File No. 711.654/12.
The Chief of the Bureau of Citizenship to the Secretary of State.
Dear Mr. Secretary: I reached Rome last Thursday evening, having visited the Consulates at Marseilles, Nice and Genoa on my way from Paris.
The passport work here appears to be well organized, and there are not so many citizenship cases presented as there are at London and Paris. Probably the most difficult cases arising from the war have already been settled, that is, as far as they can be settled. So long as we continue to have no naturalization treaty with Italy, it appears to be impossible to obtain from the Italian Government a solution satisfactory to our Government of the cases involving military service in Italy on the part of Italians naturalized in the United States. I understand that in a few cases such persons have succeeded in leaving Italy and returned to the United States; but that the Italian Government conceded nothing in principle, and, as a matter of fact, usually compels naturalized Americans of Italian origin, who are found in Italy, to perform the military service for which they are liable under Italian law.
I understand from the Ambassador, moreover, that the Italian authorities have expressed an unwillingness to consider negotiations for a naturalization treaty at this time, for the reason that they are too much occupied by the war.
As to persons born in the United States of Italian parents, the Italian authorities have released those born after the naturalization of their parents as American citizens, as in the Da Prato case; but refuse to release those born before the naturalization of their parents, as in the Ghiloni case, whether or not the persons concerned are domiciled in the United States or appear to have made a practical election of American citizenship.
The Italian Government insists upon enforcing strictly the Italian law governing nationality and military service. This law is peculiar and, from our point of view, inconsistent; for, while it grants that Italians naturalized abroad lose their Italian nationality, it nevertheless holds them liable for the performance of military service in Italy, if such service had not already been performed before emigration.
The Italian law differs in this respect from the French law, which does not recognize a change of nationality at all until the necessary military service has been performed or a special permission to cast off French nationality has been obtained.
[Page 582]In view of the very large emigration from Italy to the United States it appears to be important to obtain a naturalization treaty if possible. Perhaps, if the Italian Government becomes convinced that our expatriation law is being enforced and that our Government has no desire or intention to protect naturalized Italians who return to Italy to live, of whom there are many, a satisfactory treaty may finally be obtained.
Very respectfully yours,