The Globe-republican., 1891-04-22
ITALY ANSWERED.

ITALY ANSWERED.
ooeresafy DlAine's Reply to Italy's Dsnnand
The 00vefnment Not Committed 70 Pay
Indemnity Until the vlolAtion Of the
Treaty ID Proven.
WASHINGTON, April 16-Following b
the reply of Secretary Blaine to the
Italian government:
The Marquis Imperiali, Charge 'Affaire1 etc:
DEPARTMENT OF STATE. Washington. D. c.,
April 1A-Sir: I have the honor to acknowl.
day, April 2, 1881 ItcOntains a second tele.
gram from the Marquis Rudini, a part of
which here quote: The government Of
the king OF Italy has asked nothing beyond
She promp: institution Of judicial proceed
ings through the regular channels It would
have been absurd to claim the punishment
TO the guilty parties without the warrant Of
regular judgment The Italian governments
now repeats the same demand. Not until
the federal government shall have explicitly
declared that the aforesaid proceedings shall
be promptly begun can the diplomatic moi.
dent be considered as closed"
This government certainly had no desire
whatever to change the meaning of the Ear.
Quis RudinI's telegram of March - 1t was
delivered at the state department by Baron
Fava in person. written in his own hand and
expressed in the English language. The fol-
lowing is the full text of the telegram:
italian Minister. Washington:
ZONE. March ~, lsSl.-Our requests TO the
federal government are very simple. Some
italian subjects acquitted by the American
magistrates have been murdered in prison
while under the immediate protection OF the
authorities Onr right. therefore. to demand
snd obtain tie punishment Of the MURDERER and
IN indemnity for the rictinas l. objectionable
wish to add that the public opinion in Italy
is justly inpatient and IL CONCRETE provis-
ions were not at once taken should md
myself In the painful necessity OF show n2
openly our dissatisfaction by recalling the
minister OF his majesty from a country where
he 10 unable to obtain justice RUDIxL
The words underscored are precisely those
which quoted in my former note and am
directed by the president to express the sa:.
isfaction of this government with the very
material qualification OF the demand made
BY the Marquis Rrdini on behalf OF the Ital.
ian government
You quote in your note another part Of the
Marquis di Rudini's telegram Of April 2 in
these words: Meanwhile his majesty's gov.
ernment takes note Of the declaration where.
by the federal government recognizes that
an indemnity - due TO the families Of the
victims in virtue OF the treaty in force be-
tween the two countries-" II the Marquis
Rudni will carefully examine my note of
oznize that an indemnity is due to the fami.
lies OF the victims in virtue of the treaty in
in force between the two countries" What
did was in answer to Baron Fava's asser-
ton that the United States government re.
fused to take this demand for indemnity into
consideration. l quote my reply: 1.-THE
United States SO far from refusing has dis
tinctly recognized the principle Of indemnity
to those Italian subjects who may hare been
rronged by q rio1ation Of the rights secured to
them under TIE treaty With the United States
concluded February &c, 1871"
The Marquis Rudini may be assured that
the United states would recompense every
Italian subject Who might be wronged by
violation OF a treaty to which the faith OF the
leaves unsettled the important question
whether the treaty has been violated
MIR. Blaine then refers to the Spanish
riot case under President Fillmore,
which was handled by Mr.. Webster, as
secretary of state, and concludes:
As soon as possible after the lamentabie
occurrence at New Orleans the president d.
rected the attorney general to cause through
his department full inquiry to be made in
to all the facts connected Herewith, and
solicited his opinion whether any criminal
proceedings would lie under the federal laws
in the federal courts against persons charged
with the XII ling of italian subjects. He has
not yet received the official report. II IL be
found that q prosecution can be maintained
under the statutes of the United States
the case will be presented to the next
grand jury according to the usual methods
of criminal administration. But il IL should
be found a. seems probable, that criminal
proceedings can only be taken in the courts
Of louisiana, the president can in this direc-
ton do no more than to urge upon the state
off no dnfv Of " hri ho
offenders to trial. This was done in his tele
gram 70 the governor Of Louisiana as early
as March Is. II it shall result that the case
can be prosecuted only in the state courts Of
Louisiana, and the usual judicial investiga
ton and procedure under the criminal law
is not resorted to, it will then be the duty Of
the United States to consider whether some
other form OF redress may be asked. 1t is
understood that the state grand jury il now
investigating the ali air and, while it is pos
sible that the jury may fail to present In
dictments. the United States cannot assume
that such will be the case.
The United States did not by the treaty
with Italy become the insurer OF the lives or
property of Italian subjects resident within
our territory. No g ,vernment is able, how
ever high its civilization, however vigilant
its police supervision, however severe its
criminal code and however prompt and in
infiexible its criminal administration, to Sc
cure its own citizens against violence pro.
NOTED by individual malice or by sudden
popular tumult The fore ;gn resident must
be content in such case TO share the same
redress that is offered bv the law to the cit!- |
gen, and has no just cause of complaint OF
right to ask the interposition OF his country
il the courts are equally open to him for the !
redress of his injuries.
The treaty in the first second third and |
notably in the twenty third articles clearly |
limits the rights guaranteed to the citizens |
of the contracting powers in the territory OF |
each to equal treatment and to free access &c |
the courts of Justice. Foreign residents are |
not favored class It is not belle we'd that |
Italy would desire more stringent constrHc.
tion OF her duty under the treaty. Where !
the injury inflicted upon a foreign resident
is not the act Of the government or of its
officers, but Of an individual or OF a mob, IL is
not believed that claim for indemnity con
justly be made unless il shall be made 20 ap-
pear that the public authorities charged With
the peace of the community have connived
at the unlawful act or having timely notice
Of the threatened danger have been guiltyfof
such gross negligence in the taking of the
nivance II, therefore, Il should appear that
among those killed by the mob at New Or
leans there were some Italian subjects ho
we're resident or domicied In that city, |
agreeably to our treaty with Italy and not in
~.