returned to New York. This note of the foreign office contained the remark that the Italian ministry of the interior" does not find itself in a position to avail itself of the services of the agent Casale, sent to Italy by the Government of the United States." This remark, together with the circumstance that the Italian authorities had allowed nearly seven weeks to elapse before they acted in compliance with my demand and their duty, accounts for the tone of the note which I addressed to the Italian foreign office on July 14, 1888 (marked inclosure 7). Up to this moment no question had been raised as to the duty of the Italian Government to extradite Italian subjects, as well as subjects or citizens of other states, upon the demand of our Government; but in reviewing the correspondence with the foreign office, and speculating on the probable causes of the otherwise inexplicable tardiness of the Italian authorities, I began to suspect that the Italian Government would eventually refuse to surrender Paladini on the ground that he was an Italian subject. This suspicion led me to write the concluding passage in my note of July 14, 1888 (inclosure 7), and it was soon confirmed at my interview with Mr. Crispi on July 26, 1888, the first I had been able to secure since May 17. At this interview the Italian minister of foreign affairs took the ground that the extradition treaty between the United States and Italy did not require the surrender of Italian subjects, and that there was an express reservation in said treaty to the effect that its terms should not apply to the citizens or subjects of the asylum state. I informed him that I was quite fresh from the reading of the treaty of March 23, 1868, and that he was mistaken. Crispi, however, persisted in his assertion, and I left him with the ob servation that the further discussion of this subject had better be in writing. Mr. Crispi assented, and accordingly, on the 27th of July, I sent him the memorandum marked inclosure 8. Mr. The reply to this memorandum (inclosure 9), though dated the 27th of July, was not sent to me until the 1st of August, the date at the head of the letter being probably a mistake. In this reply it was said that the papers in the extradition case, which I had delivered to the ministry of foreign affairs on the 17th of May, were inclosed and returned to me. Although by some inadvertence the papers were in fact not inclosed (as I informed the foreign office in the note as per inclosure 10), I inferred from the announcement of their return by the minister of foreign affairs that he had definitively abandoned all intention of continuing the pursuit of Paladini with a view of his surrender, and so informed Mr. Casale, who, in a letter received the day before, had announced his intention of returning to the United States on the steamer Olympia, which was to sail from Naples on the 1st or 2d instant. But suddenly, to my surprise, I was notified by a dispatch from Messina that Paladini had been arrested. I at once notified Casale not to leave for the United States, but to go to Messina, and I then proceeded to the foreign office to inform Mr. Crispi of the event by which the concluding sentences of his note of July 27 (exhibit 9) had lost their force. Mr. Crispi, after some reflection, said that in his judgment it was not necessary, after all, to determine at this moment whether it was or was not the duty of the Italian Government to surrender one of its own subjects upon the demand of the United States, inasmuch as that question, among others, would be decided by the court at Messina before which Paladini would have to be brought, in any event, before he was extradited or finally tried. He observed that his interpretation, as he called it, of the treaty of March 23, 1868, had been based upon the circumstance that the law of Italy prohibited the extradition of Italian subjects to foreign jurisdictions, crimes committed by said subjects within such jurisdictions being justiceable by the Italian courts as much as if the crimes had been committed in Italy. I answered that I supposed that in Italy, as well as elsewhere, treaty obligations were a part of the law of the land; so that at last we were brought back to the question: What was the duty of Italy under the treaty with the United States? and that the United States, while conceding the right of the Italian tribunals to determine whether a demand for extradition had been made upon proper grounds and in proper form, could not admit their right to narrow the terms of the treaty itself. Mr. Crispi, thereupon, said that in any view of the case it would be time enough to continue the discussion of the matter in dispute between us after the decision by the court at Messina, and promised to do everything in his power to expedite the proceedings. After this interview I received a formal notice (inclosure 11), through a note sent by Mr. Damiani, under secretary of state, of Paladini's arrest. My dispatch to Casale fortunately reached him before his departure, and he informed me by telegraph of his intention to go to Messina without delay. It is, of course, impossible to predict what course will be taken by the Messina tribunals. Meanwhile I deem it important to call your attention to Article VI of the treaty of March 23, 1868, which provides that "the expenses of the arrest, detention, and transportation of the persons claimed shall be paid by the Government in whose name the requisition shall have been made." Casale is, or claims to be, without means, so that several weeks ago I advanced to him at his request 125 francs, which he promised to return in a few days, but which he now says he can not return until after his arrival in the United States. From a perusal of the papers sent me I infer that the President's order of arrest and the demand for Paladini's extradition were issued and made at the instance and in the interest of Paladini's sureties, one of whom was Casale's father. In view of Article VI, above referred to, it is important that the agent of the Government be provided with the necessary funds not only to pay the expenses of the arrest, detention, and transportation of Paladini, but also, in certain contingencies, to employ counsel to appear in behalf of our Government before the Messina courts. I have, etc., JOHN B. STALLO. [Inclosure 1 in No. 223.] LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: On the 30th of March, 1888, the grand inquest of the United States of America within and for the district of New Jersey, in the third circuit, found an indictment against one Salvatore Paladini, charging him with feloniously passing, uttering, publishing, and selling a false, forged, and counterfeited coin in the resemblance and similitude of a silver dollar coined at the mint of the United States, on the 1st day of September, 1887, at Newark, in the said district of New Jersey, he, the said Salvatore Paladini, at the time knowing said coin to be so forged and counterfeited contrary to the act of Congress in such case made and provided, and against the peace of the said United States, the Government and dignity of the same. Said warrant having been reported to the district court of the United States of America within and for the district of New Jersey, in the third circuit, of the term of January, 1888, a warrant was thereupon issued by said court, in the name of the President of the United States, to the marshal of said district of New Jersey, com manding said marshal to apprehend the said Salvatore Paladini, and bring him before said court at the United States court-house in the city of Trenton, to answer the indictment aforesaid; which warrant was thereupon, on the 30th of March, 1888, returned by said marshal, who reported that said defendant, Salvatore Paladini, was not found in his district. It now appears that said Salvatore Paladini, so indicted and ordered to be arrested as aforesaid, is a fugitive from the justice of the United States in the Kingdom of Italy. In consideration and by reason of the premises, the President of the United States of America has appointed Cono Casale, à citizen of the United States, as the agent of the Government of the United States, authorizing and empowering him, in compliance with existing treaty stipulations between the United States of America and the Kingdom of Italy, to receive the said Salvatore Paladini and bring him back to the United States for trial. I take the liberty, therefore, herewith to transmit to your excellency the papers evidencing the facts above stated, with the request to cause the necessary warrant to be issued for the arrest of the said Salvatore Paladini, and for his delivery into the custody of the said Cono Casale; and also, after the issuance of said warrant, to return to him, through me, the papers herewith transmitted. I avail, etc., J. B. STALLO. [Inclosure 2 in No. 223.-Translation.] MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: I communicated without the least delay to my colleague the minister of grace and justice the application for the extradition, conveyed in your note of the 17th of May last, of Salvatore Paladini, charged with having counterfeited and placed in circulation dollars of the United States of America. His excellency the minister of grace and justice has now replied to me that in the documents accompanying your esteemed note it was not indicated of what country the aforesaid Salvatore Paladini is a native, neither his paternity, and not even his citizenship. This information is most necessary to ascertain the identity of the person, especially as the family and baptismal names of Salvatore Paladini are very common in Italy. The minister of grace and justice also remarks to me that from an examination of the documents communicated by your legation it appears that a certain Vincenzo Casale has deposed that "Paladini is a freeholder of three pieces of land in Peshine, eity of Newark, and that the same owns a house there." Such deposition would make one suppose that Salvatore Paladini, becoming a property holder in the United States of America, had obtained American citizenship. Therefore, at the request of the minister of grace and justice, I beg you to furnish me with the the information above indicated, with which it will be easy to establish the identity and the citizenship of Paladini and to search for him in the Kingdom. Be pleased, etc., A. DAMIANI. [Inclosure 3 in No. 223.] Mr. Stallo to Mr. Crispi. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I have the honor to acknowledge the receipt of the communication addressed to me by the ministry of foreign affairs on the 1st instant in regard to the extradition of Salvatore Paladini, and in answer thereto I have the honor to state that the said Salvatore Paladini is a native of Messina, in Sicily and has never been naturalized as a citizen of the United States, having been in the United States only a few months before committing the crime imputed to him. The supposition of his excellency the minister of grace and justice that the said Paladini is a property-holder in Peshine, city of Newark, probably rests upon a misapprehension. Upon examination of the papers it will be found, I think, that Vin H. Ex. 1, pt. 1—66 cenzo Casale declared, not that Paladini was a property holder, but that he, Vincenzo Casale, who offered himself as surety for Paladini, was a property-holder in Peshine, city of Newark. I may add that the said Salvatore Paladini is believed to be in Messina, Sicily, at this moment, and that Mr. Cono Casale, the agent appointed by the United States to bring the said Paladini back within the jurisdiction of the district court of New Jersey, knows him personally very well and is in possession of two photographs of him. Mr. Casale will, of course, place himself at the disposition of the officers of the Government of His Majesty the King of Italy in assisting to identify and arrest him. The names of the parents of Salvatore Paladini are unknown to me. I avail, etc., [Inclosure 4 in dispatch No. 223.] J. B. STALLO. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: On the 17th day of May, 1888, I had the honor to address to your excellency a note transmitting the papers relating to the indictment by the grand inquest of the United States of America within and for the district of New Jersey, in the third circuit, of one Salvatore Paladini, on the charge of felonieusly passing, uttering, publishing, and selling counterfeit coin in the similitude of silver dollars of the United States of America, said crime being the one mentioned in paragraph 6 of Article II of the convention now in force between the United States and the King of Italy for the surrender of criminals. In pursuance of this convention, I had the honor to request the issuance, by the proper authorities of the Kingdom of Italy, of the necessary warrant for the arrest of the said Salvatore Paladini and of his eventual delivery to Cono Casale, a citizen of the United States, appointed by the President as the agent of the Government of the United States, to receive the said Salvatore Paladini and bring him back to the United States for trial. In answer to this note I received on the 2d of June, 1888, a communication from the ministry of foreign affairs of the Kingdom of Italy, requesting certain information relating to the identity of said Salvatore Paladini, which information I had the honor to furnish in another note addressed to your excellency on the same day. Since that time I have received no advice as to whether the warrant prayed for in my note of May 17 has been issued or whether any steps have been taken for the arrest of the said Salvatore Paladini. I take the liberty, therefore, to state to your excellency that according to my latest information the said Salvatore Paladini, in the early part of last week, was still at Messina, Sicily, and that Mr. Cono Casale, the agent of my Government, is also at this moment at Messina, where he may be found at the office of the consul of the United States of America, and where he is entirely at the service of the Italian authorities for the purpose of identifying the person sought to be arrested. I avail, etc., [Inclosure 5 in No. 223.-Translation.] Mr. Damiani to Mr. Stallo. J. B. STALLO. MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: I hastened to communicate to my colleague, the minister of grace and justice, the information furnished me in your note dated June 25 last. My said colleague communicated the notice to the royal ministry of the interior, which has certainly already taken the necessary steps to establish the identity of the person named Salvatore Paladini, charged with having counterfeited silver dollars of the United States of America. The ministry of the interior has also been advised of the fact that Mr. Cono Casale, special agent of the Federal Government, holds himself at the disposition of the authorities of public safety of Messina to aid, if needed, in identifying the individual sought for, who is at the present time in that province. Holding myself ready to communicate, in continuation, whatever other information may reach me in the matter, I renew, etc., DAMIANI, Under Secretary of State. [Inclosure 6 in No. 223.-Translation.] Mr. Damiani to Mr. Stallo. MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: In continuation of my note of the 2d instant I hasten to communicate to you the following information sent me by the ministry of the interior regarding the search for and capture of Salvatore Paladini, from Messina: "The royal prefecture in Messina, to which was intrusted the charge of making, in all urgency, the tracing up of the person named Salvatore Paladini has made known that the latter returned from America in October of last year and was employed as a clerk in the office of the usher Pugliese, of Messina. "The said royal prefecture believes, however, that Paladini has really returned to New York, where he has a mother and sister. In any case the efforts for his apprehension will continue to be made. "In the actual state of affairs the ministry of the interior does not find itself in a position to avail itself of the services of the agent Casale, sent to Italy by the Government of the United States of America." I hasten to communicate to you the foregoing in order that you may be able to give notice of it to the Federal Government, which will certainly make search for Paladini in New York, or will furnish us with further information as to the place where the above-named implicated has taken refuge. Accept, etc., DAMIANI, Under Secretary of State. [Inclosure 7 in No. 223.] Mr. Stallo to Mr. Crispi. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I have the honor to acknowledge the receipt of the communication addressed to me by his excellency the under secretary of state on the 7th instant, informing me of the measures taken by the Italian Government in compliance with my letter of May 17, 1888, relating to the extradition of Salvatore Paladini, and my two subsequent letters of June 2 and June 25. In accordance with the suggestions of his excellency the under secretary of state contained in his letter of the 7th instant, just referred to, I shall at once report its contents, together with the correspondence preceding it, to my Government, and to this end I take the liberty to request your excellency, if it be not inconsistent with the rules and traditions observed by the Italian Government in similar cases, to return to me the papers accompanying my letter of May 17, or at least that part of them which authorizes Mr. Cono Casale to receive Salvatore Paladini in case of his arrest and extradition. Meanwhile I thank your excellency for the measures taken by His Majesty's Government in the attempt to secure the arrest and extradition of the person incriminated, at the same time regretting that the Italian authorities have not deemed it expedient to avail themselves of the services of Mr. Cono Casale in the discovery and identifieation of the said Salvatore Paladini during his sojourn in Messina, which, according to a report just made to me by the said Casale, extended at least to the 20th of June It may not be improper to observe that in my original letter of May 17, 1888, and the docurients accompanying it, there was no reference to the question whether or not Salvatore Paladini was an Italian or American citizen, or whether or not he was a property-holder in the United States, for the sole and simple reason that I was and am still unaware that in the treaty of March 23, 1868, there was any distinction between fugitives from justice who were citizens of the United States and those who were not, or between such fugitives as did and those who did not hold property in the United States. I avail, etc., J. B. STALLO. [Inclosure 8 in No. 223.1 LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: The questions relating to the extradition of Salvatore Paladini (an Italian subject charged with the crime of counterfeiting in the United States), which were the subject of discussion during my interview with your excellency on |