The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1891-04-24
ITALY Answered.

Indemnity Until the Violation OF the
WAsHrNGrON, April 16.-Folloyving Is
the reply OF Secretary Blaine to the
Italian governments
The Marquis IInperiai3, Charge 'Afiaires. etes
DEPARTMENT or STATE. Washington, d c.
April 1A-Sir. have the honor to acknOvFI-
edge the receipt of your note dated Thurs
DAY, April 2 1881. Itconsains a second tele-
r. Of
which 7 here quote: ''The government OF
the King OF Italz has asked nothing beyond
the prompt institution Of judicial proceed
ings through the regular channels it would
have been sbzurd TO claim the punishmene
70 the guilty parties without the warrant OF
a regular Judgment. The italian government
now repeats the same demand Not until
the federal government shall have explicitly
declared that the aforesaid proceedings shatA
be promptly begun can the diplomatic incl
dent be considered as ciosed.'
This governments certainly had no desire
whatever to change the meaning OF the Mar
quis Rudini's telegram of March a. It was
delivered at the state departments 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;
ROME, March q, lSS1--Our requests to the
federal governments are very SIMPLE. Some
Italian SUBJECTS acquitted by the American
magistrates have been murdered in prison
while under the Immediate protection of the
authorities Oar right, therefore, TO demand
and obtain the pltlfshHseHt ar Che HsurdeTers and
indemnity for the vietWs IS tnqlsestiORGbis-
wish to add that the public opinion ia Italy
Is justly impatient and II concrete provIs-
ions were not at once taken I should Ind
myself in the painful necessity of show ing
openly our dissatisfaction by recalling the
minister of his majesty from a country where
he is unable to obtain justice RUDISL
The words underscOred are precisely those
which quoted In my former note and am
directed by the president to express the sat
isfactiOn OF this governments with the very
material qualification OF the demand made
by the Marquis Rudtnt on behalf OF the tai
ian government
You quote In your note another part OF the
Marquis di RudinPs telegram of April in
these Meanwhile "
eminent takes Ote OF the declaration where
by the federal government recognizes that
indemnity is due to the families OF the
Victims in virtue of the treaty IN force be-
tween the two countries" II the Marquis
Rudini will carefully examine my note OF
April he will discover that did not rec
Ognize that Rn indemnity is due to the fami-
Hes of the victims in virtue of the treaty in
In force between the two countries What
did was ia answer TO Baron Fava's asser-
ton that the United States government re-
FUSED 20 take this demand Tor indemnity into
consideration. quote my reply: 1.-THE
United States so far from refusing has dis
tinctly recognized the principle of indemnity
s0TOnged 6y violation Of F7se rights secured to
them alder the treaty s0ith the United States
concluded February 30, 1871"
The Marquis Rudini may be assured that
the United States would recompense every
violation OF a treaty to which the faith of the
United States Is pledged. But this assurance
leaves unsettled the Important question
whether the treaty has been violated
Mr.. Blaine then refers to the Spanish
riot case under President Fillmore
which was handled by Mr.. Webster, "a
secretary Of state, and concludes:
As soon as possible after the lamentabls
occurrence at New Orleans the president d.
rected the attorney general to cause through
his department a 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 killing of Italian subjects. He mas
not yet received the official report. If it be
found that a prosecution can be maintained
under the statutes OF the United states
the case viii be presented to the next
grand jury, according to the usual methods
or criminal administration. But IL 1t should
be found, as seems probable, that criminal
proceedings can only be taken in the courts
OF Louisiana the president can in this dtrec-
ton do no more than TO urge upon the state
officers the duty OF promptly bringing the
offenders to trial. This was done in his tele-
gram to the governor of louisiana as early
as March Is. If 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 10, 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 is now
investigating the ana and, while 1t is pos
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 governments is able, how
ever high its civilization, however vigiIant
it's police supervision, however severe its
criminal code and however prompt and in
inf1eXibIe its criminal admin istrHtion, TO
cure it's own citizens against violence pro-
NOTED by Individual malice or by sudden
popular tumulE The foreign resident must
be content ia such case TO share the same
redress that is offered by the law to the Citi-
zen, ana has no just cause of complaint or
right TO ask the interpolation 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 SnirC 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 to
the courts Of justice Foreign residents are
not favored class It is not believed that
Italy would desire more stringent construc-
ton OF her duty under the treaty. Where
the injury indicted upon a foreign resident
t. not the act OF the government its
officers, but OF an Individual or OF a mob, IL is
not believed that claim for Indemnity can
justly be made unless IL shall be made to ap-
pear that the public authorities charged With
IN. %. IN. ~