The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1891-04-11


with which the Government of the
United States receives the intelligence
of Baron Flava's speedy departure
from this capital. Though he has
more than once intimated this pnr-
pose, The Government of the United
States has been unable 10 see adequate
reasons for such step. The Baron's
services here for the past ten years
have been distinguished At all times
by the most agreeable relations with
the Executive Department. of this
Governments. The regret al his leav-
ing is enhanced when, as the Presi-
dent believes. he has been recalled
under a miSapprehension of facts by
the Government of Italy.
The cause of his sundering his dip
lomaEic relations with this Govern
ment is thus given in his note: 1.-The
repara;ion demanded by the govern
ment of the King. as have had the
honor to inform you in our interviews
held during the past few days, were
to consist of the following points:
ssFirst-Oficial assurance by the
Federal Government that The guilty
parties should be brought TO justice.
.sSecond-By recognition in princi-
pie that an indemnity is due 10 the
relatives OF the victims"
The first demand stated by Baron
Flava is slightly changed in phrase
from that employed by him in his
many verbal requests, based on
telegram from Marquis Rudini, which
he lefl with me. Marquis Rudini de-
clared that "Italy's right TO demand
and to obtain punishment of the muir
derers aud indemnity for the victims
Is unquestionable." II Is inferred
that Baron Flava's change OF phrase
meant no change of demand. [ have
endeavored TO impress upon him IN
the several personal interviews with
which ne has honorei ME, that the
Government of the UniIed States is
utterly unable to give the assurance
which the Marquis has demanded.
Even IL the National Government had
entire jurisdiction over the alleged
murderers. it could not give assur-
snce to any foreign power that they
should be punished. The President
is unable 10 see how any government
could justly give assurance of this
character in advance OF trial and
verdict Of Guilty" In the Consii-
tuition OF the United States il is de-
clared that "In all criminal prosecu
tons the accused shall enjoy the right
of a speed v and public trial by an
impartial jury of the State and dis
trict where the crime shall have been
com mitted." II needs no argument
to prove that jury could not be i'm
partial il it were, in any sense, or to
any degree, bound before the trial OF
the accused, by an assurance which
the President of the United States had
ventured 10 give a foreign power. In
the Constitution of the State OF Louis
lana, under whose immediate juris.
diction the crimes were committed,
substantially the same provision Is
found, so the Governor of that State
would be as unable to give a pledge
in advance for the result of trial
under the State law as the President
would be, were 1t practicable TO try
the leaders of the mob under the laws
of the United States.
In Baron Flava's second point he
demands recognition in principle that
indemnity is due TO the relatives of
the victims. He is assuredly under
q grave error when he declares that
the United States Government decliu-
ed TO take this demand into consid-
Grafton, and / shall regret if he has
communicated such a conclusion to
your government. The United States
so far from refusing, has distinctly
recognized the principle of indemnity
to those Italian subjects who may
have been wronged by violation of
the rights secured TO them under the
treaty with the United States OF Feb
%, 1871. have repeatedly given
to Baron Flava assurance that, under
the direction of the President, all the
facts and incidents of the unhappy
tragedy at New Orleans on the 18th
of March last should be most thor
oughly investigated. I have also in
formed him that In matter of so
much gravity the Government OF the
United States would not permit itself
To be unduly hurried, nor will ii make
answer to any demand until every
fact essential to a correct judgment
shall have been fully ascertained
through legal authority. The impa.
tience of the aggrieved may be nat
ural, but its indulgence does not al
ways secure he most substantial
justice.
Secretary Blaine has upheld the