The Brookhaven leader., 1891-04-23
ITALY ANSWERED.

the reply of Secretary Blaine to the
Italian government:
Tho Marquis I'm mperiali. Charge d d'Afalres, etc:
DEPARTMENT OF STATE. Washington. ID. o.,
April lE-Sir: have the honor to scknowl-
edge the receipt Of your note dated Thurs
day, April T. 1871 Itcontalns n second tele-
gram from the Marquis RudnI, a part of
which I here quote: "The government OF
the king of Italy has asked nothing BEYOND
the prompt institution OF judicial proceed.
lngs through the regular channels. 1t would
have been absurd to claim the punishment
70 the guilty parties without the warrant OF
a regular judgment. The Italian government
now repeats the same demand. Not until
the federal government shall have explicitly
declared that the aforesaid proceedings shall
he promptly begun can the diplomatic Incl
dent be considered as closed"
This government certainly had no desire
whatever to change the neaning of the Mar
quis RudinI's telegram OF March ~ 1t was
delivered at the state department by Baron
Fava in person, written In his own hand and
| expressed in the English language. The fol-
| lowing Is the full text of the telegram;
Italian Minister. Washington:
ROME, March "a, lSgl.-Our requests to the
| federal government are very .mple. Some
italian subjects acquitted by the American
ma agistrates have been murdered In prison
while under the immediate protection of the
authorities. Our right, therefore, 10 demand
and obtain the rUnishment Of the murd'reTs and
an indemnity for the rictms is Un9"esfiDnGble. 1
wish to add that the public opinion In Italy
| is Justly impatient and II concrete prOvls-
ions were not at once taken j should find
myself In the painful necessity of show ng
openly our dissatisfaction bv recalling the
minister of his majesty from country where
he ts unable to obtain just ce- RUDINL
The words under scored are precisely those
which quoted in my former note and am
directed by the president to express the sat
isfaction of this government tn tho very
material qualification of the demand made
by the Marquis Rudni on behalf OF the ltal-
ian government
You quote in your nOt9 another part OF the
Marquis dl Rudini's telegram OF April in
these words: Meanwhile his majesty's gov
ernment takes note of the declaration "here-
by the federal government recognizes that
an indemnity is due to the families OF the
victims in virtue of the treaty in force be-
tween the two countries" II the Marquis
Rudin will carefully examine my note OF
April he will discover that I did not rec
ognize that an indemnity Is due to the farhi-
lies of the victims in virtue of the treaty IN
in force between tho two countries "hat
did was in answer to Baron Favas asser-
ton that the United states government re-
fused to take TN = demand for indemnity INTO
consideration. ] quote my reply: "Ihe
United States so far from refusing has dis
tinctly recognized the principle OF indemnify
to those Italian subjects rho may hare Ceen
wrongcd by a riolntfion of the rights secured to
them under the treaty Whh the Ln1ed StdteS
concluded February 20, 1871"
The Marquis Rudini may be assured that
the United States would recnmpcnsc every
Italian subject who might DO Wrongeu ny Il
violation OF a treaty to which the )aith OF tho
United States is pledged. But this assurance
leaves unsettled the important h'st'oh
whether the treaty has been violated
I,;x 10 fha SnanlSh
riot case under President Fillmore,
which was handled by Mr.. Webster, as
secretary of state, and concludes:
As soon as poss bic after the lamentable
occurrence at New Orleans the president d.
rected the attorney general TO cause through
his department full inquiry TO tie made IN
to all the facts connected Herewith, ana
solicited his opinion whether any crlnlhal
proc eedings would lie under the federal laws
in the feder al courts against persons charged
with the Xxi ling of Italian subjects. He has
not vet received the official report. IL II be
found that a prosecution can be maintained
under tho statutes of the United states
the case will be presented to the next
grand Jury. according to the usual methods
of criminal administration. But II it should
be found, a seems probable, that criminal
proceedings can on y BE- taken in the courts
of louisiana the president can in this drec-
ton do no more than to urge upon the state
officers the duty of pro nptly bringing the
offenders to trial This was done in his tfle'
gram to the governor of Louisiana as carly
as March Is. II it shall result that the case
can be prosecuted only in the state courts or
louisiana and the usual judicial inyestiga-
tion and procedure under the criminal law
is not resorted to, it will thin be the duty OF
the United Stat = to conf Ter whether some
other form of redress may be asked. IL Is
understood that the state grand jury is now
~, tl,a ,Tro onh NGh II
sible that the jury may fail to present in
dictments the United States cannot assume
that such will be the case.
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 e 1yernment is able, now
ever high its civilization, however vigiiant
it's police supervision, however severe lis
crimna code and however prompt ana IN
infiex BILE its criminal administr 'tion, to Sc
cure its own citizens against violence pro-
NOTED by individual malice or by sudden
popular tumult The foreign resident must
be content in such case to share the same
redress that Is offered bv the law to the citi'
zen, and has no just cause OF complains OF
right to 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, thirI ana
notably in the twenty third articles clearly
limits the rights guaranteed to the citizens
of the contracting powers in the territory OF
each to equal trea ment and to free access TO
the courts of Justice. Foreign residents are
not a favored class. 1t is not believed that
Italy would desire more stringent construe-
ton of her duty under the treaty. Where
the injury inflicted upon foreign resident
is not the act of the government or or It's
officers, but of an individual or OF mob, lt Is
not believed that claim for indemnity can
Justly be made unless IL shall be made TO ap-
pear that the public authorities charged with
the peace of the community have connived
at the unlawful act or having timely NOTICE
of the threatened danger have been guiltyiof
such gross negligence in the taking OF the
necessary precautions as to amount 10 con.
piyance II, therefore, il should appear tnat
among those killed by the mob at New Or
leans there were some Italian subjects VINO
were resident or domiciled in that city,
agreeabiy to our treaty with ltaiy anu not IN
Violation of our immigration laws and VINO
were abiding in the peace OF the Ohitev
States and obeying the laws thereof ana OF
the state of Louisiana, and that the puD-
lie officers charged with the duty OF pro-
tecting life and property in that city con-
niyed at the work of the mob. or upon proper
notice or information of the threatened dan
ger, failed to take any steps for the preser-
walton of the public peace and aiterwaro 70
bring the guilty to tr al. the president would,
under such circumstances, feel thar cast
was established that should be submitted 70
the consideration of congress with view 10
the relief of the families OF the Italian subjects
who had lost their lives by lawiess violence
Accept, sir, the renewed assurance OF my
high consideration JAMES u. BLAINE
Len r. smith Dead.
LEAvENwoRrH, Kan, April 16.-Hon.
Leonard T. Smith, of this city, died In
the City of Mexico of heart disease and
the remains left for home last night