Signor Carignani to Mr. Hay.
Washington, November 14, 1901.
Excellency: Inasmuch as the grand jury of the circuit court of the district of Mississippi, called in the case on the 9th of last month, has also adjourned after five sittings, with a statement that, owing to the manifest reticence of intimidated or suborned witnesses, it had been unable to gather sufficient evidence against the guilty in the Erwin outrage, the Government of the King has been once more constrained to adhere to its conviction that the State judiciary of the Union is not in a position to insure for aliens, at all times and under all circumstances, the protection to which they are entitled by treaty. In view of the fact that in this instance previous investigations had, even before judicial proceedings had been developed, already secured not a few data concerning those who could be presumed to be principals or accessories in the crime, and that it was in every way ascertained that two persons at least—Dr. Hanna and the telephone operator of Glen Allen—had previous knowledge of the misdeed, it is obvious that if the grand jury did not overcome the conspiracy of silence or reach a final conclusion, it, too, did not know how to free itself from baneful surrounding influences and resolutely do its duty.
In this condition of things the Government of the King has sent me express instructions to enter the most energetic protest against what is, all at once, a denial of justice, a flagrant violation of contractual conventions, and a grave offense to every human and civil sentiment.
The Federal Government itself admitted after the preceding lynching that in this respect the judiciary organization of the country is deficient, and that the defect calls for a prompt remedy, since it is thereby placed in the irksome position of being unable to keep faith with the treaties that bear its signature. The illustrious President recently carried off by a tragic death had earnestly recommended in one of his messages that provisions be made therefor, but the bills introduced in both Houses of Congress at the suggestion of the President did not come to the test of a vote.
Until the desired reform shall have become an accomplished fact the Government of the King not only will have grounds of complaint for [Page 298] violation of the treaties to its injury, but will not cease to denounce the systematic impunity enjoyed by crime, and to hold the Federal Government responsible therefor.
Italy has always cherished the warmest friendship for the United States, and felt the most profound liking, and admiration for the institutions of the Union, but the Italian Government can not conceal that its long standing and constant sentiments are subjected to a very severe ordeal when it sees its own people fall repeatedly and with impunity victims to such barbarous assaults.
Be pleased, etc.,