New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-05
rsr CABLE TO THE TRTBUNE.f


:, the Italian Government that it can take no
not;oe of the distinction between Federal and
s,ate jurisdiction is clear. When. in 1871, it
no.de treaty with the United States, Italy
,ust he presumed to have known with whom IL
ras treating and under what form Of govern
r,snt the United States were organized. The
v;rcdom of Italy chose to enter into relations
uitb The sRepublic of the United States, and to
mako agreements with its Government, TO exact
,.rtain stipulations, and to assent to others in
rsturn II cannot now plead that 1t assumed
these solemn engagements in Ignorance of the
rights or Of the limitations of the rights apper-
tanning 10 the Power with whom 1t treated. No
dplomatist would argue that it was now open to
the United States to allege should occasion arise,
that it then believed Italy to be republic or
an absolute despotism. When Florence poisoned
her American guests by scandalous neglect OF her
dainage-it was only the other day-thc United
States did not ask King Humbert TO proceed
against the authorities, or to make good drains
himself. nor even suggest that an indemnity was
due to the families of dead Americans. The
American Minister did not ask for his passports
No more is it open TO Italy to allege that she sup
posed the Federal Government at Washington to
have plenary authority over Louisiana. or to I've
assuming in 1871 obligations which she had
no power to fulfil.
The contracting parties stand upon an equality
Italy is a constitutional monarchy; the United
States q constitutional republic. We cannot call
upon King Humbert to proceed without regard
TO constitution or law against any of his subjects
who offend us, to exile or to hang or to fine
them otherwise than by due process of established
law The demand would be absurd. Equally
absurd is it for the King of Italy TO demand
redress for injuries to Italian subjects in the United
States without regard TO the Constitution or the
law Of the United States. The Treaty OF 1871
Is to be interpreted like all other treaties with
reference TO the powers and obligations OF the
parties to it at the time it was made. So inter
preted, the present claim of Italy falls to the
ground It is a claim that the Government at
washington should accept an obligation which did
not and could not exist when the treaty was
signed and ratified. In every treaty it is an i'm
Piled condition that the execution of it must be
consistent with the fundamental law of the State
making the treaty.
The argument may be stated still more strongly.
It Is laid down by the writers on international
law that where, after the conclusion of treaty,
the internal constitution Of either Government
is so changed as to render the treaty napplicable
the treaty even if perpetual in terms expires as
o matter of course. 1t would, fortiori, be in
operative in so far os it was inapplcable. Under
the Constitution existing when the treaty was
made Italy supposes the United States to have
agreed to do what, by the terms of the Consti-
tuition, she is unable to do Such an agreement
if made-which we, Of course, deny-would be
void from the beginning If the Government at
Washington had undertaken by treaty to coerce
Louisiana, to control her tribunals, to interfere
with the local administration of justice, no such
treaty would ever have been held valid by the
Supreme Court. by any international au-
thority Yet this is precisely what Italy now
claims
These considerations, obvious as they are de-
cisve as they are have been left out of view in the
discussions of the New-Orleans incident by Euro
pean writers. The tone of discussion in the ltal-
ian press has too often, unhappily, been fippant
We shall probably attach too much Importance
TO quotations from such journals as the Popolo
Romano" and the "Fanfula." They are not
serious journals 1t has TO be said Of the Italian
press, as whole, that it does not well represent
the Intelligence and sincerity Of the Italian people
Their papers are not we'll informed, not able
not in the habit of discussing grave questions
with authority or on the basis of principle. If"
says the PopolO Romano" which is the leading
organ of the Opposition, we cannot obtain the
solemn rights which one great people owes to
another we will at least allow ourselves the salts
faction of turning away from Italian shores Arer-
can vessels loaded with wheat which come to
glut our markets. and return TO the Yankee breed
ers their meat infected as il is with trichnosis"
Some of the other Italian journals write more
decently than this; some of them with soberness
and sense of responsibility none of them
weightly or with much knowledge of the ques-
tons at issue
The discussion, of course, goes on in every
European capital On the whole, European opin-
Ion sides with Italy and against the United States
out 1t does SO OH grounds which are not merely
general but vague. The journals of Vienna, Of
Paris of Berlin, take little account of the condi-
tons under which the Government at Washington
exists They argue from a purely European
point OF view. They assume the existence of obliga
lions which they call upon US to discharge. If
there be European capital where one might cX-
pect some rudinentaTy knowledge of American
constitutional law to be shown, il is London but
the expectation is vain. The English press de-
bate the matter at great length They are not
hostile to us. They are not, or do not mean to
be, partisans of Italy. But what these English
papers say is in truth hardly germane to the real
question, because they will not be at the trouble
TO inform themselves, will not accept the facts.
These writers live under unwritten constitu-
ton, elastic enough to be capable of almost any
Interpretation which the convenience of the mo-
ment may require. They cannot understand that
written instrument cannot be pulled about to
suit the exigencies of politics or the caprice Of
foreigners. They would not treat even their own
as they ask US to treat ours
Napoleon used 10 address to England the most
peremptory demands:
Turn the Bourbons out of England. Silence
your press If that is against your constitution,
so much the worse for your constitution, much
the worse for you There are principles Of the
laws Of Nations which override the laws of
States Change your Fundamental law Sup;
the right of asylum. ] have but a poor opinion
OF Government which has no power to prevent
things displeasing to foreign Governments"