File No. 365.117/231.
Ambassador Page to
the Secretary of State.
No. 412.]
American Embassy,
Rome,
November 19, 1915.
Sir: Immediately upon the receipt of the
Department’s telegram5 No.
327 of September 23 instructing me to obtain if possible the release
from military service in the Italian army into which he had been
impressed of Benni Guerrini, I presented the facts in his case to the
Foreign office and requested the good offices of that Ministry with a
view to obtain his release.
I am today in receipt of the decision of the military authorities, a copy
of which is herewith transmitted.
The decision sets forth that if Guerrini had protested against his
enlistment such a protest would have received favorable consideration.
The military authorities claim, however, that he voluntarily sought
enlistment and point out that there is a specific Italian law to the
effect that voluntary enlistment cancels foreign citizenship. It is
therefore held that Guerrini must remain in the Italian army until the
end of the present war.
I have [etc.]
[Inclosure—Translation.]
[Untitled]
In response to the American Embassy’s note verbale No. 765 of
September 25, last, the Royal Ministry for Foreign Affairs has the
honor to make known to that Embassy that the Ministry of War, having
given full consideration to the demand made by that Embassy for the
release from military service of Benni Guerrini, regrets very much
that it is not able to accede to such request.
The Royal Ministry of War points out, as a matter of fact, that
Guerrini, having been born after the naturalization of his father,
would have had the right, of his own accord, to have his name
canceled from the military recruiting lists of the Kingdom; but that
he did not elect to avail himself of such legal right.
On the contrary, at the time his class was called to the colors, far
from desiring to be considered as a foreigner, he voluntarily
requested and obtained, upon the presentation by him of the
necessary documents, the privilege of being assigned to the second
category, in which class he has been actually serving since February
7, 1915.
Upon the application to this case, therefore, of the provisions of
Article 3, No. 1 of the existing Citizenship Law of June 13, 1912,
No. 555, it results that this young man has re-acquired full Italian
citizenship in consequence of his voluntary enlistment and must
therefore remain unquestionably and fully Amenable to the military
requirements of Italy.
Royal Ministry for Foreign Affairs:
Rome, November 16, 1915.
