114 Mr. Dougherty to Mr. Sept. 1 Blaine-Continued.

79

Mr. Wharton to Mr. Dough. erty.

134

Mr. Porter to Mr. Blaine

-

99

Sept. 19

Nov. 7

fled to the United States, arriving in New York
about December 12, 1889; that, prior to his de-
sertion, the only punishment to which he was
sentenced was 1 month's imprisonment for con-
tumacy, which he would not have had to un-
dergo until the time of his discharge; that this
shows how unfounded are his assertions as to
his ill treatment, his incarceration, and his es-
cape from the prisons of Alessandria; that it
was Mileo's duty to present himself for enroll.
ment on reaching the age of conscription; and
that, by article 12 of the Italian code, he was
subject to military duty in spite of the acquisi-
tion of a new nationality, which, moreover, he
had acquired when he was already guilty of
contumacy; that he was inscribed on the con-
scription list of the Kingdom, and in fact, en-
rolled.

Claim of Nicolino Mileo: No. 114 received. Sig.
nor Damiani admits that Mileo was imprisoned
1 month prior to his desertion and to bis 51
months' service. The United States Govern
ment can not but regard such punishment as
harsh and inequitable under the circumstances.
Signor Damiani denies the detention of Mileo's
wife; but the lateness of the date of her pass-
port is not wholly inconsistent with the state-
ment that her repeated endeavors-begun be-
fore the birth of her child to obtain permission
to depart had met with refusal.
Claim of Nicolino Mileo: No. 79 received. In-
terview of the 6th instant with Signor Dam
iani. The latter did not say, in his note of
August 22, that Mileo had been imprisoned for
a month, but that he had been sentenced to suf
fer a month's imprisonment, which was, how.
ever, not to be inflicted until the period of his
becoming entitled to "unlimited leave," and
that, Mileo having escaped before that time, no
punishment had been undergone. The Italian
Government denies that any obstacles were at
any time interposed to Mrs. Mileo's departure
for the United States.

Mr. Blaine to Mr. Porter.... Nov. 26 Claim of Nicolino Mileo: Cancels that part of
Department's No. 79, of September 19, relating
to the month's imprisonment.

552

553

553

CORRESPONDENCE WITH THE LEGATION OF ITALY AT WASHINGTON.

1890.

Baron Fava to Mr. Blaine... Mar. 19

Extradition of Vincenzo Villella and Giuseppe
Bevivino: Incloses for transmission two letters
rogatory relating to the trial of Villella and
Bevivino in Italy.

554

Same subject: Has forwarded the letters roga-
tory. Reserves the right, which the United
States Government thinks that it possesses,
to have the fugitives surrendered for trial in
the place where their offenses were committed.
Has forwarded the letters rogatory in order
that the ends of justice may not, if possible, be
entirely defeated. The United States demanded
the surrender of the two fugitives more than a
year ago. Italy declined to surrender them, on
the ground that they were Italian subjects.
The treaties require the surrender of persons
generally, and make no exception in favor of
citizens or subjects.

Same subject: Note of 21st ultimo received. It is
for the very purpose of preventing the ends of
justice being defeated that Bevivino and Vil.
lella are now imprisoned in Italy and that the
letters rogatory have been sent. Requests the
speedy transmission of the documents asked
for in the said letters rogatory. The question
of the extradition of Italian subjects by Italy
has been fully discussed and entirely settled

364

555

CORRESPONDENCE WITH THE LEGATION OF ITALY AT WASHINGTON-Continued.

No.

From and to whom.

Date.

Subject.

Page.

1890. Baron Fava to Mr. Blaine- Apr. 20 Continued.

Same to same

between the Italian ministry of foreign affairs
and the United States legation at Rome. Ac-
cording to Italian law no citizen can be re-
moved from the jurisdiction of his natural
judges, those of his own country. The extradi-
tion of a citizen is not admissible under the
Italian penal code. This principle has not only
become a part of the public law of Europe, but
has been recognized by the United States in its
extradition treaties with Austria-Hungary,
Baden, Bavaria, Belgium, Hayti, Mexico, the
Netherlands, Turkey, Prussia, Germany, Spain,
Sweden and Norway, and Salvador. It can not
be claimed, on the ground of the absence in the
treaty between Italy and the United States of
an express r servation in favor of natives of the
two countries, that Italy has renounced a doc-
trine which is based upon her own laws and her
own public law. The Italian Government is
therefore justified in declaring that neither the
spirit of the Italian law nor the text of the
treaty would permit it to comply with the re-
quest for the extradition of Bevivino and Vil-
lella. There is no ground for the inference from
the foregoing that the guilty parties would
escape punishment. They have been arrested,
are now in prison, and their trial would now
have been ended if the Pennsylvania courts
had forwarded the papers asked for early in
1889.

June 5 Extradition of Vincenzo Villella and Giuseppe
Bevivino: Requests the speedy transmission of
the papers asked for in the letters rogatory ac-
companying his note of March 19, 1890.

Mr. Blaine to Baron Fava... June 13 Extradition of Vincenzo Villella and Giuseppe

Bevivino: Returns the letters rogatory which
had been forwarded to the governor of New
York and sent back by him with directions as
to their execution. Advises that they be sent
to the Italian consul at New York.

Baron Fava to Mr. Blaine... June 16, Same subject: Has instructed the Italian consul

general at New York to take the necessary
steps.

Mr. Blaine to Baron Fava... June 23 Same subject: Reply to note of April 20. The
question at issue is not one of Italian law, but
of an international compact between the United
States and Italy. Is surprised that the Italian
Government regards the question as settled by
the ministry of foreign affairs and the United
States legation. Mr. Stallo protested against
the position taken by the Italian Government.
Gives a history of the case of Salvatore Paladini.
Reviews the negotiations in the case of Villella
and Bevivino. Adduces arguments and cites
authorities to show that the refusal of the
Italian Government to surrender Paladini,
Villella, and Bevivino, under the treaty of 1868,
is not justified by the principles of international
law. The present situation seems to require
either the denunciation of the treaty of 1868, or
the conclusion of new stipulations with regard
to the extradition of citizens.
Same subject: Has communicated note of June
23 to his Government. Says there must have
been some mistake respecting the staten ent of
the Italian consul at Philadelphia that the
Italian Government would grant the extradition
of Villella and Bevivino.

Baron Fava to Mr. Blaine.. July 3

Mr.Wharton to Baron Fava. July 29
Aug. 1

Same to same..

Baron Fava to Mr. Blaine..

Same subject: Has again urged the governor of
Pennsylvania to expedite the transmission of
the documents needed.
Same subject: The local authorities at Wilkes
Barre have been directed by the governor of
Pennsylvania to forward the papers.
Aug. 8 Extradition and naturalization: Incloses a copy
of a dispatch of the 27th ultimo, from the Ital-
ian foreign office, stating that in January, 1889,
the American minister at Rome, Mr. Stallo,
had commenced negotiations with a view to
the adoption of an additional article to the ex-
tradition convention of 1868 between Italy and

557

558

558

559

567

567

568

568

CORRESPONDENCE WITH THE LEGATION OF ITALY AT WASHINGTON-Continued.

No.

Page.

571

571

572

572

572

572

575

577

88 Mr. Swift to Mr. Blaine- Feb. 5 Continued.

Feb. 16

ation of cod-liver oil, known as "Scott's Emul-
sion," and expended several thousand dollars
in advertising it. In 1889 they arranged with
Japanese retail merchants for its sale, and be-
gan selling. The sales were very satisfactory.
Soon afterwards the Japanese authorities noti.
fied the native merchants that they must each
take out a special license for the sale of "Scott's
Emulsion." The American importers, to avoid
delay and trouble, instructed the native mer-
chants to take out the license, and applied to
Mr. Swift to obtain a revocation of the order.
He accordingly wrote to the foreign office
September 13, 1889, relating the facts and stat-
ing that, in his opinion, the requirement of the
license was a violation of the treaty of July 29,
1858. Subsequently the agent of the China and
Japan Trading Company informed Mr. Swift
that the Japanese merchants engaged in
selling "Scott's Emulsion" had been required
to pay an excise tax of 10 per cent. ad valorem
upon the retail price of each bottle; that they
had thereupon returned the stock on hand to
the importers and ceased to sell the article.
On the 4th of October, 1889, Mr. Swift wrote to
the foreign office asking for a reply to his note
of September 13 and calling attention to the ex-
cise tax of 10 per cent. demanded on the price
of each bottle of "Scott's Emulsion." The for-
eign office replied January 17, 1890, contending
that, under the treaty of 1858, the Japanese
Government had the right to require the license
and to levy the excise tax. Incloses a memo-
randum of his conversation of January 23, 1890,
with the minister of foreign affairs and copies
of correspondence.

Taxes levied on "Scott's Emulsion:" Incloses a
copy of a note of the 6th instant, from the min-
ister of foreign affairs, transmitting a memo-
randum of his conversation of January 23 with
Mr. Swift; and a copy of Mr. Swift's reply of
the 10th instant, transmitting a memorandum
pointing out certain errors in Viscount Aoki's
memorandum.

Mar. 18 Rope made of human hair: Sends, for transmis
sion to the Smithsonian Institution, a section of
a rope made of human hair, used in the con-
struction of a Buddhist temple at Kioto, and a
photograph of the rolls of cable still remaining
at the temple. Incloses a copy of a letter on
the subject from V. Marshall Law, dated 6th in-

Mr. Blaine to Mr. Swift .... Mar. 18

stant.

Taxes levied upon "Scott's Emulsion:" Discusses
the questions involved; approves his protest;
is compelled to regard the action of the Japan-
ese Government as a clear and substantial vio-
lation of the provisions of the treaty of 1858.
Reply to No. 88.
Medals and brevets presented by the Japanese
Government to certain American citizens: Sec-
tion 9, article 1, of the Constitution provides that
no person holding any office of profit or trust
under the Government shall, without the con-
sent of Congress, accept any present, emolu.
ment, office, or title from any king, prince, or
foreign state; section 3 of the act of January
31, 1881, provides that any such present, deco-
ration, or other thing shall be tendered through
the Department of State. Reply to No. 80.
Taxes levied upon "Scott's Emulsion:" No. 91 re-
ceived. The differences between Mr. Swift's
and Viscount Aoki's memoranda of their inter-
view of January 23, do not involve the merits
of the question at issue.
Military and naval maneuvers from the 30th
nitimo to the 4th instant described.
Rope made of human hair: Received and sent to
the Smithsonian Institution. Instructs him to
convey the thanks of the Government to the
Buddhist priests and to Mr. V, M. Law. Reply

to No. 106.

586

592

594

598

599

599

602

May 20

81

Mr. Blaine to Mr. Swift..... June 12

129 Mr. Swift to Mr. Blaine ...

Taxes levied upon "Scott's Emulsion:" Has
sent to the foreign office a copy of Mr. Blaine's
No. 59 of March 18.

Same subject: No. 120 received. No occasion to
renew representations, unless the Japanese
Government continues to tax the article and
without submitting a reply to the views of the
Department.

July 7 Same subject: Incloses a copy of a note of the
5th instant from the minister of foreign affairs,
stating that he had instructed the Japanese
chargé at Washington to communicate the fur-
ther views of the Japanese Government to Mr.
Blaine.
Political: Describes the elections for members
of the Diet on the 1st ultimo. Incloses a clip-
ping headed "Political parties in the Diet,"
and a copy of the law of July 25, 1890, relative
to meetings and political associations.

602

603

603

604

146 Same to same

Aug. 15

CORRESPONDENCE WITH THE LEGATION OF JAPAN AT WASHINGTON.

1890.

Mr. Sato to Mr. Blaine...... Mar. 7

Mr. Blaine to Mr. Sato...... Mar. 18

Mr. Sato to Mr. Blaine...... July 28

Taxes levied in Japan upon "Scott's Emulsion:"
States the facts in the case and gives a history
of the correspondence between the United
States minister at Tokio and the minister of
foreign affairs on the subject. Argues to show
that the said taxes are not an infringement of
the treaty of 1858. The Japanese Government
will, however, abolish the taxes if it can be
conclusively shown that it is mistaken in its
opinion.

Same subject: The arguments contained in his note
of the 7th instant do not remove the Depart-
ment's impression that the levying of the taxes
in question is a direct violation of the treaties.
The United States minister at Tokio has been
instructed to make a full communication of the
views of the United States Government to the
minister of foreign affairs.
Same subject: Incloses a copy of an instruction
of the 5th instant from the minister of foreign
affairs, stating facts and adducing arguments
to show that neither the requirement of the li
cense nor the levying of the excise tax is an in-
fringement of the treaty of 1858.

MEXICO.

611

615

615

Same subject: Stilphen is out on bail. Incloses a
copy of his note of this date to the minister of
foreign affairs, stating that an American citi.
zen named Patton, charged with assault and
battery at Coatzacoalcos, boarded the Robert
Ruff at sea, outside of the jurisdiction of Mex-
ico; that a boat, containing certain persons in
citizens' clothes, approached the schooner, and
that one of the persons, speaking in Spanish and
exhibiting a paper, apparently solicited the
surrender of Patton; that Captain Stilphen paid
no attention to the request and kept the
schooner on her course; and that on his return
to Coatzacoalcos he was arrested on the charge
of aiding a criminal to escape; that the United
States Government is of the opinion that, upon
the facts stated, there is no ground for Captain
Stilphen's detention, and that he should be set
at liberty without delay.

622