Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1891-04-22
language. The following is the full text of
ITALY's MODIFIED DEMAND.

language. The following is the full text of
the telegram:
ITALY's MODIFIED DEMAND.
"Rome, March "a, 1S91.-Italian Minis
ter, Washington. Our requests to the federal
government are very simple. Some Italian
subjects acquitted by the American mags.
trates have been murdeaed in prison while
under the immediate protection of the
authorities. Our right therefore to demand
and obtain the Punishment of the naurderers,
and an indemnity for the victims is ungues-
tionable. l wish to add that the public
opinion in Italy is justly impatient, and if
concrete provisions were not at once taken
I should find myself in the painful neces-
sity Of showing openly our dissatisfaction
by recalling the minister of his Majesty
from country where he is unable to OBJ
tain justice.
"RUDINI."
The words UNDERSIGNED are precisely tn 9se
which quoted in my former note, and l
am directed by the President to express the
satisfaction of this government with The
very material qualification of the demand
made by the Marquis Rudini on behalf of
the Italian government.
THE QUESTION OF INDEMNITY.
|
the Marquis Rudini's telegram of April 9
in these worda: meanwhile his Majesty IS
government takes note of the declaration
whereby the federal government recognizes
that an indemnity is due to the families of
the victims in virtue of the treaty in force
between the two countries"
If the Marquis Rudini will carefully ex-
anime my note of April he will discover
that did not s'recognize that an indemni-
ty is due to the families of the victims in
virtue of the treaty in force between the
two countries" What I did say was in an
swer to Baron Fava's assertion that the
| United States government refused to take
this demand for indemnity into considera
ton. 1 quote my reply.
"The United States, so far from refusing,
has distinctly recognized the principle of
indemnity to those Italian subjects svAo
may haze been soronged By a violation of the
rights secured to them under the treaty aoith
the United Statesconcluded February Goth,
1871"
The Marquis Rudini may be assured that
the United States would recompense every
Italian subject who might "be wronged by
a violation of treaty" to whomthe faith
of the United States is pledged. But this
assurance leaves unsettled the important
| ted. Upon this point the President, with
sufficient facts placed before him, has taken
full time for decision. He now directs that
certain considerations on the general sub
ject be submitted to the judgment of the
Italian government.
| MR.. WEBSTER QUOTED.
As precedent of great value to the case
| under discussion the President recalls the
conclusion maintained by Mr.. Webster in
1851, when he was Secretary of State under
President Fillmore. In August of that
year mob in New Orleans demolished the
building in which the Office of the Spanish
consul was located, and at the same time
attacks were made upon coffee-houses and
cigar shops kept by Spanish subjecte
American citizens were involved in the
losses, which, in the aggregate, were large.
The supposed cause Of the mob was the in
telligence of the execution of City young
Americans in Havana and the Punishment
to Spanish mines of nearly 200 citizens Of
the United States. The victims were all
members of the abortive Lopez expedition.
In consequence of these depredations of
the mob upon the property of the Spanish
consul, as well az against the Spanish sub
jects, Don Calderou de la parca, the minis
all the losses, both official and personal.
Mr.. Webster admitted that the Spanish
consul was entitled to indemnity, and assur,
ed the Spanish minister that if the injured
consul, Mr. I,aborde, ''shall return to the
post, or any other consul for New Orleans
shall be appointed by hsr Catholic Majesty s
government, the officers of this government
resident in that city, will be instructed to
receive and treat him with courtesy and
With national salute to the flag of his ship,
if he shall arrive in a Spanish vessel, Is a
demonstration of respect, such az may sig
Nifty to him and TO his government the sense
entertained by the government Of the Uui-
ted States Of the gross injustice done to his
predecessor by a lawless mob, as well as the
indignity and insult offered hy it to for
eigp state with which the United States
ara, and wish ever TO remain, on terms of
the most respectful aud pacific intercourse. F"
But when pressed by the Spanish minis
ter TO afford Indemnity to Spanish subjects
injured by the mob in common with Ameri-
can citizens, Mr.. Webster declined to &C.
eede to the demand, and gave his reasons
as follows
s'This government supposeS that the
rights Of the Spanish consul, public officer
residing here under the protection of the
ent from those of the Spanish subjects who
have come Into the country to mingle with
our own citizens, and hero to pursue their
private business and objects. The former
may claim special indemnity; the latter are
| entitled to such protection as is afforded to
our own citizens. While, therefore, the
| losses of individuals. private Spanish sub
| jects, are greatly to be regretted, yet it is
understood that many American citizens
! suffered equal losses from the same cause,
and these private individuals, subjects of
her Catholic Majesty, coming voluntarily to
reside in the United States have certainly
no cause of complaint if thew are protected
by the same las IS and The same administra-
tion of law. as native born citizens of this
country. They have, in fact, some advan'
tages oyer citizens of the State IN which
they happen to be, inasmuch as they are
enabled until they become citi@ens them.
selses to prosecute for any injuries done to
their persons or property in the courts of
the Tn led States Or the State courts at
their els ction."
It is pg.n9r, however, to add that two
years aft. sIr. Webster wrote the forego-
ing note c agrees, in recognition of certain
magnanimous conduct on the part of the
Queen of Spain in pardons bestowed on
Americans who had unjustifiably invaded
the island of Cuba, enacted joint resola-
tion, approved by President Fillmore March
g. 1858, the last DAY of his term, inde nnify-
ing the Spanish consul and other Spanish
subjects for the losses sustained in the New
Orleans mob of 1851 The considerations
upon which this reaolutlon was passed were
held pot to contravene the original position
of Mr.. Webster, shared also by President
Fillmore.
JUDICIAL REMEDY.
The right to judicial remedy which Mr..
Webster assured to the Spanish subjects is
likewise assured to the Italian subjects.
The right is specially guaranteed il the
second section of the third article Of the
constitution And, as Mr.. Webster points
out, the residents alien has privilege which
is denied to the citizen. The widows and
children of the citizens who lost their lives
by mob violence may sue the leaders and