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ITALY.

SOVEREIGNTY OF ITALY OVER LIBYA; ATTITUDE OF THE

UNITED STATES IN REGARD TO RECOGNITION THEREOF. RELINQUISHMENT OF EXTRATERRITORIAL RIGHTS.1

File No. 765.003.

The Italian Chargé d'Affaires to the Secretary of State.

[Translation. ) No. 1704.]

ITALIAN EMBASSY,

Washington, October 30, 1912. MR. SECRETARY OF STATE: In accordance with the telegraphic instructions that I have received from his excellency the Minister for Foreign Affairs, I have the honor to inform your excellency that in consequence of the recognition by the foreign powers of our sovereignty over Tripolitania and Cyrenaica, the special régime formerly enjoyed by foreigners in those territories, by virtue of the Capitulations of the Ottoman Empire, has ended, in conformity with universally accepted principles of international law. The necessary instructions have consequently been issued to the Royal authorities in Libya for the application to foreigners, from November 1, of the dispositions of the general law, with the reservation of providing for the settlement of all pending questions by eventual accords and further dispositions.

Begging your excellency kindly to acknowledge this communication, I have [etc.]

G. CATALANI.

File No. 765.003/7.

The American Ambassador to the Secretary of State.

No. 247.]

AMERICAN EMBASSY,

Rome, October 30, 1912. Sir: For some time past local newspapers have been giving currency to statements as to the recognition of Italian sovereignty over Tripoli and Cyrenaica.

Visiting the Foreign Office today, the Vice Minister for Foreign Affairs, Prince di Scalea, made reference to the matter and remarked upon the method with which the subject had been dealt with by our Government.

He then read to me a despatch from the Italian Ambassador in Washington detailing a late visit to the Department of State. He wrote that his conversation was with Mr. Adee and that he had

• Continued from For. Rel. 1912, pp. 632-633,

broached the subject of the late treaty with Turkey, as to Italy's sovereignty over the territories in question, and that he hoped for action by the United States similar to that taken by other powers.

Continuing, the Ambassador added that Mr. Adee replied that it was not the custom of his Government to proceed in that manner, especially with regard to affairs European; that when the United States took over the Philippine Islands and Porto Rico, foreign governments were not asked for their acquiescence nor for their recognition, and none was given. He said of course the United States Government was fully aware of what had taken place and as to the effect of the late treaty, and while it had no objection at all to the attitude of Italy, nevertheless an explicit form of recognition must not be expected.

It should be added that Prince di Scalea did not criticise our method but, on the other hand, seemed to treat the matter as the practical equivalent of what had been done in a more pronounced Inanner by other nations, It is assumed that our Consul at Tripoli has been advised. I have [etc.]

THOMAS J. O'BRIEN,

File No. 705.003.

The Secretary of State to the Italian Chargé l'Affaires.

No. 380.]

DEPARTMENT OF STATE,

Washington, February 28, 1913. Sir: I have the honor to acknowledge the receipt of the note (No. 1704) of October 30, 1912, by which, under instruction from your Government, you informed me that in view of the cessation of the special régime formerly enjoyed by foreigners in Tripolitania and Cyrenaica by virtue of the Capitulations of the Ottoman Empire, the necessary instructions had been issued to the Royal authorities in Libya in order that, from November 1st, 1912, the dispositions of the general law should be forth with applied to foreigners, under the reserve of providing for the settlement of all pending questions by eventual accords and further dispositions.

In taking note of this communication, I have the honor to inform you that the appropriate diplomatic and consular representatives of this Government have now been instructed' to conform to the legal situation thus established in Libva.

I take this occasion further to inform you that the American Consulate at Tripoli will henceforth be administered as suborclinate to the Consulate General at Genoa, under the supervision of the American Embassy at Rome. It is assumed that it will not be necessary to make application for a new exequatur for the Consu who has been exercising his functions at Tripoli since before the occupation o? Libya by the Italian forces. Accept (etc.)

P. C. Knox.

*Ry todegraus of February 27; not printed. 140322-FR 1913--- 39

File No. 767.003.

The Secretary of State to the American Ambassador.

No. 130.]

DEPARTMENT OF STATE,

Washington, March 1, 1913. Sir: Referring to the instruction (No. 111) of December 5th last, on the subject of the extension of Italian sovereignty to Libya, in which you were informed that the Department would in the near future instruct you further as to the attitude to be adopted on the question of the relinquishment of extraterritorial rights in Tripolitania and Cyrenaica, I enclose herewith for your information & translation of the note under date of October 30th last by which the Italian Chargé d'Affaires informed me that in view of the cessation of the special régime formerly enjoyed by foreigners in those regions by virtue of the Capitulations of the Ottoman Empire, instructions have been given to the Italian authorities in Libya to the effect that from November 1st, 1912, the provisions of the general law would be applicable to foreigners. I also enclose a copy of the note under date of February 28th in which the Department, taking note of this communication, informs the Italian Embassy that the appropriate American diplomatic and consular representatives have been instructed to conform to the legal situation thus established in Libya. The substance of this reply was communicated to you by telegraph February 27th, with the direction that your Embassy, as also the Consulate General at Genoa and the ('onsulate at Tripoli, to both of which the instruction was directed to be repeated, should be guided by the purport of that note. I am [etc.]

P. C. Knox.

File No. 767.003.

The Secretary of State to the American Ambassador at Constan

tinople. No. 231.1

DEPARTMENT OF STATE,

Washington, Ilarch 1, 1913. Sir: Supplementing the instruction (No. 206) of December 5th last 2 with which there was enclosed for your information certain correspondence in regard to the recognition of Italian sovereignty over Tripolitania and Cyrenaica, I now enclose for your further information a copy of an instruction under today's date to the Embassy at. Rome, together with its enclosures, on the subject of the relinquishment of extraterritorial rights in Libya.

You will bring to the attention of the Consul General at Constantinople the fact that the ('onsulate at Tripoli will henceforth be administered as subordinate to the Consulate General at Genoa. I am [etc.]

P. C. Knox.

i For. Rel. 1912, p. 633.

2 Not printed.

File No. 765.003.

The Secretary of State to the American Consul General at Genoa.' No. 132.]

DEPARTMENT OF STATE,

Washington, March 10, 1913. SIR: There is enclosed for your information a copy of an instruc. tion with accompanying enclosures addressed to the American Ambassador at Rome on the subject of the extension of Italian sovereignty to Libya, and as to the relinquishment of extraterritorial rights in Tripolitania and Cyrenaica.

You are directed to conform to the legal situation established in Libya through the cessation of the special régime formerly enjoyed by foreigners by virtue of the Capitulations of the Ottoman Empire. I am [etc.]

For Mr. Bryan:

WILBUR J. CARR.

TREATY BETWEEN THE UNITED STATES AND ITALY AMENDING ARTICLE 3 OF THE TREATY OF COMMERCE AND NAVIGATION OF FEBRUARY 26, 1871.

Signcil at Washington, February 25, 1913; ratification advised by the Senate,

February 26, 1913; ratified by the President, March 1, 1913; ratified by Italy, June 21, 1913; ratifications (rchanged at Ilashington, July 3, 1913; pro(laimed, July 3, 1913.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS a Treaty between the United States of America and the Kingdom of Italy amendatory of Article III of the Treaty of Comherce and Navigation of February 26, 1871, was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-fifth day of February, one thousand nine hundred and thirteen, the original of which Treaty, being in the English and Italian languages, is word for word as follows:

Treaty between the United States of America and llis Jajesty the

King of Italy, amending the Treaty of Commerce and Javigation concluded February 24, 1871, betureen' the same Iligh Contracting Partics.

The United States of America and His Majesty the King of Italy, desiring to define more accurately the rights of their respective citizens in the territories of the other, bare for that purpose determined to conclude a treaty amendatory of Article III of the Treaty of Commerce and Navigation of February 26, 1871, between the two countries and bare named as their respective Plenipotentiaries:

The President of the Uniteul States of America: Philander C. Knox, Secretary of State of the United States of America;

· The same to the American Consul at Tripoli-in-Barbary.

His Majesty the King of Italy: The Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand ('ordon of the Order of the Crown of Italy, etc., etc., His Ambassador Extraordinary and Plenipotentiary at Washington:

And the said Plenipotentiaries having exhibited, each to the other, their full powers, found to be in good and due form, have concluded and signed the following articles:

ARTICLE I.

It is agreed between the Iligh Contracting Parties that the first paragraph of Article III of the Treaty of Commerce and Navigation of February 26, 1871, between the United States and Italy shall be replaced by the following provision:

The citizens of each of the High Contracting Parties shall receive in the States and Territories of the other the most constant sa urity and protection for their persons and property and for their rights, including that form of protection granted by any State or national law which establishes a civil responsibility for injuries or for death caused by negligence or fault and gives to relatives or heirs of the injured party a right of action, which right shall not be restricted on account of the nationality of said relatives or heirs; and shall enjoy in this respect the same rights and privileges as are or shall be granted to nationals, provided that they submit themselves to the conditions imposed on the latter.

ARTICLE II.

The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Ilis Majesty the King of Italy, in accordance with the constitutional forms of that Kingdom, and shall go into operation upon the exchange of the ratifications thereof, which shall be effected at Washington as soon as practicable.

In faith whereof the Plenipotentiaries of the High Contracting Parties have signed the present Treaty in duplicate in the English and Italian languages, and have affixed thereto their respective seals.

Done at Washington this 25th day of February in the year of our Lord one thousand nine hundred and thirteen. SEAL

PHLANDER C Kox [SEAL]

CUSANI

And whereas the said Treaty has been duly ratified on both parts and the ratifications of the two Governments were exchanged in the City of Washington, on the third day of July, one thousand nine hundred and thirteen:

Now, therefore, be it known that I, Woodrow Wilson. President of the United States of America, have caused the said Treaty to be made public, to the end that the same and erory article and clausa thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

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