Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-04-16
GROVE. March y. 1891
Italian Minister, Washington:

are very simple Some Italian subjects
acquitted by the American magistrates
have been murdered IN prison while under
the immediate protection Of the authorities.
our right therefore ~ demand and obtain the
punishment 0f the mUrdcrcrS, and an indcm-
rity for the UicthmS is irlqicStiOHdbic / wish
10 add that the public opinion in Italy is
Justly impatient, and if concrete provisions
were not at once taken ] should lind myself
in the painful necessity of showing openly
our dissatisfaction by recalling the Minister
of His Majesty from country where he is
unable to obtain justice
Signed. huplNL
The words underScored are precisely
those which quoted in my former note,
and | am directed by the President TO
EXPRESS the satisfaction Of this govern
ment with the very material qualiiica-
tion of the demand made by the Mar
quis Rudini, on behalf of the Italian
government.
You quote in your note another part
OF the Marquis Rudini's telegram Of
April ,, in these words: Meanwhile
His MajeSty's government takes note OF
the declaration where the Federal gov
ernment recognizes that au indemnity
is due to the families of the victims in
virtue Of the treaty in force between
the two countries
If the Marquis Rudini will carefully
examine my note Of April l, he Will dis
cover that | did not "recognize that an
indemnity is due to the families OF the
victims in virtue OF the treaty in force
between the two countries. what !
did say was in answer TO Baron Fava'S
assertion that the United States govern
ment refused to take this demand for
indemnity into consideration. ! quote
my reply:
"The United States, so FAR from re-
fuSing this, distinctly recognized the
principle of indemnity Of those Italian
subjects. who may have been wronged
by violation of the rights secured to
them under the treaty with the nlted
States. concluded February 26, 1891.
The Marquis Rudini may be assured
that the United States lrOuld rccompcnSe
ere,1J Italian subject jrhO might be
lrronged bu q pioldtiOn of Il treaty. TO
which the faith OF the United States is
pledged. But this assurance leaves un-
settled the question whether the treaty
mas been violated upon this point. The
President with sufficient facts placed
before him has taken full time for deci-
sion. He now directs that certain con
sderations on the general subject be
submitted to the iudgmentof the Italian
government.
As a precedent Of great value the
President recalls the conclusion main
tained by Mr.. Webster in 1881, when he
was Secretary OF State under President
Fillmore. In August OF that year MOB
in New Orleans demolished the building
In which the office Of the Spanish Con-
sui was located, and attacked shops kept
by SpaniardS, being angered by news OF
the execution Of fifty Americans In ha-
Vana.
Mr.. Webster admitted that the Span
ish Consul was entitled to indemnity.
But when pressed ty the Spanish Min
lister to afford indemnity to Spanish sub
iects injured by the mob in common
with American citizens Mr.. w eosier
declined to accede TO the demand ana
maintained the rights of a public officer
were vastly different from those OF q
subject,
Two years after, IN recognition oI
certain magnanimouS conduct on the
part Of the Queen Of Spain, in pardonS
bestowed on Americans, the Spanish
subjects were indemnifed for the losses
sustained.
The widows and children Of citizens
who lost their iges b. mob yiolenee.
NAV sue the leaders and members OF the
mob only in the Courts OF the StateEof
Louisiana: while the widows and chill
dren OF the Italian subjects who suffered
death have the right to sue each mem-
ber OF the mob, not only IL the state
Courts. but also before the Federal
tribunals for the District Of Louisiana.
II It bs foRnd that ProgecAtlsn essn
be maintained under the statutes OF tie
United States, the case will be pre-
Sented to the next grand jury according
To the usual methods Of criminal admin
istration. But II it shall be found, a:
seems probable, that criminal proceed
ings can only be taken in the courts OF
Louisiana, the President can in this di
rection do no more than To urge upon