St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-04-03
OUR TREATY WITH ITALY.
Discovery of a Singular Clause in
the Document.


WASHINGTON. April 2.-The treaty
with Italy, to which Baron Fava alludes
in his letter to Secretary Blaine, was
negotiated at Florence in 1871. 1t is
quite lengthy document and contains
the following interesting paragraph:
Article 21.-If, by any fatality which can
not be expected and which may God avert,
the two contracting parties should be en-
gagged in war with each other they have
agreed and do agree, now for then, that
there shall be allowed the term of six months
to the merchants on the coast and i'll the
ports of each other, and the term of one year
to those who dwell in 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 designated for
their embarkation. And all women and chill
dren, scholars of every faculty. cultivators of
the earth. artisans, mechanics, manufacture
ers and fishermen, unarmed and inhabiting
the unfortifed towns villages or places,
occupations are for the common
subsistence and benefit of mankind,
shall be allowed to continue their respective
employments and shall not be molested in
their persons. nor shall their houses or goods
be burnt or otherwise destroyed nor their
fieids wasted by the armed force of the bel
ligerent in whose power. by the events of
war, they may happen to fail; but, II 1t be
from them for the use of such belligerent
the same shall be paid for at a reasonable
price; and it is declared that neither the
pretense that war dissolves treaties, nor any
other whatever shall be considered as an
nulling or suspending this article; but, On
the contrary, that the state of war is precisely
that for which it is provided, and during
which its provisions are TO be sacredly OBJ
served us the most acknowledged obligation
in the law of nations.
The existence of this article was not
generally known by the diplomats and
others to whom 1t was shown last night.
Even such an experienced treaty maker
as William II. Prescott said that he
could not understand how it came TO be
inserted; and Representative McCreary,
who has made study OF all the treat
les negotiated by this government, said
that it was the most remarkable clause
that had ever come within his eXpe-
rlence.
Il do not like to say that it is mere bun
combe'' he added. land yet it certainly
would not stand moment in case of war.
Notwithstanding all its solemn and sacred
protestatlons.
In diplomatic circles the article ex-
cited the liveliest interest. 1t was uni
versally agreed that it was not. for
practical purposes, worth the paper on
which it was written. There is nothing
in international law to warrant it, and
no government could be expected to OBJ
serve it after war had been declared. 1t
is one of those sentimental things that
are occasionally incorporated into diplo-
matte documents, and 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 agree
ment signed by all of the European and
many of the American nations to the
<.Tf1 +I,oH tim ri in oh
be abandoned, and that privateers
should be treated as pirates. The
United States refused to become party
to this agreement, on the ground that it
did not propose to abandon prlvateer-
ing. and would not commit itself to
policy it did not favor. There were no
conscientious scruples on the part of
the European powers, however, and the
agreement was solemnIy made. To-day