tors' prescriptions, etc. I stated that, since it was evident that he had been improperly treated, it was only fair that he should be reimbursed. I suggested that the settlement be made personally with Backer, i. e., without the intervention of the legation."

With these facts I desire to place before the department this case for such instructions as it may warrant.

I have, etc.,

File No. 2447/14.

No. 55.]

H. W. FURNISS.

The Secretary of State to Minister Furniss.

DEPARTMENT OF STATE, Washington, February 1, 1907.

SIR: I have to acknowledge the receipt of your No. 132, of the 15th ultimo, transmitting copies of your correspondence with the Haitian foreign office in regard to the case of David A. Backer, who claims to have been beaten by Haitian soldiers under the orders of their commanding officer for a refusal to perform some work on the roads. Your course is approved.

While the department does not call in question the duty of persons residing in Haiti to comply with provisions of the Haitian law concerning the corvée, it must insist that American citizens residing in Haiti shall be subjected to the legal punishment for violation of a provision of law and that the violation of such law shall be established in an appropriate proceeding.

Flogging an American citizen by Haitian soldiers under the command of a Haitian officer can not be considered due process of law or due punishment for violation of law, and you are directed to inform the minister for foreign affairs that such conduct on the part of Haitian officials will not be tolerated.

I am, etc.,

ELIHU ROOT.

ITALY.

DECLARATION MADE BETWEEN ITALY AND DENMARK FOR THE PROTECTION OF DESIGNS AND INDUSTRIAL MODELS.

File No. 8911/-1.

No. 167.]

Ambassador Griscom to the Secretary of State.

AMERICAN EMBASSY, Rome, September 12, 1907. SIR: I have the honor to transmit to you herewith three copies of the Official Gazette," of September 10, 1907, No. 215, containing on pages 5485, 5486 the declaration made between Italy and Denmark for the protection of designs and industrial models, signed at Rome March 3, 1907.

I have, etc.,

LLOYD C. GRISCOM.

DESTRUCTION OF TOBACCO BELONGING TO THE ITALIAN GOVERN

MENT.

(Continuation of correspondence printed in Foreign Relations, 1906, p. 949 et seq.)

File No. 2976/5.

The Acting Secretary of State to the Italian Ambassador. No. 429.]

DEPARTMENT OF STATE, Washington, January 5, 1907. EXCELLENCY: Referring to your notes of the 6th and 18th ultimo, in regard to your apprehension of violence and injury to certain tobacco belonging to your Government or its agents in the State of Tennessee, I have the honor to say that I have received a letter from the governor of that State, dated the 13th ultimo, from which I quote as follows:

I wish to assure you that after the trouble in Kentucky I proceeded to take every precaution possible to prevent like violation of the law in Tennessee. From my investigation I believe that if trouble occurs in Tennessee, or is attempted, it will be on the part of leaders coming from Kentucky, and I think

the precautions that have been taken on the part of officials of this State by my direction are such that these parties will be apprehended and captured if they come here, and if Tennesseans attempt such violence they will be apprehended.

Accept, excellency, etc.,

ROBERT BACON.

File No. 2976/6.

The Acting Secretary of State to the Italian Ambassador. No. 433.]

DEPARTMENT OF STATE, Washington, January 10, 1907.

EXCELLENCY: Referring to your notes of the 6th and 18th and the department's reply of the 21st ultimo, in regard to certain acts of lawlessness in the State of Kentucky, by which property belonging to the Italian Government or its agents was destroyed, I have the honor to state that the department has received a letter from the governor of Kentucky, under date of the 5th instant, advising it that the courts and officers of that State were doing all in their power to prevent any recurrence of such acts and to punish those who may have been guilty of such violations of the law.

The governor asks this department to assure you that the Kentucky authorities will do everything possible to protect the treaty rights of your Government along the line indicated in the department's note to you of December 21 last."

Accept, etc.,

ROBERT BACON.

File No. 2976/8.

Memorandum from the Italian Embassy.

[Translation.]

ROYAL EMBASSY OF ITALY, Washington, D. C., December 9, 1907.

In the night of December 6-7 last some five hundred armed and masked men invaded the town of Hopkinsville, Ky., took possession of every means of communication, terrorized the citizens, and destroyed property, the value of which is estimated at $200,000.

The destroyed property includes the factory of the Tandy & Fairley Tobacco Company (incorporated in the State of Delaware), in which was tobacco belonging to the tobacco agency of the Italian Government, worth about $15,000 (subject to correction one way or the other).

Considering that the strife between the growers' association and the independent growers is as acute as it can be;

That the threatening conditions in the region were a matter of common knowledge, being repeatedly adverted to by the press and especially the local newspapers (The Hopkinsville Kentuckian, The Evening Post, The Clarksville Leaf-Chronicle, The Courier-Journal, of Louisville, etc.):

a Printed in Foreign Relations, 1906, p. 952.

That the royal embassy long ago denounced orally and in writing those conditions to the Department of State from which it received, under date of January 10 of this year, the assurance that "the governor asks this department to assure you that the Kentucky authorities will do everything possible to protect the treaty rights of your Government along the lines indicated in the department's note to you of December 21, 1906;"

That while it is intimated in the said note of December, 1906, the agents of the Italian Government may, like the American citizens, have recourse to the courts, the answer that can be returned to this is that it is not a case of "redress," but of "protection;" protection implying "defense, shelter from evil, preservation from loss, injury, or annoyance" (Webster), while "redress" takes place after the injury only, by way of "deliverance, remedy, relief," and the treaty plainly speaks of "protection: ""The citizens of each of the high contracting parties shall receive in the States and Terrietories of the other the most constant protection and security for their person and property" (Art. III, treaty of February 26, 1871).

On all these grounds the royal embassy deems it its duty to have the Department of State take notice of the lack of protection of Italian property, and to ask that it will ascertain the responsibilities incurred and reserves the right to claim, if and when the occasion arises and in any and every manner warranted by the circumstances, indemnification for the damages, direct and indirect, resulting from that lack of protection.

At the same time the embassy of Italy invokes the protection for which the treaty provides, in the sense of the word in both the English and Italian languages, that is, preventive defense, for the following factories owned by companies which are all incorporated in the State of Delaware and hold tobacco purchased by the Italian Government:

Stahl Tobacco Company, Paducah, Ky.

Griffin & Pitt Tobacco Company, Murray, Ky.

Gardner & Walker Tobacco Company, Mayfield, Ky.

Fields Hamlett Tobacco Company, Fulton, Ky.

John Hodge Tobacco Company, Madisonville, Sebree, Slaughterville, and Henderson, Ky.

Hayer, Sory Tobacco Company, Clarksville and Springfield, Tenn. H. B. Douthit Tobacco Company, Paris, Tenn.

Lewis & Moss Tobacco Company, Martin, Tenn.

From the information at hand in the embassy it appears that the local means of protection for the above-named factories (police, fire, brigade, etc.) are, with the possible exception of Clarksville and Paducah, far below those available at Hopkinsville.

File No. 2976/9.

Memorandum to the Italian Embassy.

DEPARTMENT OF STATE, Washington, December 20, 1907.

The Department of State has received the memorandum of the Italian embassy, reporting the destruction of tobacco belonging to the Italian Government in a riot at Hopkinsville, Ky., and express

ing anxiety lest other tobacco belonging to that Government at certain other points named in the memorandum may be destroyed.

With a view to procuring all possible protection for the property interests of the Italian Government under the regrettable circumstances stated in the embassy's memorandum, a copy thereof has been communicated to his excellency the governor of Kentucky, and that authority has been requested to report fully upon the situation and the measures which have been or may be adopted by the State for the maintenance of order in that neighborhood.

In this connection, the Department of State has recalled to the attention of the present governor of Kentucky the similar occurrences in the same region a year ago and the assurances then made by his predecessor, Governor Beckham, that the Kentucky authorities would do everything possible to protect the treaty rights of the Italian Government along the lines suggested in the department's letter of December 21, 1906, to the Italian ambassador. The department expresses the hope that the efforts taken to protect these interests at the present time may be such as to prove entirely effective.

File No. 2976/9.

Memorandum to the Italian Embassy.

DEPARTMENT of State, Washington, December 23, 1907. The Department of State has received a telegram from the governor of Kentucky referring to its letters of December 17 and its telegram of December 20, by which the contents of the memorandum of the Italian embassy of December 9 regarding the protection of tobacco belonging to the Italian Government in Kentucky was communicated to the governor of that State.

The governor advises the department that he is of opinion that there is now no danger of a recurrence of the disturbances referred to in the memorandum. He adds, however, that he has ordered careful investigation into the condition of affairs, and in case there is any need of protection that he will take prompt measures in any of the places mentioned to guard the interests of the Italian Government.

SIR: I have the honor to transmit herewith an extract, in triplicate, from the Tribuna newspaper of the 16th instant containing an announcement by the semiofficial Stephani News Agency of the pro

a Not printed.