Los Cerrillos rustler. (Cerrillos, N.M.) 188?-1891, 1891-04-24
nALY ANSWERED.

81 NNNAN VI EfAHNA1 8AA
Italian government
TIE Marquis imperialL Charge d'Anaircs etc;
nEraErNmSr 90 STATE Washington. ID c.
April il-sirs have The honor % ucknoui-
edge the receipt Of your note dated Thurs
day. April 4 lssL %ltcoutains a second tcie.
gram from thu Marquis Hudini. a part of
which I here quote The government ~
the king % Italy has asked nothing beyond
Oh. prompt institution u judicial proceed.
ings through ths regular channci2 n would
have been absurd o. claim the punishment
70 the guilty parties without the warrant %
q regular Judgment The italian
nov repeats the same demand Not until
the federal government shall have explicitly
declared thatthc aforesaid proceedings shall
be promptly begun can the diplomatic Incl.
dent be considered a. closed"
THIS government certainly had no desire
whatever 60 change the meaning Of the Mar.
quis Rudin's telegram Of March "a II was
delivered at the state department by naron
Fava la person. written In his own hand and
expressed In the English language. The fol-
owing b. the full text Of the telegram
Italian Minister. Washington,
ROME. March u, issl.-Our requests 90 the
federal government are very SIMPLE. somo
Italian subjects acquitted by the American
magistrates have been murdered la prison
while undcr the immediate protection Of the
hAAuNNlNNfNa WV FANMfs lHfFffNfff ~ NfAANNN
and obtain ne punishmsuf n ne mHrdercrs and
az Indemnity gr ne ricfims "a mguesiioHabis. 1
wish To add that the public opinion In Italy
IL Justly impatient. and IL concrete provls.
ions we're not nj once taken l should ind
myself In the painful necessity of show inR
openly our dissatisfaction by recalling the
minister OF his majesty from a country where
he IL unable Co obtain justice RUDtSL
The words UNDERSIGNED are precisely those
NalsNuL 4 .Wa.V.N a.. .ag a~W.a 60. 4 -.
directed by the president to express the sat.
isfactlon OF this government with the very
material qualification OF the demand made
by the Marquis Rudint on behalf OF the ltal.
Ian government.
You quote in your note another part Of the
Marquis III udini' telegram OF April ? In
these words: Meanwhile his malcsty's gov.
ernmontt takes note of the declaration where.
by the federal government recognizes that
an indemnity Is due TO the families Of the
Victims Ia virtue OF the treaty In force be-.
tween the two countries" II the Marquis
Rudini will carefully examine my note OF
April 1 he viii discover that I did not 'rcc.
ognize that an indemnity Is due To the FAINT.
lies OF the victims In virtue of the treaty In
In force between the two countries What
! did was In answer Co baron Faya's asser.
ton that the United states government re-.
fused to take this demand for indemnity into
'bAAHAAANA AANbAH 4 NhARAf NY ANlAN 4 ~
United States so far from refusing has dis.
tinctly recognized the principle of indemnity
to those italian subjects rho may hare been
rroHged by a ~riolatoH II tie rights secured 10
them under me treaty Nth the United States
concluded February 20, 1871"
The Marquis Rudini may be assured that
the United statos would every
Italian subject who might be wronged by a
violation of n treaty to which the faith of the
IuffnI ENufaa IL FInHsr.T ntf fNNa uaattruu,a
leaves unsettled the important question
whether the treaty has been violated.
Mr.. Blaine then refers TO the Spanish
riot ease under President Fillmore,
which was handled by Mr.. Webster, rs
secretary of state, and concludes:
A. soon as possible after the lamcntnble
occurrence at New Orleans tho president di.
rected the attorney. general to cause through
his department a full inquiry TO be made In.
to all the facts connected Herewith, and
solicited his opinion whether any criminal
proceedings would lie under the federal laws
in the federal courts against persons charged
with the killing of Italian subjects. Hu mas
not yet received the official report. II Il be
found that a prosecution can be- maintained
under the statutes of the United states
the case will be presented to the next
grand jury. according to the usual methods
- - eAHH'H#H RbN - - AtfAAAAA
be found. "a. seems probable, that criminal
proceedings can only be taken In the courts
of Louisiana, the president can In this dircc-
ton do no more than to urge upon the state
officers the duty OF promptly bringing the
offender to- trial. This was done in his tele-
gram To the governor of Louisiana rs early
as March IS. II II shall result that the case
can be prosecuted only In the state courts of
louisiana, and the usual judicial investign
fTan and F.Vna.1nVp uuHar fha criminal luxV
Is not resorted to, Il will then be the duty OF
the United states to consider whether some
other form OF redress may be asked. II Is
understood that the state grand jury Is now
Investigating the af ,tr and, while II Is pos.
siblc hat the jury may fail to present In
dlctmcnts. 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 Itaiian subjects resident within
our territory. No government Is able, how
over high Its civilization, however vlgilant
its police supervision, however severe Its
criminal code and however prompt and In
irficxiblc It's orlminai administration, to se-
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 olti.
ffhs hAha AhH nv laHh ,haE' w W.
right to ask the interpositlon of his country
IL the courts are equally open to him for the
redress of his injuries.
The treaty In tho first, second. third and
notably In the twenty.thlrd articles clearly
limits the rights guaranteed to the citizens
OF the contracting powers In the territory oil
each to equal treatment and to free access e
the courts OF justice. Foreign residents are
not n favored class. II II not believed that
Italy would desire II more stringent construc'
ton of her duty under the treaty. Where
tho injury inflicted upon a foreign resident
is not the act of the government or OF It's
officers. but of an Individual or OF n mob. II Il
not believed that claim for indemnity can
justly be made unless 1t shall be made to ap.
pear that the public authorities charged with
the peace OF tho community have connlvet
at the unlawful act, or having timely notice
OF the threatened danger have been g~uiltytoi
such gross negligence In the taking OF tn,
| VnasaanFr nranoN ftana a. tn anannVe IN non.