The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-01
A CLEAR STATEMENT.

The very best paper which has yet ap-
peared bearing on the present misunder-
standing with Italy is one by ex- Secretary
BAYARD in the May number of the Forum
Mr.. BAYARD discusses the principles which
| have always governed our relations with
foreign countries, and makes it plain that
the position Of the United States is the
| only one consistent with international law,
with Justice or reason. To admit the right
fulness of the claim of Italy would be to
say that this government had Disseminated
against its own citizens in the treaty, con-
ferring upon Italian subjects rights and
privileges denied to Americana PROPOSE
ton which is ludicrous. Mr.. BAYARD re-
fers to instances in existing treaties of
stipulations for securing to citizens
of each nation residing within the
territory of the other, the enjoy
ment of all the privileges of the
most favored nation and perfect equality
with the natives, but sin none of them is a
greater degree of care, diligence, and active
protection required of the government of
the United States than is bestowed by it
upon its own citizens. The grant of as
sured protection is almost invariably &C
companied by the condition that the in
dividuals so protected shall submit them
| selves to the conditions imposed upon the
natives, or, in the phraseology of our treaty
with Italy, that they shall receive protec-
ton upon the same terms as the natives of
the country, submitting themselves to the
laws there established"
1t would be ridiculous to say that an
Italian could come to this country and with
impunity do things which would not be toll
Grated In an American citizen; and yet this
is precisely what the Italian government is
contending for. The ex-secretary shows
that In no case is a separate or special tri-
bunal stipulated for on either side, but in
every instance the laws which control the
natives and the courts which administer
these laws are mentioned in the treaties
except, Of course, in those oriental coun-
tries where extra territorial Jurisdiction is
conceded to United States consular
and diplomatic representatives in cases
where American citizens are involved. Mr.
BAYARD proceeds: when, therefore, in
the United States, an injury 20 person or
PhOPSAe Wy hdo DCOu oGoUdlutu NY du, dlleQ
here resident his treaty rights or his
rights under internationa law and the
usage OF civilized nations, are the same as
those that are available to any citizen of
the United States. No treaty was ever
entered into by the United States with any
nation which stipulated for the enforce
ment of laws discriminating in favor of the
subjects of any foreign government re :.
siding in the United States, or emitting
them to any other or any greater protec-
ton than is accorded to the citizens of the
most favored nation, or to our own citi-
zens."
Italy, therefore, will have to content her
self by letting the cases Of her three sub
iects who were killed in the New Orleans
prison take the same course as the cases of
the eight American citizens who were killed
| at the same time and under precisely the
same circumstances. No advantage can
| be claimed or enforced for the Italians over
the United States citizens, and as the
families of the latter will hardly send in a
bill for damages, it is not likely that bill
for indemnity on the part of the heirs of the
former will be allowed.