File No. 765.003. The Secretary of State to the American Ambassador. No. 130.] DEPARTMENT OF STATE, 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 a 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 Consulate 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. 765.003. The Secretary of State to the American Ambassador at Constan No. 231.] tinople. DEPARTMENT OF STATE, Washington, March 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 Consulate at Tripoli will henceforth be administered as subordinate to the Consulate General at Genoa. I am [etc.] P. C. KNOX. 1 For. Rel. 1912, p. 633. 2 Not printed. File No. 765.003. The Secretary of State to the American Consul General at Genoa. 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: TREATY BETWEEN THE UNITED STATES AND ITALY AMENDING ARTICLE 3 OF THE TREATY OF COMMERCE AND NAVIGATION OF FEBRUARY 26, 1871. Signed 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 exchanged at Washington, July 3, 1913; proclaimed, 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 Comn.erce 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 His Majesty the King of Italy, amending the Treaty of Commerce and Navigation concluded February 26, 1871, between the same High Contracting Parties. 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, have 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 have named as their respective Plenipotentiaries: The President of the United 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 Cordon 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 High 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 security 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 His 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] [SEAL] PHILANDER C KNOX 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 every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this third day of July in the year of our Lord one thousand nine hundred and thirteen, and [SEAL] of the Independence of the United States of America the one hundred and thirty-seventh. By the President: W. J. BRYAN Secretary of State. WOODROW WILSON PAYMENT BY THE UNITED STATES TO ITALY OF AN INDEMNITY FOR THE LYNCHING OF ANGELO ALBANO, AN ITALIAN SUBJECT. File No. 311.651T15/18. Memorandum by the Solicitor of the Department of State. THE TAMPA LYNCHING. APRIL 13, 1911. CLAIM IN BEHALF OF THE ITALIAN SUBJECT ANGELO ALBANO, On September 21, 1910, the Department was informed by telegram' from the Italian Chargé that two Italians had been lynched at Tampa, Florida, on the previous night. This telegram was immediately repeated' by the Department to the Governor of Florida with a request that the State authorities take such steps as might be necessary to protect the lives of other Italians which were said to be threatened. 3 The State authorities later informed the Department that it appeared that one of the victims, Ficcarotta, was a naturalized citizen and that the other, Albano, was born in this country. It subsequently transpired that the statement in regard to Ficcarotta represented the fact, but the Italian Embassy has in the case of Albano submitted to the Department a birth certificate setting forth that he was born in San Stephano Quisquina, Italy. Under date of October 10, 1910, the Governor of Florida addressed a letter to the Department stating that he had taken whatever steps seemed to him to be necessary in the case of Albano and that he had communicated with the Sheriff, the State Attorney of the Circuit. in which Tampa is located, the Solicitor of the Criminal Court of Record of Hillsborough County and with the Judge of the Criminal Court of Record of that county. In his letter he enclosed a communication from R. A. Jackson, the Sheriff of Hillsborough County, and several affidavits, the latter to the effect that Albano, in order to vote at city elections, had sworn that he was an American citizen. The Sheriff's version of the affair, as appears in his communication to the Governor just referred to, is as follows: Albano and Ficcarati [Ficcarottal were taken from two of my deputies who had them in charge under warrants charging them with complicity File No. 311.651T15. 2 File No. 311.C51T15/18. File No. 311.651T15/6, File No. 311.651T15/11. in the assassination of J. F. Easterling, now deceased. Within thirty minutes after Albano and Ficcarati [Ficcarotta] were taken away from my deputies I had five deputies in the field hunting for the parties implicated in the lynching. They, of course, could find nothing. The next day a jury was empanelled to inquire into the lynching, which jury was kept in session more than a week, and every effort made by myself and thirty special deputies to ascertain something in connection with the lynching. No evidence of any kind could we find pointing to the guilt of anyone, and the jury accordingly found that Albano and Ficcarati [Ficcarotta] came to their death at the hands of parties unknown. With a note from the Embassy, dated October 13, 1910, was transmitted a report by Count Moroni, Royal Attaché of the Immigration Service at New Orleans, summarizing the results of an investigation made by him at Tampa. Count Moroni states that he has no direct evidence against the principals in the lynching, as the Americans would not incriminate themselves and the Italians would not speak from fear of retribution, they being terrorized by the lynchers, and that accordingly his statements are based upon public rumor and certain clues. The report charges that the lynching was committed by citizens of West Tampa with the connivance of the local police authorities. The charge of connivance by the authorities is made to rest principally upon the following alleged circumstances of the affair: Shortly after the arrest of Ficcarotta and Albano upon the charge of murdering Easterling, Sheriff Jackson gave orders to transfer the prisoners] from the West Tampa jail, which was not considered safe, to the jail at Tampa. This order was given to Deputy Sheriff Keagging, who in turn commissioned another deputy, Evans, to effect the transfer. Evans, instead of using the electric van or the wagon intended for the conveyance of prisoners, hired a public hack and attempted to make the transfer with the protection only of a friend, one Bryan, who accompanied him. It is further alleged that a circuitous and unusual route between the two jails. was followed, leading through sparsely populated portions of the community. (It should be observed that the local authorities justify this procedure on the ground that had the prisoners been taken by the direct route, through Main Street, where many Italians live, they would have been freed.) As a result of the lack of adequate protection, while the conveyance with the prisoner[s] was proceeding along a lonely part of the road, the prisoners were easily taken from their custodians and shortly thereafter were lynched. It is also alleged that the Deputy Sheriff failed to use all means at his disposal to effect the capture of the lynchers. This report was transmitted to the Governor of Florida for the purposes of his investigation, with a request that he apprise the Department of the results of the investigation in such time as would permit of prompt communication to the Embassy. Under date of February 13, 1911, the Embassy informed' the Department that it had recently been furnished with a copy of the minutes of the Grand Jury of Hillsborough County, from which it appeared that the Grand Jury had failed to find any evidence connecting anybody with the lynching at Tampa. The Embassy again summarized what it deemed to be the facts of the matter and expressed the hope that some settlement would be arrived at without File No. 311.651T15/12. 2 File No. 311.651T15/14. |