[Inclosure in No.
700.—Translation.]
Mr. Melegari to Mr.
Evarts.
Rome, September 14,
1877.
Sir: The consular conventions at present
existing between Italy and foreign powers agree, in general, in
declaring absolutely inviolable only the offices and archives of their
respective consuls, thus leaving in every respect subject to the common
law the houses inhabited by them.
The only exceptions to this rule are the convention in vigor with the
United States of America and that with Belgium, which clearly admit the
exemption of the consular dwellings also.
The existence of these two exceptions is sufficient, practically, to make
it impossible to apply the general rule, because, in virtue of the
clause contained in all the other consular conventions relating to the
treatment accorded to the most favored nation, the consuls of the other
states also have naturally the right to invoke for their own benefit the
special exemption enjoyed in this country by the dwelling-houses of the
consuls of the United States and of Belgium.
It is not necessary for me to use words to explain to you how such a
state of things is in little harmony with the modern principles of
international law, which principles have to take into consideration the
progress of civilization and of the greatly extended guarantees
sanctioned by modern laws for the protection of individual liberty and
of the inviolability of domicile, and have then to leave open the way
for the common law, reserving the privilege of exemption only to the
dwellings of diplomatic agents, the true representatives of foreign
sovereignty.
On the other hand, once that the principle is admitted of consular
officers being liable to summons before the tribunals of the kingdom, to
there answer for responsibilities contracted by them, and, to a certain
point, also for offenses charged against them, it does not seem logical
that to them should be granted, by means of this exemption, the way of
evading for themselves and their effects the execution of the
sentence.
The inconveniences and the difficulties that may arise from the practice
of such a system have been especially shown in certain cases which have
happened recently, which concerned your legation, and which, being still
fresh in your memory, it would be superfluous to recall here.
It is desired now to find a remedy for this condition of things, and no
other means of doing so has presented itself to the Government of the
King except by the denunciation of the two conventions in which the
immunity of the consular dwellings is stipulated.
As regards the convention with Belgium, it was denounced in February of
this year, and will, therefore, cease to have effect next February.
It remains now to denounce that with the United States, which, having a
duration of ten years, computed from the 17th day of September, 1868, on
which day the ratifications were exchanged, would expire, except in the
case of tacit renewal, on the 17th of September of next year.
To this end I hasten to signify, as I by this present do signify to you,
Mr. Chargé d’Affaires, as the actual representative of the Government of
the United States at Rome, the formal intention of the Government of the
King to terminate on the 17th of September, 1878, the effects of the
consular convention concluded at Washington on the 8th of February,
1868, and that in conformity with article 17 of the same convention.
In notifying you of this determination, I beg to add that the Government
of the King is not only disposed but greatly desires to conclude, as
soon as possible, with the Government of the United States a new
convention upon the same subject, to go into operation upon the
termination of the former, or even before, if thought advisable.
I feel confident that the new stipulation will not give rise to
difficulty, as we are disposed to reproduce in general the tenor of the
existing convention, except the words and
dwellings of article 6, which are naturally to be suppressed,
and whatever other special point which, as perhaps shown by past
experience, might be benefited by being better regulated or more clearly
defined.
I beg you, sir, to have the goodness to acknowledge the receipt of this
communication, and I take pleasure in confirming to you, Mr. Chargé
d’Affaires, the assurance of my most distinguished consideration.
