The Indianapolis journal., 1891-04-03
OUR TREATY WITH ITALY.
Provision on Which Di RsidfDi's Claim
Based Deemed of Little Force.

Provision Which Di Rsidini's Claim Is
Based Deemed of Little Force.
WASHINGTON. April 2.--The Post says:
The treaty with Italy, to which Baron
Fava alludes in his letter to Secretary
Blaine, was negotiated at Florence in 1871.
1t is quite a lengthy document and con-
tains the following interesting paragraph:
Article XXI-If by any fatality which cannot
be expected, and which, may God avert, the two
contesting parties should be engaged in war
with each other, they have agreed and do agree.
for then, that there shall be allowed the
term of six months to the merchants of the
coast and in the ports of each other. and the
interior TO arrange their business and transport
their effects wherever they please with the safe
conduct necessary TO protect them and their
property until they arrive at the ports desig-
mated for their embarkation.
And all women and children, scholars of every
faculty, cultivators of the earth, artisans, me-
chanics, manufacturers and fishermen, unarmed
and inhabitIng the unfortified towns, villages
OF places, and, In general, all others whose
occupations for the common subsistence and
benefit OF mankind, shall he allowed To continue
their respective employments, and shall not be
moested in their persons, nor shall their house
3r goods be burned or otherwise destroyed nor
delds wasted by the armed force of the belliger-
ent in whose power. by the events Of war, they
may happen to fall; but, If ii be necessary that
anything should be taken from them for the use
of such belligerent. the same shall be paid for at
And it is declared that neither the pretense
that war dissolyes treaties. nor any other what
ever shall be considered as annulling or stIs-
pending this articles but. on the contrary. that
the state OF war is precisely that for which 1t is
provided, and during which its provisions are to
be sacredly observed, as the most acknowledged
obligations in the law OF nations
The existence of this article was not gen.
orally known by the diplomates and others
to whom 1t was shown last night. Even
such an experienced treaty maker as VIM.
III. Trescott said that be could not under
stand how 1t came to be inserted. and Rep
resentative McCreary, who has made n
study of all the treaties negotiated by this
government. said that 1t was the most re-
markable clause that had ever come within
his experience. IL do not like t. ay that
it is mere buncombe," he added, End yet
IL certainly would not stand moment in
case o. war, Notwithstanding all its solemn
and sacred protestations."
In diplomatic circles the article excited
the livehest interest. It was universally
agreed that 1t was not. for practical pur-
poses. worth the paper on which it was
written. There Is nothing in international
law to warrant 1t. and no government
could be expected to observe it after war
had been declared. 1t is one of those sen-
timental things that are occasionally Incor-
porated into diplomated documents, and
which are known TO be of no value even
by the contracting parties. The congress
of Paris in 1855 afforded an instance of this
In the agreement signed by all of the Euro
pean and many of the American nations to
tuc euoCb tuhb pIIfatctIiuB III War SnOui0
be abandoned. and that privateers should
be treated as pirates. The United States
refused to become party to this agree
ment on the ground that it did not propose
TO abandon privateering and would not
commit itself to policy IL did not favor
There were no conscientious scruples on
the part of the European powers, however
and the agreement was solemnly made. To-
day Italy, one of the parties TO the agree
ment, has aflarge feet constructed espe-
clally for privateering PURPOSES.
he Post will say. tomorrow. that it is
held by quite q number of international
lawyers that the right OF the federal gov
eminent TO negotiate treaties carries with
II the power TO carry out the treaty stipula-
lions, even If BY so doing it appears TO
override State authority. The article con-
tlnues: There is. however, no specific
statute TO this effect. and it is said on the
authority of a member of the Cabinet that
Congress. when 1t convenes. will enact a
law 10 designate how the fe6eral govern
ment shall act in a difficulty like the pres
ent.n