File No. 365.117/32.
Consul Shank to the Secretary of State.
Palermo, September 2, 1914.
Sir: I have the honor to say that the emigration authorities claim that children born abroad of Italian parents are Italians unless the parents had become naturalized prior to the birth of the child. In this they are no doubt correct, but it is my understanding of international law that when a person is claimed as a citizen of two countries he has the right to elect to which one he will give his allegiance. In the absence of any written declaration on his part I understand that his acts will determine to which country he belongs.
In the case of Mr. Vincent Macaluso the facts are: he was born on August 6, 1887; his father has lived in the United States for 27 years but has never been naturalized; Vincent Macaluso has lived all his life in the United States and came to Italy for the first time in July, 1914, and has never claimed allegiance to any other Government than that of the United States.
The Inspector of Emigration has informed him that he will not be allowed to depart as he is liable to military service in Italy. He appealed to me and I wrote to the Inspector protesting that they had no right to detain native-born citizens. The Inspector replied as follows:
The position of Vincenzo Macaluso in respect to his duties of citizenship is as follows: He was born in America of Italian parents, they still being Italians. Although he subsequently became an American citizen, he cannot be exempted from military service in pursuance of Articles 4, 11 and 12, Civil Code. This is absolutely explicit under our laws. I consequently regret your protest, especially so because it is generally known that this office has always a scrupulous respect for the rights of all citizens and that is always first, whenever occasion arises, to raise its voice in behalf of aliens, of whatever nationality.
I add that, having communicated with the Commissioner of Emigration in Rome, I have his approval. I regret therefore that for the present Macaluso cannot leave.
I have reported this case to the Ambassador at Rome and asked his assistance.
In another case the Inspector changed his decision on the ground that the father had become naturalized while the son was still a [Page 405] minor. Many other cases have arisen and in some instances the persons have been able to avoid the authorities and have departed.
The authorities also object to the fact that our passports are the same for native and naturalized citizens and they have insisted on having birth certificates and many other proofs of identity.
Nearly all naturalized Italian-Americans are detained even when they have previously been excused from military service. This is an especial hardship for some who have businesses and positions in America and are not able to return. They are not mustered into the army but are merely prevented from leaving in case Italy should have war.
In view of these facts I think Americans intending to visit Italy should be advised of the trouble they are liable to meet.
I report the above that the Department may take such action as it may deem advisable to relieve Americans of the embarrassments which they may have if they come to Italy.
I have [etc.]