The record-union., 1891-04-03
THE WEEKLY UNION.
THE MISTAKE oF ITALY.

sustains it with such plausible argument
that not few of our own people are be-
wildered by it and are seriously asking
themselves If, after all, our constitu-
tional basis is weak, in that it gives all
power to the States in the matter of GRIM
against the Federal Government
Thus the Under Secretary of the Homo
Office at Rome says to our Minister: "a
nation that treats with another should be
able to protect the subjects of the other
power who come lawfully within its own
borders. Your Government confesses
that it cannot do so. 1t guarantees pro-
lection to Italian subjects in America
equal to that afforded American citizens,
but when called upon to make good its
guaranty it admits its inability to do so.'
Let us see just what there is in that
adroit argument. The treaty with Italy
provides that Italian subjects in America
shall have the same protection that is af-
forded to citizens of the United States,
and be advantaged by the same general
laws. Now, in the case of the New Or
leans tragedy, out of the prisoners killed,
eight-tenths were American citizens.
There was, therefore. in non-resistance to
the mob by the authorities, no discrimi-
nation in favor of Americans. They suf-
fered precisely as did the aliens-that is
to say, there wasno race assault, no seek
ing out by the mob of italian subjects
and sparing of citizens of the United
States.
But when Italy or any other country
with full knowledge of our system, with
no concealment of the fact that ours is all
indissoluble union OF sovereign States /;
that if, under such treaty, an alien comes
to the United States, he must per force
become subject to the laws of some State,
unless he enters a Territory. Now, this
knowledge being general and undeniable,
the alien is estopped from pleading that
that there is no central authority to bring
criminals to punishment who have in
vaded his rights. 1t all amounts TO this,
therefore: We give the alien precisely the
same protection that is accorded to our
own citizens. The alien therefore who
come among us voluntarily cannot COM
plain; it does not lie in his mouth to de-
mand special protection that is not ac-
corded 10 citizens. Nor is it the proper
part of Italian Cabinet officials TO pro-
nounce our system at fault in that it has
not the centralized power that attaches to
monarchy; it is our system, satisfac-
tory to US, has served us through all our
history, and to our present greatness, and
with becoming frankness we can say to
foreign powers that it was not built to
accommodate them or their ideas of what
constitutes guarantee. If, under the
American Constitution, their subjects
have not such freedom and protection as
pleases them, there is certainly nothing
whatever to compel them to come and
remain here. If in any other part of the
habitable globe they can find greater free
dom, broader liberty, better guarantees OF
happiness, prosperity and individual in
dependence. they should certainly seek
out the favored spot.
But there is still another phase of the
current debate that must not be lost
sight of-for, after all, this diplomatic
commotion is of high value in lbroaden-
ing knowledge of international law and
foreign relations-and that is, that the de-
mand of Italy as first presented was, that
the United States should pledge itself to
bring the offenders at New Orleans to
punishment. Subsequently, in reciting
the history of the communications, Baron
Fava quoted the demand as one for bring
ing the offenders TO Justice" The first
statement Of the demand, and which was
orally repeated, is that to which our Sec
tary of State replied when he said that
the United States could not give such an
assurance. He now adds, that even if the
offenders and the offense were wholly
within Federal jurisdiction, the Govern
ment could not guarantee punishment 81
This is so obviously true and would be SC
applicable in its truth TO any country
where the jury system obtains, that il
puts the Italian Government in making
sach demand in the most ridiculous at
titude. Baron Fava modified the phrase
in quoting it, substituting Justice fol
punishment" but the Secretary of State
very properly treats the change in inter
probation as no modification of the de-
mand.
In the matter of the demand for indem.
nifty, Mr.. Blaine gives flat contradiction
to Fava's report that the United State,
has refused to consider it, the fact being
that our Government distinctly recog-
nized the demand from the first, and was
waiting only for the full establishment o
the facts as to the alleged killingo Italian
subjects before communicating to Italy
basis Of adjustment.
Mr.. Blaine has responded to the heat o
the Italian representative in a dignifeC