The Dickinson press., 1891-04-18
BLAlNE's REPLY.

nifty is due to the families of the victims in
virtue of the treaty in force between the
two countries"
BLAINE's REPLY.
No Promises to Pay Indemnity Made.
Aliens and Americans on an Equality.
WASHINGTON, April Il, 1891.
The Marquis Imderiali, Charge d'Affnirs:
Sir-I have the honor to acknowledge
the receipt of your note dated Thursday,
April 2, 1901. 1t contains n second tele-
gram from the Marquis Rudini, a part of
which l here quote:
"Thc government of the king of Italy
has asked nothing beyond the prompt in
stitution of judicial proceedings through
absurd to claim the punishment of the
guilty parties without the warrant of a
regular judgment.
Tho Italian government now repeats the
same demand. Not until the federal gov
eminent shall have explicitly declared that
begun can the diplomatic incident be con
sidered as closed"
This government certainly had no desire
whatever to change the meaning of the
Marquis Rudini's telegram of March "a.
1t was delivered at the state department
by Baron Faya in person, written in his
own hand and expressed in he English
language, as follows:
Our requests to the federal government
are very simple. Some Italian subjects
have been murdered in prison while under
the immediate protection of the anthori-
ties. OUR RIGHT, THEREFORE, TO DEMAND
n OBTAIN THE PUNISHMENT OF II MUIR
DEREIs AND AN FOR THE VIC
TINS is UNDERSTANDABLE"
The words UNDERSIGNED are precisely
those which l quoted in my former note,
II l am directed by the president to ex-
press the satisfaction of this government
with the
vory Material Qualification
Of the demand made by the Marquis Ru-
DIM on behalf of the Italian government.
You quote in your note another part of the
marquis telegram of April 9, in these
words:
Meanwhile his majesty's government
takes note of the declaration whereby the
federal government recognizes that an in
demnity is due to the families of the VIC
tins in virtue of the treaty in force be-
tween the two countries"
If the Marquis Rudini will carefully ex-
anime my note of April l he will discover
that did not recognize that an indemnity
is due to the Families of the victims in
virtue of the treaty in force between the
two countries"
What did say was in answer to Baron
Fava's assertion shat the United States
government refused to take this demand
for Indemnity into consideration. Iquote
my reply:
aThe United States so far from refusing.
has distinctly recognized the principle Of
indemnity to those Italian subjects who
may have been wronged by o violation of
the rights secured to them under the
treaty with the United States of Feb. 26,
TIL Marquis Rudini may be assured that
the United States would rccompense every
Italian subject who might be wronged by
a violation of a treaty to which the faith
OF the United States is pledged. But this
assurance leaves unsettled the important
question
Whether the Treaty Has Been Violated.
Upon this point the president, with sufi-
full time for decision. He now directs that
certain considerations on the general sub
lect be submitted to the Judgment of the
Italian government. AS u precedent of
great value to the case under discussion
the president recalls the conclusion main
tanned by Mr.. Webster in 1851 when he was
secretary of state under President FILL
more. In August of that year a mob in
New Orleans demslished the building in
which the office of the Spanish consul was
made upon coffee houses and cigar shops
kept by Spanish subjects. American citi-
zens were involved in h losses, which, in
the aggregate, were large. The supposed
cause OF the mob was the intelligence of
the execution of fifty 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 Lohez expedition.
In consequence of these d~epredations of
the mob upon the property of the Spanish
consul, as we'll as against the Spanish sub
lects, Don Calderon de Ia Barca, the min
lister of Spain, demanded Identification
for all the losses, both official and per.
sOnal.
Webster Refused Indemnity.
Mr.. Webster admitted that the Spanish
consul was entitled to idemnity, but when
pressed by the Spanish minister to afford
indemnity to such Spanish subjects us
were injured by the mob in common with
American citizens, Mr.. Webster declined
to accede to the demand, and gave his req
sons, as follows:
This government supposes that the
rights of the Spanish. consul, u public
officer residing here under the protection
OF the United States government, are quite
different from those of the Spanish sub
5ects who have come into the country 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 subjects, are greatly to be re-
GREETED, yet it is to be understood that
many American citizens suffered equal
loss from tho same cause; and these pri-
vate individuals, subjects of her Catholic
majesty. coming voluntarily to reside in
OF complaint, if they are protected by the
same laws, and the same administration of
iaW, as native born citizens of this country.
md have IN fact Some advantages over the
citizens or the state m wnacn tney nappru
to be, inasmuch as they are enabled, until
they become citizens themselves, to prose-
cute for any injuries done to their persons
or property, in the courts of the United
States or the state courts, at their cleo
ton"
years after Mr.. Webster wrote the forego-
ing note. congress, in recognition of Ger
tain magnanimous conduct on the part of
the queen of Spain in -pardons bestowed
on Americans who had unjustifiably in
vaded the island of Cuba, enacted q joint
March 8, 1853, the last day of his term, in
Identifying the Spanish consul and other
Spanish subjects for the loss sustained in
the mobs of 1851. The considerations upon
to contradict the original position of Mr..
Webster, shared also by President Fill
more.
Have More Rights Than Citisens.
The right to judicial remedy which Mr..
Webster assured the Spanish subjects is
likewise ISSUED to the Italian subjects.
The right is specially guaranteed in the
constitution. And, as Mr.. Webster points
out, the resident alien has a privilege
which is denied to the citizen. The widows
and children of the citizens who lost their
lives by mob violence, may sue the mob
only in the courts of Louisiana, while the
widows and children of the Italian sub
jects who suffered death. ave the right to
sue each member of the mob, not only in
the state courts, but also before the federal
courts for the district of Louisiana.
MIR. Blaine here goes on to cite some
law IN the matter Of indemnity. and