The record-union., 1891-04-04

SO much inquiry is made by our read
ers concerning the exact terms of the
treaty Of 1871 with Italy that the RECORD
UNION in this column sets it forth with
particularly. 1t is the only treaty we
have with Italy outside of some brief con-
Ventions concerning eXtradition and con-
sular rights and privileges.
The treaty of 1871 was negotiated and
concluded by George p. Marsh, our
Envoy Extraordinary, and the Italian
Secretary of State for Foreign Affairs,
Emilio Visconti Venosta. 1t was signed
February 26, 1871. Notifications were ex-
changed November Is, 1871, and it was
proclaimed November %, 1871.
ArticleI. Announces reciprocal liberty
of commerce and navigation, insures the
right of sojourn and residence by the peo-
pie of each power in the territory of the
other, and the treatment Of war vessels of
the two powers of those Of the most faV-
ored nation.
Article Ii. Gives to the people OF each
nation the right of travel and residence
and TO do all things necessary to trade
upon the same terms as the natives of
the country, submitting themselves to the
laws there established This with other
clauses, clearly is taking notice by Italy
and the United States OF the established
judicial and other processes of disclosing
crime, trial for it and punishment, and
binds each party to abide by such
methods. If our construction OF the treaty
is sound then the demand OF Italy that
the United States shall guarantee prosecu-
tion and punishment Of the New Orleans
rioters is without basis and absolutely
ridiculous.
Article Ill 'The citizens of the high
contracting parties shall receive, in the
States and Territories of the other. the
most constant protection and security for
their persons and property, and shall en-
JOY i'll this respect the same rights and
privileges as are or shall be granted to
the natives, on their submitting them
selves to the conditions imposed upon the
natives" The article eXempts them
from military duty or levy in compensa-
ton for personal services, and from filling
judicial or municipal office-holding.
Articlei ~. Prohibits embargos or
detention Of cargoes for any use without
sufficient indemnification previously
agreed upon when possible.
Article V. Treats of imports into the
United States from Italy and to the mu-
tual character of duties.
Article VI. Treats of duties upon i'm
ports into either country, duties upon
exports and OF prohibition of exports
which is forbidden to the limit applicable
to all other nations.
Article VII. Forbids coastwise navi-
cation, which each party reserves to
Itself.
Article VIII. Exempts certain vessels
from tonnage, anchorage and clearance
duties, defines what vessels are not to be
considered as engaging in trade and what
damaged goods shall pay customs duties
Articles TX. and X. Permits vessels of
either nation TO complete their crews in
the territory of the other nation, and
treats of wrecked vessels and assistance
SIlph to NJ
Article NJ. Vessels and goods capt
ured by pirates found in the territory of
either party are to be returned il claimed
within one year.
Article MI. In case of war private
property of the respective citizens of the
Powers IS to be exempt from seizure, eX-
cept contraband of war, and excepting
vessels and cargoes attempting to enter a
port blockaded by either Power.
Article XIII. If either party is at war
with third Power it shall not, except as
to bIockades and contraband of war,
affect the neutral commerce of the other
The article also defines legal blockade,
and Article XIV. declares that vessels at
tempting in ignorance to enter a block
AIDED port are not to be detained, eXcept
under certain conditions. The article
also provides for vessels that take on
cargo IN blockade discharging the same
under penalty.
Artice XIV. Defines what is contra
band of war, and Article XVI. provides
that citizens of either country may sail
from any port and trade III the ports of
those who are enemies of the other, re-
gardless of the ownership of the cargoes.
But this principle of the flag covering the
party shall apply only to the nations
recognizing it. 1t Will be seen that, ex-
cept as TO goods contraband of war, this
clause gives either Power the right to
trade and carry between ii and the enemy
OF the other, or between the two belliger-
ents regardless of the ownership of the
cargo.
Article XVII. Vessels under the flag
OF the United States are regarded in Italy
as United States vessels, and so too with
vessels under the Italian flag are to be
regarded as Italian vessels Article
y III. provides for visitation of ships
and examination OF cargoes on the high
seas.
Articles XIX. and XX. These stipu-
latlons apply only to vessels without a
convoy. If there is convoy the word OF
honor OF the commander that the ship
carries no contraband goods and that the
conveyed ship belongs to his nation, shall
pe sufnclent Commanders of warShips
are enJoined to refrain from doing dam
age TO citizens or subjects of their vessels
or property.
Article NXL Is the article concerning
which such surprise has been expressed.
subjects OF Italy protected residence in
the United States in case of war, and vice
versa III Italy as to Americans "If by
any fatality which cannot be expected.
and which may God avert. the two con-
tracing parties should be engaged in
war with each other, they have agreed
ana do agree, now for then, that there
shall be allowed term Of six months to
the merchants residing on the coast and
IN the ports of each other and the term
OF one year to those who dwell in the in
terror, to arrange their business and
transport their effects wherever they
please, with the safe conduct necessary to
protect them and their properly, until
they arrive at the poEtS designated for their
embarkation. and all women and children
scholars OF every faculty. cultivatorS of
the earth, artisans, mechanics, manu-
iacGurers and fishermen, unarmed and
lnhabinng the unfortified towns, villages
or places, and, in general all others
whose occupations are for the common
subsistence and benefit of mankind Shall
be allowed to continue their respective
employment, and shall not be molested
In their persons, nor shall their houses or
goods be burnt or otherwise DESTROYED,
nor their fields wasted by the armed
force OF the belligerent in whose power,
by the events of war, they may happen to
1all but II 1t be necessary that anything
should be taken from them for use of
such beliigerent the same shall be paid
Tor at q reasonable price. And il is de-
clared that neither the pretense that war
dissolVeS treaties, nor any other what
ever, shall be considered as annulling or
suspending this article but, on the con-
trary, the state OF war is precisely that for
@ NuinNC