The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-04-02

charge. l beg to express the sincere re
gret with which the government of th
| United States receives the intelligence G
Baron Fava's speedy departure from thi
capital. Though he has more than ono
lntimated this purpose the government o
the United States has been unable to SCI
adequ te reasons for such step. Tht
baron's service here for the past ten year.
has been distinguished at all times by
most agreeable relations with the execu
| tive department of this government.
Regret at his leaving is el hanced wher
as the president believes he has been re
called under misappre ehension of facts, by
the government of Italy.
The first demand thus stated BY Baron
Fava is slightly changed in phrase from
thar employed by him in his many verbal
requests based on a telegram from Marquis
Hudini which he left with me. Marquis
Rudini declared that ''Italy's right to de.
mand and to obtain the punishment of the
murderers and idemnity for the victims is
unquestionable." 1t is inferred that Baron
Fava's change of phrase mtant no change
of demaEd.
have endeavored to impress upon him
IN several personal interviews with which
he has h1nored me that the government of
the United States is utterly unable 10 give
the assurance which the Marquis Rudini
has demanded. Even if the national gov
ernment had the entire Jurisdiction over
the alleged murGerers it could not give as
surance to any foreign power that they
should be punished. The president is
unable to see how any government could
justly give an assura ce of this character
in advance of trial and verdict of guilty;
In the constitution of the Unl'ed
States it Is declared that 'in all
criminal prosecutions the accused shall en-
Joy the right to speedy ana public trial by
an impartial jury of the state and district
wherein the crime shall have been COM
mited." 1t needs no argument to prove
a jury could not be impartial if 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 to give to foreign power.
In the constitution of the state of Louisi
ana, under whose immediate jurisdiction
the crimes were committed, the same pro-
vision is und. So that the governor OF
that state would be as unable to give a
pledge in advance of the result of the trial
under the state law as the president wOulu
be were it practicable to try the leaders Of
the mob under the laws of the United
st ties.
Ia Baron Fava's second point he de-
mands recognition, III principle, that in
iemnity is due to the relatives of the VIC
Tins. lie is dsSuredly under grave error
when he declares that the United States
government declined to take this demand
into consideration, and | shall regret if he
has communicated such conclusion to
your government The United States so
far from refusing, has distinctly recog
nized the principle of indemnify to those
Italian subjects who may have been
wronged by violation of rights secured to
them under treaty with the United States
of February 26 1871. l have repeat
edly given to Baron Fava assurance
that under direction of the president
all the facts and incidents connected
with the unhappy tragedy at NewOrleans on
the 14th of March last should be most thor
oughly investigated. l have also inform
ed him that in a matter OF such gravity the
government of the United State would not
permit itself to be unduly hurried, nor will
it make answer TO any demand until every
fact essential to correct judgment shall
have been fully ascertained through legal
authority.
The impatience of the aggeved may be
natural. but its indulgence does not always
secure the most substantial justice.
Accept, sir, the assurance of my high con-
sideration.
tSigned) JAMES G. BLAINE.