Waterbury evening Democrat., 1891-04-16
ITALY IS ANSWERED
Secretary Blaine Sends a Firm
 Reply to Rudini.
OUR POSITION CLEARLY STATED.
The United States Does Not Insure the
 Lives of Italy's Subjects.


 ed Proof that We Violated the Treaty
 with Italy King Humbcrt Will Have to
 Wait and Hear from Louisiana.
 WASHINGTON, April 16.-The second chapter of the diplomatic correspondence relating to the Italian incident is made public It consists of Premier Rudini's reply to Secretary Blaine's first letter, and of Secretary Blaine's reply to Italy's second demand. The letter has been fully discounted in these dispatches.
 Secretary Blaine's reply was furnished the Marquis Imperiali, in charge of the Italian Legation here, who immediately sent it by cable to Rome. Additional copies were made, and last night it was made public.
 Of course the important part of this correspondence is Secretary Blaine's letter. The Secretary has not withdrawn in the least from his original attitude in declar- ing that the law will take its course and cannot be hurried; that indemnities may be granted the families of the men killed at New Orleans in cases where it is proven that they were Italian subjects, and that the Federal government cannot trespass upon the prerogatives of the State.
 The letter is written in that bold and undaunted style for which the Secretary Is so well known. He corrects in an em- phatic manner, the attempt of Premier Rudini to place in his (Blaine's) previous letter language not used, and the mean ing for which there was not ground. He also calls the Premier's attention to the fact that when foreigners receive the benefit of the same laws that our own citizens do, they have the same recourse as our citizens for redress, and he backs up this line of reasoning by quoting the action taken by President Fillmore and Secretary Webster at the time the Span ish Consul at New Orleans was assaulted by a mob of Americans in August, 1851. He shows further that Spain then did not insist strenuously for an indemnity. The text of Secretary Blaine's letter is as fol- lows:
 Italy Will Have to Wait.
 As promptly as possible after the la mentable occurrence at New Orleans the President directed the Attorney General to cause through his department a full 1 inquiry to be made into all the facts con- nected herewith, and solicited his opin ion whether any criminal proceedings would lie under the Federal laws in the Federal Courts against persons charged | with the killing of Italian subjects. He | has not yet received the official report. | If it be found that prosecution can be maintained under the statutes of the 1 United States, the case will be presented to the next Grand Jury, according to the usual methods of criminal administra- tion. But if it shall be found, as seems probabl', that criminal proceedings can only be taken in the courts of Louisiana, the President can in this direction do no more than to urge upon the State officers the duty of promptly bringing the of lenders to trial This was done in his telegram to the Governor of Louisiana as early as March 15.
 If it shall result that the case can be prosecuted only in the State Courts of Louisiana, and the judicial investigation and procedure under the laws are not resorted to, it will then be the duty of the United States to consider whether some other form of redress may be asked. It Is understood that the State Grand Jury is now investigating the affair, and, while it is possible that the Grand Jury may fail to present indictments, the United States government cannot assume that such will be the case.
 Foreigners Not n Favored Glass.
 The United States did not by the treaty with Italy become the insurer of the lives or property of Italian subjects resident within our territory. No government is able, however high its civilization, how ever vigilant its police supervision, how ever severe its criminal code and however prompt and infleXible it's criminal admin istration, to secure its own citizens against violence promoted by individual malice CT by sudden popular tumult. The foreign resident must De content in such cases to share the same redress that is offered by the law to the citizen, and has no just cause of complaint, or right tC ask the interposition of his country, if
 the courts are equally open to him for
 the redress of his injuries
 The treaty in the first, second and |, third, and notably in the 23d, articles
 clearly limits the rights guaranteed tc
 the citizens of the contracting powers in 5 the territory of each to equal treatment and to free access to the courts of justice
 Foreign residents are not made favored s class It is not believed that Italy would
 desire Q more stringent construction ol - her duty under the treaty. Where the D injury inflicted upon a foreign resident
 Is not the act of the government, or o1 its officers, but of an individual or of $ ; mob, it is believed that no claim for in demnity can be justly made unless il
 shall be made to appear that the public !, authorities charged with the peace of th' Il community have connived at the unlaw '- tul act, or having timely notice of threat
 ened danger, have been guilty of sucl 6 gross negligence in taking the necessary
 precautions as to amount to connivance
 The Question of Indemnity. l. If, therefore, it should appear tha l- nmong those killed by the mob at New
 Orleans there were some Italian subjects n who were resident or domiciled in tha n city, agreeable to our treaty with Italy
 and not in violation of our immigration l. laws, and who were abiding in the peac
 of the United States and obeying the law = thereof and of the State of Louisiana, ant le that the public officers charged with tn in duty of protecting life and property il
 that city connived at the work of tn '. mob, or upon proper notice or informa ,e tion of the threatened danger, failed t Tt take any steps for the preservation of tn I'd public peace, and afterwards to bring tn " guilty to trial, the President would, un D. der such circumstances, feel that a cas
 was established that should be submit d k~a 4n +I,o consideration of rop0 p0rasS viii