Ghiloni cannot be exempted from military service in Italy, for the reason that he was born an Italian and only afterwards took up his abode and citizenship in another country. In so far as concerns the condition of his health, he must present himself before the proper medical officers of his regiment and request a medical examination which will, of course, be given him, after which he will be accorded the same treatment as his fellow-soldiers and in accordance with the rules and regulations now in force in the Italian Army. MINISTRY FOR FOREIGN AFFAIRS, Rome, October 2, 1915. File No. 711.654/12. The Chief of the Bureau of Citizenship to the Secretary of State. ROME, November 18, 1915. DEAR MR. SECRETARY: I reached Rome last Thursday evening, having visited the Consulates at Marseilles, Nice and Genoa on my way from Paris. The passport work here appears to be well organized, and there are not so many citizenship cases presented as there are at London and Paris. Probably the most difficult cases arising from the war have already been settled, that is, as far as they can be settled. So long as we continue to have no naturalization treaty with Italy, it appears to be impossible to obtain from the Italian Government a solution satisfactory to our Government of the cases involving military service in Italy on the part of Italians naturalized in the United States. I understand that in a few cases such persons have succeeded in leaving Italy and returned to the United States; but that the Italian Government conceded nothing in principle, and, as a matter of fact, usually compels naturalized Americans of Italian origin, who are found in Italy, to perform the military service for which they are liable under Italian law. I understand from the Ambassador, moreover, that the Italian authorities have expressed an unwillingness to consider negotiations for a naturalization treaty at this time, for the reason that they are too much occupied by the war. As to persons born in the United States of Italian parents, the Italian authorities have released those born after the naturalization of their parents as American citizens, as in the Da Prato case; but refuse to release those born before the naturalization of their parents, as in the Ghiloni case, whether or not the persons concerned are domiciled in the United States or appear to have made a practical election of American citizenship. The Italian Government insists upon enforcing strictly the Italian law governing nationality and military service. This law is peculiar and, from our point of view, inconsistent; for, while it grants that Italians naturalized abroad lose their Italian nationality, it nevertheless holds them liable for the performance of military service in Italy, if such service had not already been performed before emigration. The Italian law differs in this respect from the French law, which does not recognize a change of nationality at all until the necessary military service has been performed or a special permission to cast off French nationality has been obtained. In view of the very large emigration from Italy to the United States it appears to be important to obtain a naturalization treaty if possible. Perhaps, if the Italian Government becomes convinced that our expatriation law is being enforced and that our Government has no desire or intention to protect naturalized Italians who return to Italy to live, of whom there are many, a satisfactory treaty may finally be obtained. Very respectfully yours, File No. 365.117/231. No. 412.] R. W. FLOURNOY, Jr. Ambassador Page to the Secretary of State. AMERICAN EMBASSY, Rome, November 19, 1915. SIR: Immediately upon the receipt of the Department's telegram No. 327 of September 23 instructing me to obtain if possible the release from military service in the Italian army into which he had been impressed of Benni Guerrini, I presented the facts in his case to the Foreign office and requested the good offices of that Ministry with a view to obtain his release. I am today in receipt of the decision of the military authorities, a copy of which is herewith transmitted. The decision sets forth that if Guerrini had protested against his enlistment such a protest would have received favorable consideration. The military authorities claim, however, that he voluntarily sought enlistment and point out that there is a specific Italian law to the effect that voluntary enlistment cancels foreign citizenship. It is therefore held that Guerrini must remain in the Italian army until the end of the present war. I have [etc.] THOMAS NELSON PAGE. [Inclosure-Translation.] In response to the American Embassy's note verbale No. 765 of September 25, last, the Royal Ministry for Foreign Affairs has the honor to make known to that Embassy that the Ministry of War, having given full consideration to the demand made by that Embassy for the release from military service of Benni Guerrini, regrets very much that it is not able to accede to such request. The Royal Ministry of War points out, as a matter of fact, that Guerrini, having been born after the naturalization of his father, would have had the right, of his own accord, to have his name canceled from the military recruiting lists of the Kingdom; but that he did not elect to avail himself of such legal right. On the contrary, at the time his class was called to the colors, far from desiring to be considered as a foreigner, he voluntarily requested and obtained, upon the presentation by him of the necessary documents, the privilege of being assigned to the second category, in which class he has been actually serving since February 7, 1915. Upon the application to this case, therefore, of the provisions of Article 3, No. 1 of the existing Citizenship Law of June 13, 1912, No. 555, it results that this young man has re-acquired full Italian citizenship in consequence of his voluntary enlistment and must therefore remain unquestionably and fully amenable to the military requirements of Italy. ROYAL MINISTRY FOR FOREIGN AFFAIRS: Rome, November 16, 1915. • Not printed File No. 365.117/224. No. 253.] The Secretary of State to Ambassador Page. DEPARTMENT OF STATE, Washington, December 7, 1915. SIR: With reference to the Department's telegram No. 351, of October 14, 1915, concerning the detention of Giacomo Carmine Mazza for military service, the Department desires that you report concerning the present status of this matter as soon as the Italian authorities have made a final decision in regard thereto. The father of this person is very anxious to learn whether his son will be released and permitted to return to this country. I am [etc.] File No. 365.117/175. For the Secretary of State: No. 441.] Ambassador Page to the Secretary of State. AMERICAN EMBASSY, Rome, December 20, 1915. SIR: I have the honor to report that your telegram No. 415 of the 16th instant relating to the case of Enrico Ajello, held in Italy for military service arrived in the afternoon of the 17th, and I immediately sent an earnest note to the Foreign Office, pressing the case on the attention of the Italian Government, and asking for a response at as early a moment as possible. I endeavored to make an appointment to see the Minister of Foreign Affairs yesterday and called personally at that Ministry with regard to the matter; but as neither the Minister nor the Under Secretaries were able to receive me at that time, I called this morning again and had an interview with the Under Secretary (il Capo di Gabinetto), whom I have often found to have practical charge in similar matters. I impressed upon him, with the utmost earnestness, our contention that this man, born in America, and having lived in America. substantially all of his life continuously, could not be regarded as coming within the category of those liable to what may be termed the duties of dual citizenship; but was only an American citizen, although his father, who had lived in America since before his birth, had taken out naturalization papers only after his birth. I pointed out to him the difficulties that might arise and appeared on the point of arising, should the retention of a man thus situated be insisted upon. In fact, I employed every argument which seemed to me possible, and, as you may imagine, my earnestness was not lessened, from the fact that I had from time to time, had to help Ajello with modest personal donations to relieve his necessities. It is a fact, however, as you will readily recall, that hitherto, no one born prior to his father's naturalization has been formally released by the Italian Government from the call to military service, although in-certain instances men thus situated have been allowed to return to America without such formal release. In pressing this case, I took occasion again to present what appeared to me the necessity for a naturalization treaty between our two Governments, and in arguing how easy it was for the people of one country or another to become excited over the apparent injustice of unrecognized authority on the part of another power, over their fellow-citizens, I was able to present forcibly the danger of serious friction arising between our two countries over just such cases as this. How far this will affect the desired result in Ajello's case I can not say, for I have gone over the same subject before with the Minister for Foreign Affairs himself; but I am ready to take as firm a stand in regard to these American born citizens as I may be authorized to take. It appears to me, indeed, that the justice in these cases is entirely on our side and that it is archaic to claim, in this age of the world, that the rights of a government follow its emigrants to the second generation. I shall continue to do all I can in this and similar cases, and stand ready to carry out your instructions as to these cases as firmly as you may feel the situation shall demand. I have [etc.] THOMAS NELSON PAGE. JAPAN. CORONATION OF EMPEROR YOSHIHITO. File No. 894.001Y8/9. Chargé Wheeler to the Secretary of State. AMERICAN EMBASSY, Tokyo, April 21, 1915. SIR: I have the honor to report that, the period of mourning for the late Empress Dowager having ended, the date of the coronation of the Emperor has been officially announced, the ceremonies to take place at Kyoto on November 15 next. I have [etc.] File No. 894.-001Y8/25. The President to the Emperor. [Telegram.] POST WHEELER. THE WHITE HOUSE, Washington, November 10, 1915. On this auspicious occasion of Your Majesty's formal accession to the Throne, I take sincere pleasure in extending cordial felicitations and in expressing the confidence that the influence of your high ideals of right and justice which will continue to guide you in your exalted office will inure to the advancement of your country. Ì assure Your Majesty of my best wishes for your personal welfare and that of Your Majesty's family and for the continuance of the friendly relations existing between Japan and the United States. WOODROW WILSON. File No. 894.001YS/27. The Emperor to the President. [Telegram.] KYOTO, JAPAN, [Received November 12, 1915.] I sincerely thank you for the kind congratulations on the ceremonies of my accession to the Throne. At the same time I reciprocate my best wishes for your personal welfare and for the invariability of the friendship which united by the bond of amicable relation subsisting between our two countries. YOSHIHITO. |