Telegram-herald., 1891-03-18
HAS no CLAIM.
E1-Secretary Bayard Says Italy
Cannot Secure Indemnity.
The State Department. However. Is
Embarrassed Over the Situation
Feeling in Rome.

al New Orleans on Saturday.
said: Taxing the newspaper re-
ports OF this event. there Is no basis
upon which the Italian government
can place claim for indemnity. The
disturbance was purely local and there
was no afront offered 10 the representa-
tives OF the Italian government Meth
or was there any discrimination be-
tween the citizens of the United States
and those OF Italy Bad as II was, all
were used alike"
WASHINGTON, March II. - Secretary
Blaine, acting for the government of
the United States, is doing all in his
power 10 obtain for the Italian govern
ment whatever PREPARATION is due il for
the massacre which was committed in
New Orleans on Saturday, and on the
other hand Baron Fava, the Italian min
lister, while urging " hat he ecnceives To
b. the grievance of his government, is
doing all in his power TO soothe the ex-
cited feeling of his countrymen, both in
this country and at home; in this coun-
try especially. for it is the Italians il
this country that feel the hurt most, and
here where the violence has been begun
violence is most liable To be continued.
but there is some fear that resent
mcnt may break out into violence
against Americans in Italy. However,
the Italian government will take all
possible prccaution against an out
break against Americans in Italy, for
anything of that kind would
have a strong probability of re-
sulting in something like war, and
the Italian minister has called
upon all the Italian consuls in
the United States 10 use every means
TO pacify Italians in this country. An
organized outbreak of Italian violence
in this country would probably lead,
whatever the authorities might try to
do, 10 the Wholesale expulsion of all
! Italians from this country, if not TO
Wholesale massacre or to a war of ex-
| termination.
Baron Fava said on Monday that Sec
rotary Blaine had up to the present
| done all that could be done and he had
no doubt that all that could reasonably
| be expected or demanded would b.
| done by the United States government
TO fulfil the conditions of the treaty
with Italy.
The minister has sought and obtained
the best legal advice to be had in Wash-
ington. and it is learned that a good
deal of reliance is placed in section l,
article of the constitution. This Sec
ton reads:
''No person shall be held to answer for q cap
ital or otherwise infamous crime unlcss a
| prcsentment of grand jury. Nor shall
any person be subject for the same oncnse to
| be twice put in jeopardy of life or limb nor
shall be compelled In any criminal case TO he a
| witness against himself, nor be deprived OF life
| liberty or property without due process OF law"
1t is the last clause upon which the
Italians rely. They will hold that
three Italian subjects were in New Or
| leans on Saturday deprived of life with
out due process of law, and, while they
viii not ask more for the Italians than
is guaranteed to Americans, they will
/ hold that under this article of the con-
stitution the federal government
| guarantees every American citizen
| against lynching in any of the states
and that this article gives the federal
| government the right to interfere with
the state government in the interest of
| criminal justice.
But then on the other hand the fed
| eral government cannot deprive the
mob leaders of New Orleans Of trial
by jury of their peers and the re-
suit of their trial would probably af-
| ford very little satisfaction to Italian
sentiment. Article 3, of the constitu-
ton, says:
| THE trial OF all crimes except in cases OF i'm.
parchment 81 all b, by Jury and such trial shall
be held in the state where the said crimes shall
have beea committed"
These conditions guarantee the speedy
acquittal of the men who killed the
Mafans. Louisiana is evidently in no
humor to offer any apologies or any
concessions to Italy. and it is absolute
| ly out of the power of the United States
| government to give Italy any satisfac-
ton beyond appealing 10 the good
sense of the state authorities for the
| vindication of the laws and possibly a
| polite expression OF regret TO the
/ Italian government.
On all hands in official circles the
| killing is deeply dcplored, but as far as
! opinions expressed in diplomatic circles
| indicate the United States cannot in
any way he held responsible for the
| killing. IL is purely police matter Of
state jurisdiction. and il any indemnity
! is demanded il must be from the state
/ The demand, of course. will come
/ from the Italian government through
its minister resident and be transmit
ted Ia the governor of Louisiana
through the state department. That is
the diplomatic route. but it will not in
1 any way commit the United States 70
the paying Of an indemnity.
RoNE. March i7.-In the chamber of
deputies on Monday the Marquis di
4 Rudini. the Italian premier. replying
I 10 a question on the New Orleans
tragedy. said that President Harrison
had recognized the right of ltal-
ians in the United States TO
/ protection from the authorities, and
J that he had expressed profound regret
at the occurrence and had charged the
governor Of Louisiana to guard the
! Italian residents OF New Orleans and To
/ bring the assassins 20 justice The
premier added that the Inited States
minister here had called upon him
IN order 20 convey President Harri-
sons regrets 20 the Italian government.
Mr. Porter said that he trusted
/ the explanations he had furnished
/ would draw even closer the friendly re-
4 lations existing between Italy and the
n a