File No. 365.117/159.
Ambassador Page to
the Secretary of State.
No. 362.]
American Embassy,
Rome,
August 27, 1915.
Sir: Referring to Department’s No. 194 of
August 4, the Department is already in receipt of information that Ugo
Da Prato has been released from military service by the Royal Italian
Government, together with other Italian citizens, born of Italian
parents after their father had become naturalized. This is in accord
with a desire expressed by the Minister for Foreign Affairs to find some
line of demarcation by which, according to his view, cases of
American-born citizens whom Italy can release without change of her
fundamental law may be segregated from cases in which release would
require such change, which I understand him to consider impossible.
In this connection I have the honor to report that I have just received
from the Foreign Office a despatch, of which I enclose a translation,
relative to the cases of Francesco Ghiloni and Leroy Barsotti, both of
whom it appears were born before their fathers became naturalized
Amercian citizens.
In the case of Leroy Barotti, the Ministry for Foreign Affairs replied by
note verbale of July 19, forwarding the decision of the Royal Ministry
of War relative to this Embassy’s application for Barsotti’s release, a
copy of which is hereto attached.
In the case of Francesco Ghiloni, the Foreign Officer has repeated the
decision of the Royal Ministry for War, maintaining its position that
even if he had during his minority lost his Italian citizenship in
consequence of the naturalization obtained in the United States by his
father, that fact would not have exempted him from military service in
Italy under Art. 12 of the Civil Code. A copy of the translation of the
said note verbale of date May 16, 1915, is herewith enclosed.
I have [etc.]
[Page 577]
[Inclosure 1—Translation.]
The Minister for Foreign
Affairs to Ambassador Page.
note verbale.
In reply to the American Embassy’s note of April 28, The Royal
Ministry for Foreign Affairs regrets very much to be obliged to make
known to that Embassy that according to a decision just received
from the Royal Ministry of War Francesco Ghiloni belonging to the
Class of 1885 cannot be considered as exempt from his military
obligations in Italy.
In fact, even if he had during his minority lost his Italian
citizenship in consequence of the naturalization obtained in the
United States by his father, that fact would not have exempted him
from military service in Italy, as is explicitly pointed out in Art.
12 of the Civil Code, which was still in force when he was called to
the colors with the class to which he belongs by reason of his
age.
This being the state of the case, the Royal Ministry of War has
instructed the Prefect of Lucca to summon Ghiloni before him for
personal examination, and for his enlistment before the Council of
Recruiting of that Military District.
Ministry for Foreign Affairs,
Rome, May
16, 1915.
[Inclosure 2—Translation.]
The Minister for Foreign
Affairs to Ambassador Page.
note verbale.
In response to the esteemed note verbale of the American Embassy of
May 28, concerning Leroy Barsotti, the Royal Ministry for Foreign
Affairs has the honor to communicate to that Embassy the following
almost textual translation of the decision rendered by the Royal
Ministry of War relative to the American Embassy’s application for
his release from military service:
The soldier Leroy Barsotti was included in the general
mobilization of the Kingdom and obeyed the call to arms of
the Class of 1894 to which he belonged without making any
objections upon the ground that he was a foreigner.
Consequently, while not denying that this young man during
his minority had lost his Italian citizenship because of the
naturalization of his father in 1903, it is held that he has
now reacquired that Italian citizenship according to the
terms of Art. 3, para. 1 of the Citizenship Laws of the
Kingdom now in force, and is therefore held to be definitely
enlisted in the military service of the Kingdom.
The Ministry of War regrets therefore very much that it is
not able to consent to the liberation of the said Leroy
Barsotti.
Ministry for Foreign Affairs,
Rome, July 19, 1915.
[Inclosure 3—Translation.]
The Minister for Foreign
Affairs to Ambassador Page.
Ministry for Foreign Affairs,
Rome,
August 27, 1915.
Mr. Ambassador: Referring to my note of
the 23d instant12 concerning the case of Da
Prato, I have the honor to inform your excellency relative to
Francesco Ghiloni and Leroy Barsotti both of whom were born Italian
citizens whose fathers were Italian and who became Americans only in
their minority by naturalization of their fathers, the Royal
Ministry of War confirms its previous decision and has declared its
inability to permit their release.
I must therefore confirm to your excellency the communication already
made in my note of May 16 and note of July 19 concerning the
above-mentioned youths.
I have [etc.]
