No. 238.
Mr. Astor to Mr. Frelinghuysen.

No. 95.]

Sir: I have the honor to inclose herewith a copy and translation of a note received from the ministry of foreign affairs relating to the demand that the Rev. Father Valentine Teodoro Lanciotti may visit Italy unmolested.

I regret to say that the Italian Government refuses to grant such a permission, and if the reverend father should return to Italy he will be treated as one who has willfully failed to perform military duty and enrolled into the Italian army.

I have, &c.,

WILLIAM WALDORF ASTOR.
[Inclosure in No. 95.—Translation.]

Ministry for Foreign Affairs to Mr. Astor.

Mr. Minister: I received the note of the 16th August last that this legation of the United States has done me the honor of addressing to me in order to obtain that the Rev. Valentine Teodoro Lanciotti, born at Ciciliano (Rome) and now a naturalized citizen of the United States, might come to Italy to attend to his affairs without any molestation, although he has failed to render military service.

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I have immediately communicated the subject of the note to my colleague, the minister of war, who has replied to me that it is not possible to grant any authorization to this effect, because the fact of having become a citizen of the United States does not exempt Mr. Lanciotti from the obligations that he has towards the military laws of Italy, and for not having complied with them, returning to his native country he cannot be treated otherwise than as one who has willfully failed to perform military duty. (Art. 12, C. Civile.)

Nevertheless, Mr. Lanciotti may return to Italy without being molested, in case only that he means to make his position regular in regard to the conscription. To this end it would be necessary for him to procure from the consul of the place where he resides, and if there is none there from the nearer consulate, a special paper for Italy. On his arrival in Italy he should present himself to the military authority, and after the visit he will be by the same authority referred for trial to the judiciary authority that has the power to judge him. Before this authority he will be able to bring forth all those reasons that he shall deem useful to obtain a diminution of the penalty, or acquittal. After the judgment, if absolved, or after having undergone the punishment if condemned, Mr. Lanciotti must present himself to the recruiting board, and if found able for military service, he will be enrolled according to article 160 of the laws of enrollment.

I regret, Mr. Minister, not to be able to give a more favorable reply to the note of this legation, but the military laws are very severe and admit no exception whatever.

I avail, &c.,

For the minister:

MALVANO.