The morning call., 1891-04-16
BLAINE'S REPLY.
In Answer to Rudini'S Last
Note Forwarded.
The Right Of Italian Subjects to Indemnity
Thoroughly Discussed.
Families Of the Victims Of the New Orleans
Tragedy Should Seek Redress
Through the Courts.

Through the Courts.
Special TO TINE MORNING CALL
WARRINGTON, April 15.-Following IS the
correspondence between Secretary Blaine
and the Italian Government since the Secre-
tary's note to Marquis Imperial acknOwl-
edging his notice of Baron Fava's departure:
ROYAL LEGATION OF ITALY,
WASHINGTON, April 2, 1891
Secretary Of state: 1 hasten 10 acknowledge
The receipt OF the note whlchyou EXcelency did
me the honor to address to me on the 1st lnst
in reply 10 that whereby Baron Fava Informed
you OF his departure on leave. have laid The
contents Of your Excellency's aforesaid note be-
fore Tie Government Of the King, and his Excel
lency, the President Of the Council and his
Maj-sty's Minister Of Foreign Affairs has just
directed me 10 address the following cOmmun lea
tlon 10 you: The Government OF the King of
Italy Las asked nothing beyond Tie prompt lnstl-
tulion Of judicial proceedings through tile regu-
lar channels. II would have been absurd TO
claim the punishment Of tie guilty parties with
Out the ant OF a regular judgment. The
italian Government now repeats the same de-
mRnd. Not until the Federal Government shall
uHNt GAp4lClA QtNldltu lldL luS hlOlcsdlu plO-
ceedipgs shall be pTomItly begun can the dplo-
matte incident be considered as closed"
Meanwhile lIs MaJesiy's Government takes
note OF the declaration Whereby tie Federal
Government recognized that indemnity is due
TO the fam es OF the victims by virtue OF the
treaty Ia force between the two countries. l
have, therefore, the honor 10 brug the lore
going to Tie knowledge Of your EXcelency, and
I avail mvseli Of this occasion TO offer you, as
Secretary OF Stale assurances OF my highestaud
most respectful consideration. IMPERIALI.
To his Excelency, James G. Blaine Secretary
Of State.
BLAINE's REPLY.
DEPARTMENT OF STATE,
WASHINGTON, April II, 1891.
The Marquis Impsrtd3, thd{ge d,AgtiTes
receipt Of your note dat Thursday, April I'd.
Il contains second telegram from Marquis Ru-
dui, part Of which here quote; Tie Govern
meut of the King Of Italy has asked nothing be-
yond the prompt institution OF judicial proceed
ings through the Ieguiss channels. II would
have been absurd TO claim tue punishment OF the
gpilty TRIties without the wsFfant Of a regular
judgment The Italian Government nOw repeats
lie same demand. Not Until the Federal Gov
eminent shall have explicitly declared that The
aforesaid proceedings shall be promptly begun
can the diplomatic incident be considered as
This G Government certainly bad no desire what
ever 10 change tie meaning OF Marquis RuGlnl's
Telegram OF March 24th. II was delivered at the
State Department by Baron Faya III person,
written In his own hand and expressed in the
EugiiSh languag-. Following Is tie full text OF
DI RUDINI,s DEMAND.
RoME. March %, 1891.
IGltGn- A9aiser, Washington: our requests to
the Federal Government very simple. Some
Italian subjects SnU were acquitted by American
rna-istrates have been murdered In lIr.Sol while
under The immediate protection Of the authorities
Our l. therefore, % demand and obfGte to pun
isiGssat of ne 1urdercrs aEd an aaea,RHg n5T the
picfja3s, 5.4,;e5tcyabie. wish add that public
opinion IL ltaly IS lgsiF iHrrteaf ard Il des'ded
sters we're nor at once taken ho1id hnd m self N
The IaluIut necessity OF Showing ulSsAES
action by recalling the Minister Of his Majesty
from country where he is unable TO obtain Justice
RUDINL
MIsTSTERPRETED HIS MEANING.
The words uuderseOred are precisely those
which quoted Ia my former note, and / am d.
Tecled by lie President TO express The satiSfac-
tiOn OF Ills Government with the very maleTid
oual!Geaton Of The demand made by tine Mar
quiS Rudin on behalf Of he Italian Government.
Quis RudinPs telegram Of Apill 2d, in these
words: 'Meanw hila his Maiesty's Government
takes note Of the declaration whereby the Fed
eraI government recognizes thai indemnify IS
due 10 The families OF the victims by virtue OF the
treaty in force between The IwO countries. II
The Marquis Rudinl VIII carefully examine my
nCte OF Apfil Isl, lie viii discover that ! did not
recognize that indemnify is due 10 families Of
the victims IN ytftur of The treaty in force be-
tween the two countries What did say
in answer TO Baron Favas assertions that the |
United States Government refused 10 take this |
demand for indemnity into consideration.
WHAT HE DID SAY.
81 quote my reply: The United States, so far |
from refusing has distinctly recognized the prln- |
ciple OF indemnity 10 those Italian subjects who
may have been wrOnged by violation OF the |
rights secured 10 lhepI under the treaty with tile
United States. concluded Fe bruary 26, 1871
Marquis RudIni may be assured that the |
United States would recompense every Italian |
subiec who might be wrouged by violation Of |
the treaty 10 which the fam OF the United |
States Is pledged, but this assurance leaves un- I!
settled the important question whether the |
treaty has been violated. Upon this point the !
President with sufficient facts placed before |
him. taken fut for his decision. He |
directs that certain considerations ID the
general subject be submitted 10 The Judgment OF
VALUABLE PRECEDENT.
"As a precedent of great value to the case un-
der discussion, ihe President recalls he cOnclu-
sion maintained by Webster as Secretary Of
State ia SOL. In August OF that year mob IN
New Orleans demolished building In which the
Office Of the Spanish Consul was located, and at
lie same time attacks were made upon The cOf. |
tee-houses and ciGar-shOps kept by Spanish sub
iects. American citizens were involved in the |
losses, which, 10 tie aggregate. were large. The |
supposed cause OF the mob was intelligence OF |
Tie execution OF nifty young Americans in Ha- !
Vana and the banishment TO the Spanish mines |
Of nearly 200 citizens OF the United States. The
victims were all members Of the abOrtlve Lopez |
eG edition. In consequence of these depreda-
tions Of the mob uDon Ihe property of the Span
lSh Consul, as well as against Spanish subjects,
Don CalderOn de la Parcd, the Minister Of Spain,
demanded decentralization for all losses, both Of
hclal and personal.
WEBSTER's PROMISE.
"Webster admitted that the Spanish Consul |
was entitled TO indemnify. and assured the Span
ish Minis er that If the Injured Consul, Laborde,
shall return to bis Ost, or any other Consul for
New Orleans shall be appointed by her CathO- |
lie Majcsty's Government, the officers of This |
sIucted TO receive and treat him with courtesy. |
aud with national salute 10 the flag Of his ship
ifhe shall arrive IN Spanish vessel, as a demon. |
StratiOn Of resp CT such as may signify 10 him |
aud TO his Government The sense entertained by |
The Government Of The United States OF the gross |
Injustice done TO his predecessor by lawiess |
> ffwnff ann inNU uff rid
by It 10 foreign state with which the United |
States is, and wishes ever to remain, on terms
OF most respectful and pacific iutercourse.'
RIGHTS OF FOREIGN RESIDENTS.
"BUt when pressed by the spanish Minister to
afford indemnify TO The Spanish subjects injured |
by The mob In common with American citizens,
Webster declined to accede to The demands |
aud gave his reasons as follows: This Govern. |
ment suppOses that the rights Of the Spanish
pToIec lou OF the United States, are quite differ. |
ent from those Of Spanish subjects, who have |
come into The country TO mtnRle with our own |
citizens, and are bere 10 pursue their private |
business and objects. The former may claim |
special indemnify; the latter are entitled TO |
such protection as is afforded TO our own eItt-
Zens. While thel efOre, the losses to individuals, |
private Spanish subjects, are greatly 10 be re-
grelted, yet II Il understood That many American
citizens suffered equal losses from The same /
cause and hose private individuals, subjects OF
her Catholic Majesty, coming voluntarily 10 re-
side in the United States, have certainly no
cause OF complaint II they are projected by the
same laws and the same administration OF the
law as natlye-born citizens OF this country. They
have, in fact some advantages over citizens OF
the Stale In which they happen 10 be, inasmuch
as they are enabled, until they become citizens
themselves, to prosecute for any iDjuiies done TO
Their persons OF property 10 the courts OF The
United States or the State courts at their elec-
tion.'
UNIDENTIFIED BY CONGRESS.
Ut Is proper, however. TO add that two years
later C0ngess III recognition of certain magnanf.
nous conduct on the part Of the Qneen OF Spain,
IN paroons bestowed upon Americans VINO had |
unjust lably Invaded the island Of (nha enacted
joint resolution lndemnifying the Spanish Con.
sul and other Spanish subjects for the losses sls.
tained. 1t was held however not TO contrayene
Tie original position OF Webster, which was
shared also by President Fillmore. The light
TO judicial remedy which Webster assured 10 |
Spanish subjects is likewise assured TO ItIlIan |
subjects. This right Is specially guaranteed In
the second section OF the third article Of tue Con-
slliulIOn, and as Webster points out, resident
alien has a privilege which Is denied TO he cir |