The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-04-02
Mr.. Hlaine's Reply.
DEPARTMENT OF STATE,
WASHINGTON. Anril

WASHINGTON, April /.
Marquis ImperiGk, Charge dAfdireS, etc ::
Sir-l have the honor TO acknowledge the
receipt of the note of yesterdays date from
Baron Fava, who left the Italian legation in
your charge l beg to geXpress the sincere
regret with which the government of the
United States receives the intelligence Of
Baron Fava's speedy departure from this
Capital. Though he has more than once in
timated this purpose, the government of the
United States is unable to see adequate rea-
sons for such step. The BarOn's service
here for the past 10 years has been distin-
guished at all times by the most agreeable re-
lations with Observation-Disclosures of this
government. The regret at his leaving Is
enhanced, when, as the President believes,
he has been recalled under a misapprehe en-
sion of facts by the government of Italy.
The cause uf his sundering his diplomatic
relations with this government is thus given
In his note: "The reparation demanded by
the government of the King. as l have had
the honor to inform you In our interviews
here during the last few days to consist OF
the following points:
1-Oficial assurance by the federal gov
ernment that the guilty parties shall be
brought to justice.
2-Recognition in principle that indemnity
is due the relatives Of the victims.
The first demand thus stated by Baron
Fava Is slightly changed in phrase from that
employed by him in his many verbel requests
based on a telegram from Marquis Rudini
which he left with me. The Mafquis Rudini
declared that ltaly's right to demand and OBJ
tain the punishment of murderers and in
demnity for the victims is unquestiouable
1t is inferred that Baron Fava's change Of
phrase meant no change of demand.
nave endeavored to impress upon him In
several personal interviews with which he
nGntrea fn;9e e. me that the government of the
assurance which the MARQUIS Rndini de.
manded. Even II the national government
had entire jurisdiction over the alleged mnr.
derers it could not give assurance to any for
elgn power that they, should be punished.
The President is unable to see how anv COW.
ernment could. justly give assurance Of This
character in ADVANCE OF the trial and the
verdict "guilty." 'Ao
In the constitution of the United States il
Is declared:
In al criminal the accused shall
impartial jury of the state and district wba ri gu
the crime was committed.
1t needs no argument to prove that the iurv
could not be impartial If 1t were in anv ssnsa
or any degree bound before the trial of tho
accused by any assurance which the Presi1
dent of the United States ventured to give a
foreign power.
In the constitution of the State of Jouisi-
ana. under whose immediate jurisdiction tha
crime was commltted' substantially the same
state would be as unable to give the pledge in
advance for the result of trial under the
state law as the President would be, were III il
| practicable to try the leaders of the mob mn
| der the laws Of the United States. "N-
In Baron Fava's second point he demands
recognition, in principle, that indemnitv is
| due the relatives of the victims He is os
| suredly under grave error when he decIapes
| that the United States Government declined
| to take this demand into consideration
[ shall regret II he communicated such con-
clusion to your. government. The ITnited 4 itni
States, SO far from refusing, has distinctlv
recognized the principle OF Indemnity to
| those Italian subjects who NAV be- wronged %
| by the violation of rights secured them 5n-
der the treaty with the United States of Feb.
ruary rs, 1871.
| ance that under the direction of the Presi-
dent, all facts and Incidents Connected with
the unhappy tragedy at New Orleans on the
| 14th of March last, should be most thorough-
| ly Investigated. L have also informed him
that in a matter Of such gravity the govern
ment Of the United States would not permit