIS
Imperiali have been enthusiastically applaudcd oy
the press and the people generally. and pubic men
of both parties here unite In unstnted commentator
OF It's force and candor.
Since yesterday additional members Of the House
and Senate Committees on Foreign Affairs have left
town and opinions on the situation nom Congressional
experts on diplomacy made still more dlhcnt 10
obtain. Senator M6ffan. however. the eahlhg MEM
Der of the Democratic minority on tho senate Com
mittee Is s in town. and. with his usual frankness
and cordially entered this afternoon into general
discussion Of the diplomatic questions still involved In
the digpute between this Government and ltaly.
az am glad, said he. "to express my hearty
approval OF the attitude taken BY Mr. Blaine IN MS
letter of Yesterday TO the Marquis Impera althouSh
am far from believing that indemnity " due 70 inc
relatives of the victims Of the mob In New-oreanS
Mr.. Blaine has probably left that ducsuoh ope'
Indemnity for the consequences Of violent outbreak
| NJ inst popular indignation. excited by the cruel
murder of the Malta. can only be claimed DIV such
as were not involved In those atrocities Communities
act In such cases only convictions that theS can
not avoid and arc prompted by the natural irsnnoe
al self-defcnce. Men who are guilty OF deeos that
Thus arouse thousands of good people TO reach ana
punish them in disregard OF law. are not ch'dcu "
| sympathy or indemnity
9The demand OF Italy. that the President should
rive the Official assurance by (of the Federal Gov
eminent that the guilty parties should be orouRh' 10
| iustice is a task imposed upon him that no could
not constitutionally perform II the Treaty Oh 1911
| required such course: but 1t makes no such N-
| uuirements In our country Of laws the President
has no power to determine who are guilty Oh muroer.
That Junction belongs only to court and that court
| must be comprised q. Judge. grand jury. ana o
petit Jury. each having specific duties 70 periorih
Until a conviction Is had. executive officer can IN
erere In reference to the trial Of the accsed iav'
| IL seems would have destroy the Independence
of our Judiciary order 30 crafty her sudden temper
of resentment for the violation Of laws by MOD
at has also demanded that the President should
control the action of the State courts In violation OF
his sworn duty to support the Constitution o. inc
United States In order to bring the mob 70 lustce'
and that he should give official assurance OF his pled0e
TO thus usurp q power that Is forbidden 10 mii'
And we are informed that his refusal TO consider such
demand is evidence either Of the impotence OF our
Government or Of It's contempt for our treaty obea-
nons Mr. Blaine has shown excellent and wise ior-
bcarance I'M his reply this hotempered and Ignorant
demand.
An examination Of the Treaty Of 1871 would have
shown the Italian Government that the cltizcns Oh
rtp0 rartiez
| ceve Yn the States and Territories OF inc
otber the most constant protection and security
for their persons and property. and shall enloS IN
this respect the rights and privileges as are OF
shall be granted the natives Of tho country on ter
submitting themselves TO the laws there established
"A native Of the United States has no right 10 90
mand Of the President the protection OF his lire OF
nroncrty when he is resident in State he must look
e. his State Government for that protection. Italy
has secured by this treaty. for her citizens the same
rights and privileges as are or snaii Do sraeo " ~
natives, What a citizen Of tho United States may DC
mand OF the President italian may demand as 10 0
protection OF his person and property But ne can oo
| -. 30 ,noro than n native The Government OF
ItaIv in this treaty. did not reserve to itself the rg
m nation to claim the protection OF the United states
as a nation over the persons and property Oh iUahe
| within the States, 80 as TO remove ufeIh honi VI"
Jurisdiction OF our State courts Bo'h ooVcrhn'o'S
were relieved from such tntorshp OF their ciuzeS oy
1 oiv
following Article 80. The citizens OF either party sa
have free access TO the courts Of Justice In order
maintain and defend their rights, without any
other conditions restrictions or taxes thah SUCH d. arc
imposed upon the natives
| dan italian who s injured in his person or prop
etv must seek redress for himself in the courts ana
nro. c,a,r the interference OF his Government NJ
| least until that remedy has been e1hansUo. IL al
italian is slain the crime must be punished py 'he
. tina, are intr1isted by the treaty with the pro
lection Of his person. His death, however cruei ~
NAV he does not create In any other department Va 0
| Government any power to punish ms slayer ~ '''i
not become an international question unul Ie coul'
| have refused to employ their powers 10 PUNISH o.o
n.rnetrators of the murder. The submission by ltaly
~ r.. r.nons 70 the courts Of States and Ter
t.or,es binds the Government to abide by their de'
csions unless they corrupt or extra)udiclai "o
courts OF Louisiana proceeding 10 near anu uo,
| mine the same complaints that Italy MAKES 10 tho
I,t.d STATES and have the right TO proceed wlh lhc
| rta,v cannot In advance assume that Iusuce WIZ
t,h he neglected or refused by the courts OF Lou
$3.50 ord intcrpose TO prevent their final action IL
q, trre that precedent has been estabishou teIe' "
h sisoust OF the better classes OF people, Ihde "o
Malta will corrupt and deter uries from rehuens %
.s. vordcts but italy has no cause 10 compiai I''
49, ,,,,oe have not in good faith accepted the pro
visions Of Articles and of tire Treaty OF io'i III
STATE ~ the Union, by submitting themselves 10 to
49, ,,ors established, The introduction OF the
Nc. into louisiana which had been driven from
I,o,v "a not a compliance with inc cohuiuon'
- ,s,hmi,+~nc Themselves TO the laws there
ostabsbcd which entities the members of that deadly
Conspiracy to the protection of the Treaty Of 1911 II
g the laws established in the States and Ierrltoi'e,
that are q, be submitted TO- not the laws OF the oneo
states and that is the condition for granting te rs
- TOO .eso- IN the courts OF the States ana Ierr'orle
90 It,,ian ctyens as their chosen tribunals for pro
tectinr their rights OF person and property
There arc no states in Italy. They have sAW oo'
rovinces. under projects appointed by the Crown ans
the states mentioned in the treaty have specn
reference TO our sovereign states, while Tie des'sna
ton of Territories includes the Italian provinces s''
our National Territories as we'll III t,lS iespe.s ~"
oo.v is carefully framed TO express the evident IN
outstanding that right Of unobstructcd resort To NV
, | - - -. .lo 1tnIians crenter nrntcctlOI