Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915

File No. 365.117/149.

Chargé Jay to the Secretary of State.

No. 360.]

American Embassy,
Rome, August 24, 1915.

Sir: Referring to the Embassy’s telegram No. 383 of this morning, reporting the release from military service of Mario Ugo Da Prato, I have the honor to enclose, herewith, translation of the Foreign Office note received this morning which gives this information.

I desire respectfully to draw attention to the second paragraph which virtually states that Da Prato must return to the United States, or in any case leave Italy within two months.

It would appear to me that, from the point of view of international law, the Italian Government has not the right in this case to enforce the departure from Italy of a native-born American citizen, though I realize that in municipal law it possesses the right to deport any foreigner.

The Department will doubtless give the Embassy instructions by telegraph, should it desire any action taken upon this point. I may however, express a personal opinion that it would perhaps be inadvisable at this time to raise objections, owing to the great difficulty which the Embassy has experienced in securing the release of American citizens now with the colors.

It will be recalled (see the Embassy’s despatch No. 318 of June 17) that the Foreign Office in its note of May 4 (a copy of which was enclosed in the above-mentioned despatch) claimed that Da Prato had resumed his Italian nationality, or rather had become an Italian subject through his father’s residence in Italy.

I have [etc.]

Peter A. Jay.

[Inclosure—Translation.]

The Minister for Foreign Affairs to Ambassador Page.

Ministry for Foreign Affairs,
Rome, August 23, 1915.

Mr. Ambassador: I have the honor to inform your excellency that, according to a communication which has just reached me from the Royal Ministry of War, instructions have been given on the 20th instant for the release from military service of Mario Ugo Da Prato.

The Royal Ministry of War has added, however, that said concession has been made under the presumption that Da Prato intends to reestablish his residence abroad, as would appear from his petition, and for such expatriation a period of two months from the date of release has been fixed, which is similar to those rules regulating leave for temporary residence at home (in patria) of soldiers granted provisional exemption in time of peace.

Pray accept [etc.]

S. Sonnino.