File No. 365.117/32.
The Acting Secretary of State to Consul Shank.
Washington, October 14, 1914.
Sir: The Department has received your despatch No. 10, of September 2, 1914, concerning the detention in Italy, for military service, [Page 410] of Vincent Macaluso, who was born in this country August 6, 1887, of Italian parents, and has resided during all his life in the United States until July last, when he went to Italy for a visit. It appears that you appealed to the Inspector of Immigration to permit Mr. Macaluso to leave Italy, but that he declined to do so because of the fact that this man was born an Italian subject under the law of Italy, and cannot be exempted from military service in Italy, according to Articles 4, 11 and 12 of the Civil Code.
Your action in endeavoring to obtain permission for Mr. Macaluso to leave Italy and return to the United States is approved, and similar action should be followed in all such cases which come to your attention where it is clear that the persons concerned are domiciled in this country, and have made practical election of American rather than Italian nationality. However, in the absence of a treaty between the United States and Italy governing such cases, this Government is not in a position to press the matter to a satisfactory conclusion in case the Italian authorities are unwilling to recognize the persons concerned as American citizens.
I am [etc.]