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 [Page 1051] 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.
[Page 1052]
[Inclosure 1.]
Mr. Raffo to
Governor Hill.
Consulate-General of Italy,
New York, March 15,
1888.
Excellency: I have the honor to call your
attention to the following facts relating to the police of the city
of Buffalo, N. Y., purporting that the statement made to me about
them be correct.
On February 26 ultimo two Italian residents of Buffalo had a quarrel
between themselves, which resulted fatally for one of them. On March
4 Superintendent of Police Morin issued instructions to one of his
dependents, Captain Kilroy, to arrest on that evening at a fixed
hour all Italians found in the city, either in the streets, in
bar-rooms, or in their houses. Three hundred and twenty-five of them
were arrested, brought to Station No. 1, where they were all
subjected to a bodily search, which, however, proved unsuccessful,
as only two out of the three hundred and twenty-five were found to
have concealed weapons, or rather a pen-knife, in their pockets.
Three hundred and twenty-three were discharged on the moment and the
two transgressors set at liberty on the following day by Judge
King.
Supposing that some Italians may have infringed article 410 of the
penal code, I don’t think that the Buffalo police had any cause or
right under such a pretense of violating individual liberty and home
sanctity, guarantied by the Constitution of the United States and by
international treaties.
Therefore I am obliged to protest against the unlawful arrest, and
demand from you justice and adequate reparation.
Awaiting for the favor of an early reply, I remain, your obedient
servant,
G. B. Raffo,
Consul-General for
Italy.
[Inclosure 2.]
Mr. Thayer to
Governor Hill.
Mayor’s Office,
Buffalo, N.
Y., March 26,
1888.
Dear Sir: I am directed by his honor Mayor
Becker to transmit the inclosed report from the superintendent of
police as an answer to your esteemed inquiry of the 17th instant,
inclosing a letter from the consul-general of Italy in relation to
recent arrests of Italians in Buffalo.
The mayor hopes that the explanation will be satisfactory, and bids
me excuse the delay in answering by saying that the principal facts
have been duly verified.
I have the honor to be, very respectfully,
Henry S. Thayer,
Secretary.
[Inclosure 3.]
Mr. Morin to
Mr. Becker.
Department of Police, City of Buffalo,
Superintendent’s Office,
March 21,
1888.
Dear Sir: I herewith acknowledge receipt
from your honor of communications from his excellency Governor Hill
and the Italian consul-general, New York City, relative to the
recent personal search for concealed weapons of Italians in this
city, and to which I respectfully submit the following.
The order referred to and promulgated by me as superintendent of
police is as follows:
General Order
No. 1119.
Department of Police, City of
Buffalo,
Superintendent’s Office,
February 29, 1888.
You will at once take prompt measures to strictly enforce sections
410 and 411 of the penal code, in relation to carrying concealed
weapons.
The recent murderous assaults committed in the city demonstrate that
the foreign element of our population, especially Italians and
Polacks, make a practice of carrying weapons prohibited by law.
They must be taught at once that this is a violation of the laws of
this State; that it is a felony punishable by imprisonment in State
prison, and that the practice must be stopped and the law
obeyed.
When in your judgment you have reason to believe that any person or
persons are carrying weapons prohibited by law, you will take them
into custody, search them, [Page 1053] and if such weapons are found on them, charge them with the
violation of the statute governing the same, and use prompt and
legal means to convict them of the offense.
If the suspected persons are foreigners not thoroughly conversant
with the English language and no weapons are found on them, before
releasing them you will fully explain to them the cause of the
search, the law on the same, the punishment prescribed by law, and
that such searches will be continued by the police, and guilty
persons punished to the full extent of the law.
Martin Morin,
Superintendent of Police.
My reasons for issuing this order are as follows:
Since the advent of the Italians to this city within the past few
years there have been a large number of cutting and stabbing affrays
among them, several of which have terminated fatally. In many cases
the police were unable to make any arrests, the parties injured and
witnesses refusing to make any complaint or to give any information
that would lead to the arrest and conviction of the guilty parties.
Frequently the first knowledge that the police receive from them is
from physicians summoned to attend the injured. They seem to act on
the principle that the police have no business to interfere, that it
is a private matter among themselves, and can be settled by the
injured person or his friends retaliating when the opportunity
occurs. The police have done their utmost to prevent these affrays,
but in spite of their vigilance they continue, and the department
has been censured for apparent neglect. An investigation of the last
two murders, viz, Frank Marino, killed August 31, 1887, by Frank
Curico, and Dominico Caprato, killed February 26,1888, by Angelo
Monico, show that both the murders were the result of this practice,
“carrying daggers.” The cause of the rows were trivial, and but for
the fact that Curico and Monico were armed would have resulted in
nothing more serious than a few blows.
I decided some time since that more arbitrary means would be used,
and these murders and murderous assaults stopped, and as it is a
maxim of the department that the prevention of crime is one of the
chief duties of the police, I determined on making a personal search
of such of those people suspected of being armed and disarming them,
and continue doing so until the practice was stopped. After the
Caprato murder, public sentiment was aroused to such a degree that a
demand was made through the local papers (clippings inclosed) that
this be done.
After the order was issued and before it was acted on, not wishing to
take any undue advantage, I caused the order to be published in the
daily papers, with the fact of such a search going to be made by the
police, and further informed them through interpreters, as my object
at this time was to teach them there was such a law and that it must
be obeyed.
I wish to state here that in speaking of Italians in this order I do
not include all of their nationality in the city, as among them are
many law-abiding and respectable citizens, and who fully indorse the
police in the action taken. The class that cause the trouble and
against whom the order is principally directed are migratory and not
permanently located here. They work on railroads and other public
works during the summer months and congregate and live here during
the winter season.
Previous to the execution of the order I held a consultation with
Captain Kilroy, of the first precinct (in which precinct the greater
part of the Italians are located), and suggested that in making the
search he would 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. He contended a general
search would have more effect, and that he could better obtain the
object of the order in that way. As the captains are responsible for
the enforcement of all laws and orders in their respective precincts
I offered no further objections, but allowed him to use his own
judgment.
He reports in all that about 150 persons were searched; that they
were found on the streets, loafing at the corners and in bar-rooms
and saloons; that no private houses were entered, and that his
officers used judgment; that no person of known or apparent
respectability was searched. He further informs me that Italian
citizens here came to him personally, indorsed the action of the
police, and asked him to continue such searches in his precinct.
In conclusion, I assure your honor and the honorable gentlemen
interested that no persecution of these people is intended. The
plain facts are that matters have reached such a point that the
carrying of concealed weapons must be stopped, and the police force
must do it. In enforcing some laws circumstances arise and obstacles
are met with that necessitate what appears to be arbitrary action
and severity on the part of the police. When the object to be
attained is taken into consideration these harsh measures are
mitigated, and due allowance should be made for the means used to
obtain the end.
This explanation and apology I respectfully submit.
Martin Morin,
Superintendent of
Police.
