File No. 365.117/59.
[Inclosure—Translation.]
The Minister for Foreign
Affairs to Ambassador Page.
No. 6.]
Foreign Office,
Rome,
January 7, 1915.
Mr. Ambassador: With reference to your
last note, of the 9th of December, No. 341, in regard to the
Cassetta case,3 I have the honor to inform your excellency
that the Minister of War has just advised me that the incomplete
information as yet in the possession of that Ministry regarding
Domenico Cascetta or Cassetta makes it necessary to still further
delay a definite reply to your excellency’s inquiries regarding
him.
It has been ascertained, however, that Domenico Cascetta, the son of
Anello and Gentilella Rosa, was born at Auletta, in the District of
Sala Consilina, on May 30, 1878, and his present military status is
perfectly regular, because the class to which all those born in the
same year in which he was born has been enrolled in the Third
Category.
The Prefect of Naples as well as the Under Prefect of Sala Consilina
have been unable to furnish any explanation regarding the obstacles
which are alleged to have been interposed to prevent Mr. Cassetta’s
return to the country of his adoption. On the contrary, those
officials affirm that no demand has ever been made upon them for a
passport by Mr. Cassetta.
Speaking generally upon this subject of the return to the United
States of former Italians naturalized in that country, I have the
honor to point out to your excellency that while the provisions of
Royal Decree No. 803 of August 6, 1914, may have suspended the
emigration from Italy of every one of military age, nevertheless a
circular telegram from the Ministry of the Interior dated September
7 last, which circular was afterwards confirmed by the Ministry of
War, with a desire of moderating somewhat the effects of that
decree, authorized the prefectural authorities of the Kingdom, in
all cases of admitted and proven necessity, to issue passports to
those belonging to the Third Category and, generally speaking, to
those belonging to the Territorial Militia as well.
In view of the foregoing, it would not have been very difficult for
Mr. Cascetta to have obtained permission to return to the United
States, whenever he made the proper showing that it was necessary
for him to go there.
In order for him to obtain a passport it will be necessary that he
apply to the Under Prefect at Sala Consilina, which is his
recruiting district.
In conclusion, it should be pointed out that Cassetta, even if he had
proved that his Italian citizenship had been lost in order for him
to have obtained his American citizenship, could not be exonerated
by this fact, from military service in Italy in view of Article 12
of the Civil Code, which was in full force and effect at the time he
acquired his American citizenship, and at the time when he should
have been in Italy performing his duties as a soldier.
Accept [etc.]
