File No. 711.654/8.
Ambassador Page to the Secretary of State.
Rome, September 9, 1914.
Sir: I have the honor to acknowledge the receipt of the Department’s instruction No. 65, dated June 19, 1914, enclosing 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.
In compliance with your instructions, the Embassy on July 3, 1914, addressed a note to the Minister for Foreign Affairs requesting to be informed as to what changes, if any, have been made in the Italian naturalization laws since the correspondence with the Embassy in the year 1911.
In his reply, dated July 30, 1914, the Minister informed Mr. Jay that the new citizenship law of Italy was approved on June 13, 1912, and that on August 2, 1912, a royal decree was promulgated which approved the regulations for the application of the law. A copy of the new law, and of the decree were enclosed.
The Embassy has carefully examined the new law, in order to ascertain the principal differences between it and the laws preceding it.
It appears that until the month of June, 1912, questions of Italian nationality, the loss of nationality, the resumption of nationality and the naturalization of foreigners in Italy were regulated by the Italian Civil Code, Arts. 4 to 15.
The greatest difficulty heretofore experienced by countries desirous of negotiating naturalization treaties with Italy consisted in Art. 12 of the old Civil Code, worded as follows:
The loss of nationality (in the cases mentioned in the preceding article) does not work exemption from the obligation of military service, nor from the penalties imposed on those who bear arms against the country.
The new Italian Citizenship Law of June 13, 1912, abrogates all preceding ones, and especially Arts. 4 to 15 of the Civil Code.
In as far as obligatory service is concerned, the new law contains the following provision:
Art. 8. (last paragraph) Loss of nationality (in the cases provided for by this Article) does not work exemption from the obligation of military service except in cases provided for by special laws.
It appears, therefore, that, by the addition of the words “except in cases provided for by special laws,” Italy reserves the right to negotiate treaties of naturalization with other countries in which the fact of the foreign naturalization of an Italia subject so operates as to exempt such subject from the obligation of military service.
The operation of the existing laws referred to cause much dissatisfaction among our naturalized citizens of Italian birth who return to Italy on visits or for business purposes, and are liable to cause friction. We have had one or two cases of our seamen being held here; several cases of priests and clergymen being held; and one just now of a native-born citizen being forced in the army.
In the opinion of the Embassy, therefore, it would appear to be opportune to introduce legislation with a view to opening negotiations for a treaty of naturalization with Italy.
I have [etc.]