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CORRESPONDENCE WITH THE LEGATION OF ITALY AT WASHINGTON.

No. 720.

Baron de Fava to Mr. Bayard.

[Translation.]

LEGATION OF ITALY,

Washington, February 14, 1888. (Received February 16.)

Mr. SECRETARY OF STATE: The Government of the King, being about to take part in the conference which is soon to be held at Madrid for the regulation of affairs in Morocco, has a particular interest in learning the views of the Cabinet of Washington on the subject of the exercise of the right of protection as it is assured at the present time by the existing treaties. It would be agreeable to it to know if, as the report goes, the American delegates to the conference have really received instructions never to renounce this right, even if the representatives of all the other powers should be of a contrary opinion.

In the hope that your excellency, with your usual courtesy and benevolence, may be able to satisfy the desire of my Government, I thank you in advance for all the information you may deem proper to furnish me on the subject.

Be pleased, etc..

FAVA.

No. 721.

Mr. Bayard to Baron de Fava.

DEPARTMENT OF STATE,
Washington, February 21, 1888.

SIR: I have the honor to acknowledge the receipt of your note of the 14th instant, wherein you refer to the participation of the Government of Italy in the conference about to be held at Madrid in relation to affairs in Morocco, and express its interest in learning the views of this Government touching the right of foreign protection in Morocco, and especially whether, as is reported, "the American delegates to the conference have in reality received instructions never to renounce this right, even if the representatives of all the other powers should be of a contrary opinion."

In reply, I have the pleasure to inform you that Mr. Curry, the United States minister at Madrid, and Mr. Lewis, our consul at Tangier, who are to attend the conference as delegates, jointly and severally, of this Government, have simply been instructed to take part for the purpose of examining whether, as is alleged, the right of foreign protection is abusively exercised under existing treaties, and, if so, to recommend a remedy which will secure the ends in view of affording certain protection to the official representation of foreign governments and the legitimate business and personal interests of foreigners throughout the territory of Morocco.

Accept, etc.,

T. F. BAYARD.

I therefore now send you another copy of the document referred to, with the request that you will promptly investigate the state of the case as reported by the consul-general, and, in connection therewith, again call the attention of the Italian Government to the arguments of this Government in support of the healthiness of American pork, and also to the fact that under our commercial treaties with Italy the United States is entitled to the same treatment as the most favored nations as regards the importation of her products.

This Government believes that the arguments which were advanced in 1881 hold equally good now, and that American pork, if a fair examination be made of it, will more than hold its own in comparison with that of Austria or other foreign nations, the existence of trichinosis in Europe being 'due, it is believed, in all cases which have been officially investigated, to the prevalent custom of eating pork in a perfectly uncooked state.

I am, etc.,

[Inclosure 1 in No. 116.]

T. F. BAYARD.

No. 249.]

Mr. Wood to Mr. Rives.

CONSULATE-GENERAL OF THE UNITED STATES,
Rome, August 29, 1888. (Received September 17.)

SIR: As is known to the Department of State, pork and pork preparations in any form whatsoever, and without distinction of country of origin, have been prohibited articles of import into Italy for more than nine years past.

In truth, United States pork and pork preparations were interdicted on February 20, 1879; and on May 6 of the same year the interdiction was extended to all countries. So that since the latter date there have been no further imports of these articles into this country.

I now have the honor to inform you that on the 16th instant the Italian minister of the interior issued a decree ordering that on and after that date pork and pork preparations coming from Austria-Hungary should be allowed to enter the Kingdom. Two copies of this decree, with translation, are inclosed herein.

The ministerial decree states that the interdiction on pork and pork preparations from Austria-Hungary has been raised, as it has been found that the swine of that Empire are free from trichina.

Could the Italian Government be satisfied that there is no danger from trichina in American pork, it is possible that this country, which prior to 1879 was a considerable market for our product, would again be opened to our trade.

In communicating the above information, I believe it may be interesting for our Government to know that in Italy a large proportion of the smoked hams and shoulders and sausages are eaten uncooked. By the well-to-do classes they are eaten as relishes; for the poor they constitute real articles of food; but in both cases they are chiefly consumed raw.

I am, etc.,

CHARLES M. WOOD,
Vice Consul-General in Charge.

[Inclosure 2 in No. 116.-Translation.]

1888.-Marine Health Order No. 10.

The minister of the interior by virtue of the law of March 20, 1865, Supplement C, on public health, having ascertained that throughout the Empire of Austria-Hungary swine (il bestiame porcino) are perfectly free from trichina; decrees:

That, from now on, it shall be permitted to introduce into the Kingdom the flesh of swine salted, smoked, or otherwise prepared (le carni suine salati affumicati od altri menti preparate) coming from the aforesaid Empire of Austria-Hungary.

The prefects, captains of ports and port officers, and the customs authorities of the Kingdom are charged with the execution of this order.

ROME, August 16, 1888.

CRISPI,

Minister.

CORRESPONDENCE WITH THE LEGATION OF ITALY AT WASHINGTON.

No. 720.

Baron de Fava to Mr. Bayard.

[Translation.]

LEGATION OF ITALY,

Washington, February 14, 1888. (Received February 16.) Mr. SECRETARY OF STATE: The Government of the King, being about to take part in the conference which is soon to be held at Madrid for the regulation of affairs in Morocco, has a particular interest in learning the views of the Cabinet of Washington on the subject of the exercise of the right of protection as it is assured at the present time by the existing treaties. It would be agreeable to it to know if, as the report goes, the American delegates to the conference have really received instructions never to renounce this right, even if the representatives of all the other powers should be of a contrary opinion.

In the hope that your excellency, with your usual courtesy and benevolence, may be able to satisfy the desire of my Government, I thank you in advance for all the information you may deem proper to furnish me on the subject.

Be pleased, etc..

FAVA.

No. 721.

Mr. Bayard to Baron de Fava.

DEPARTMENT OF STATE,

Washington, February 21, 1888.

SIR: I have the honor to acknowledge the receipt of your note of the 14th instant, wherein you refer to the participation of the Government of Italy in the conference about to be held at Madrid in relation to affairs in Morocco, and express its interest in learning the views of this Government touching the right of foreign protection in Morocco, and especially whether, as is reported, "the American delegates to the conference have in reality received instructions never to renounce this right, even if the representatives of all the other powers should be of a contrary opinion."

In reply, I have the pleasure to inform you that Mr. Curry, the United States minister at Madrid, and Mr. Lewis, our consul at Tangier, who are to attend the conference as delegates, jointly and severally, of this Government, have simply been instructed to take part for the purpose of examining whether, as is alleged, the right of foreign protection is abusively exercised under existing treaties, and, if so, to recommend a remedy which will secure the ends in view of affording certain protection to the official representation of foreign governments and the legitimate business and personal interests of foreigners throughout the territory of Morocco.

Accept, etc.,

T. F. BAYARD.

No. 722.

Baron de Fava to Mr. Bayard.

[Translation.]

LEGATION OF ITALY,

Washington, March 18, 1888. (Received March 19.) MR. SECRETARY OF STATE: The Royal ministry of foreign affairs has just informed me that an amicable arrangement has been reached in the case of a claim of one of my countrymen named Sagrine against the Government of Salvador, and that the negotiations which ended in this happy result were greatly facilitated by the good offices of Mr. Henry C. Hall, minister of the United States in Central America, specially authorized by your excellency to proceed to San Salvador for this purpose.

By direction of my Government, I hasten to transmit to your excellency its most cordial thanks for your kindness in authorizing the representative of the United States to aid in the equitable and prompt adjustment of this matter.

Accept, etc.,

FᎪᏙᎪ.

No. 723.

Baron de Fava to Mr. Bayard.

[Translation.]

LEGATION OF ITALY,

Washington, April 11, 1888. (Received April 13.)

Mr. SECRETARY OF STATE: In consequence of a murder committed on the 26th of February last, at Buffalo, N. Y., by Italians, who quarrelled among themselves, the chief of police of that city, Mr. Martin Morin, sent a general order to his officers to search those persons suspected of carrying arms forbidden by law, intending it specially for Italians.

On the 4th of March-in the evening, in fact-Captain Kilroy, of the first district, in execution of this order and after an understanding with his superior, proceeded with a large posse of police to arrest all the Italians he met in the streets, drinking saloons, and other places frequented by them, to the number of two hundred and fifty, took them to the station-house and searched them, whilst seventy-five others were subjected to a search in their own dwellings. Of three hundred and twenty-five persons two only were found in possession of clasp-knives, with saw and cork-screw, and were brought before Judge King. The next morning they were discharged as not indictable.

The arbitrary and malevolent measure of the chief of police of Buffalo towards the Italians, and its inconsiderate execution by Captain Kilroy, in entire violation of the personal liberty and inviolability of domicile guarantied by the Constitution and by international treaties, ending in so negative a result, has roused the numerous colony of Italians in the United States, has excited sarcastic comments of the local press, and has above all drawn the attention of the Italian authorities whose duty it is to watch over the safety of the rights of those who appeal to them.

For this reason the consul of the King at New York addressed on the 15th of March last to the governor of the State a note, of which I append

a copy, protesting against the arbitrary action of the police authorities of Buffalo and demanding reparation. (Annex A.)

In reply to this note His Excellency Governor Hill contented himself by transmitting, through his private secretary, to Mr. Raffo a letter, proceeding from the bureau of the mayoralty of Buffalo, communicating on his part a report of the chief of police upon the arrest and search en masse of Italians on the evening of the 4th March. This document (Annex B), which I also submit to your excellency's attention, can not be considered as convincing. Quite the contrary. Not only does Mr. Martin Morin, a party in the case, give no satisfaction to the demands of the consul, but he tends to confirm the facts themselves which have given rise to this reclamation. It results, in fact, that with a view of preventing possible crimes they have falsely interpreted an article of the penal code of the State, and in execution of a special order of police they proceeded to the arrest and search, not of Italians suspected of carrying forbidden arms, but of all Italians en masse (general search) found in the streets, drinking saloons, and at their dwellings. This latter fact, denied by the chief of police, is attested by the local papers, of which I append extracts. The chief of police after having decided to take arbitrary measures ("I decided that more arbitrary means would be used") to put an end to the sanguinary deeds which were being renewed among the Italians, determined to make a personal search of those among them suspected of being armed ("I determined on making a personal search of such of these people suspected of being armed"), and to that effect he instructed Captain Kilroy to "pick up such persons as the officers suspected, found loafing around the streets, or parties found in saloons and drinking places who were under the influence of liquor and inclined to be quarrelsome, and quietly search them." The captain observed that a general search would have the surest effect, and Mr. Martin Morin "seeing," said he, "that the captains are responsible for the execution of the laws and ordinances in their district," let him act according to his judgment. The captain, armed with this authorization, arrested and searched all the Italians en masse, at their dwellings and everywhere, and he obtained, no resistance being offered, the brilliant result which I have mentioned above. I shall not dwell, although it is not contradicted, upon the malevolent intent attributed to the chief of police of Buffalo in the Buffalo Daily Courier of March 9, of which I append the quotation, when, having been informed of the probable protest of the Italian consul, he said to Captain Kilroy, "Let the Italian consul come to find out if the search for Italian knives is ended, and then, when he is here, we will search him also to seize on his person the stiletto." I recall this newspaper story to prove what spirit seems to animate this magistrate, according to public opinion, against the Italians.

In view of the facts which I have just related, supported by documents, I am forced to have recourse to the good offices of the Federal Government in order that its spirit of justice and equity will take it into serious consideration, quite certain that it is only necessary to point it out to your excellency in order that the police authorities of Buffalo may be censured, through the interposition of the governor of the State of New York, and that arbitrary actions of this nature, so contrary to civil and natural rights and so odious to the Italian name, may not in future recur in the United States.

Begging your excellency to return the inclosures when you shall have done with them, I seize, etc,

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