File No. 711.654/7.
The Secretary of State to
Ambassador Page.
No. 65.]
Department Of State,
Washington,
June 19, 1914.
Sir: With reference to the last paragraph of
your despatch No. 52, of January 5, 1914, concerning the Department’s
“Notice to American Citizens Formerly Subjects of Italy who Contemplate
Returning to that Country,” 1 send you herewith a copy of a letter of
June 5, 1914, from the Honorable Charles B. Smith, a Representative in
Congress from the State of New York, concerning the introduction in
Congress of a proposed resolution asking the Department to negotiate for
a treaty of naturalization with Italy. I also enclose a copy of the
Department’s reply of this day, calling your special attention to the
references therein to previous correspondence with your office
concerning the negotiation of a naturalization treaty between this
country and Italy.
As a step preliminary to the formal opening of further negotiations with
the Italian Government, looking to the conclusion of a treaty of
naturalization, the Department desires to be informed as to what
changes, if any, have been made in the Italian laws since
[Page 403]
the correspondence with your
office in the year 1911, which would seem to make the conclusion of a
naturalization treaty more feasible than before.
I am [etc.]
For the Secretary of State:
Robert Lansing
.
[Inclosure 1.]
The Honorable Charles B.
Smith to the Secretary of
State.
House of Representatives,
Washington,
June 5, 1914.
My dear Mr. Secretary: I have had under
consideration the introduction of a resolution asking the State
Department to negotiate for a further treaty with Italy. The purpose
I have in mind is to obtain from the Italian Government a concession
which will permit Italians who have become American citizens to
return to their homes in Italy to make a visit without being in
danger of arrest for violating the laws in regard to military duty.
One of my friends, a professional man, who was two years old when he
left Italy, would like to visit his old home in his native country.
He is a citizen of the United States and a most estimable young man.
But he does not dare to visit his relatives in Italy owing to the
fear of the conscription regulations of the Italian Government.
I have a population of more than thirty thousand Italian-Americans in
my Congressional District. Those who are affected in this particular
have been persistent in their desire that something be done to make
it possible for them to visit Italy. I will be glad to have your
views on this subject.
Very sincerely yours,
[Inclosure 2.]
The Secretary of State
to the Honorable Chas. B.
Smith.
Department of State,
Washington,
June 19, 1914.
Sir: The Department has received your
letter of June 5, 1914, concerning the proposed introduction in
Congress of a resolution asking the Department to negotiate for a
treaty of naturalization with Italy, for the purpose of obtaining
from the Italian Government “a concession which will permit Italians
who have become American citizens to return to their homes in Italy
to make a visit without being in danger of arrest for violating the
laws in regard to military duty.”
This Government has repeatedly approached the Government of Italy for
the purpose of obtaining a naturalization treaty, the last time in
the year 1911. I enclose, for your information, copies of the
Department’s instructions to the Embassy at Rome, Nos. 173, of
February 11, 1907, and 185 of April 6, 1911, directing the Embassy
to negotiate for the conclusion of a treaty of naturalization, and
stating the reasons therefor; and copies of despatches from the
Embassy, Nos. 389, of June 19, 1908, and 446, of September 15, 1911,
giving the grounds upon which the Italian Government declined to
conclude such a treaty. You are also referred to Moore’s
International Law Digest, Volume 3, page 614, and the volume of Foreign Relations of the United States
for 1896, pages 422 et seq.
In view of the repeated attempts of this Government to obtain a
treaty of naturalization with Italy, through the Embassy at Rome, it
may reasonably be presumed that the Italian Government is aware of
the desire of this Government to conclude such a treaty. Perhaps a
joint resolution of Congress asking the Department to open further
negotiations for a naturalization treaty would impress the
Government of Italy with the importance which is attached to this
matter by the people of the United States, I may add that the
Department has recently had under consideration the question of
instructing the Embassy at Rome to approach the Italian Government
again with regard to the conclusion
[Page 404]
of the desired treaty. It is the understanding
of the Department that the principal obstacle to the conclusion of a
naturalization treaty is found in Article 12 of the Italian Civil
Code, which provides that the law of Italian citizenship through the
naturalization of an Italian as a citizen of another country “does
not work exemption from the obligations of the military service, nor
from the penalties imposed on those who bear arms against their
country.” The Department, as a step preliminary to the formal
opening of further negotiations for a naturalization treaty with the
Italian Government, has this day forwarded to the Ambassador at Rome
a copy of your letter under acknowledgment, with instructions to
ascertain and inform the Department as to what changes, if any, have
been made in the laws of Italy since the correspondence in the year
1911, mentioned above, which would seem to make the conclusion of a
naturalization treaty more feasible than before. I shall be glad to
inform you of the Ambassador’s reply, and would like to be informed
of your final decision as to the introduction of the proposed
resolution.
I have [etc.]
For the Secretary of State:
Robert Lansing
.
