No. 726.
Mr. Bayard to Baron de
Fava.
Washington, April 30, 1888.
Sir: I have the honor to acknowledge the receipt of your note of the 17th instant, in relation to the complaint communicated by the Italian colony in Buffalo to your Royal legation respecting the search by the police of that city of a number of Italians suspected of carrying concealed weapons, in violation of law.
In my note of the 16th instant, in response to your communication of the 11th, I had the honor to say that, as the complaint against the police of Buffalo appeared to rest chiefly on a supposed false interpretation by them of the penal code of New York, as to which this Department was not competent to express an opinion, no request could be made to the governor of New York of the character solicited; that is to say, that he should interfere to have the police of Buffalo censured for their alleged misconduct.
If the officers of the law exceeded their powers and acted in violation of the legal safeguards of individuals against unwarrantable arrests, a compensatory action would lie against them for their misconduct, and in that way the law could be duly interpreted by the competent judicial authorities.
To these views I am compelled to adhere, and it would not be competent for me, under our system of government, to prejudge the action of the local authorities of a State for alleged disregard of its municipal law, nor could I prefer a request to the governor of a State inconsistent with that principle.
But while I am not permitted to suggest to the governor of New York the course to be taken in regard to the complaint in question, or [Page 1056] in any way to intervene in the administration of the law, I have the honor to inform you that I will send a copy of your communications to me to the governor of New York for his information and such action as the circumstances may warrant.
Accept, etc.,