File No. 365.117/304

Ambassador Page to the Secretary of State

No. 461

Sir: Referring to the Department’s telegram No. 482 of February 18 relative to the detention in Italy for military service of Enrico Ajello and also to the Ghiloni case, I have the honor to report that immediately upon the receipt of the Department’s telegram I addressed another note to the Royal Minister for Foreign Affairs, carrying out the instructions contained in your telegram.

I also called upon the Minister personally and went over the whole matter with him. He promised to have all these military service cases studied anew; but I am far from sanguine as to the chance of [Page 403] having any further modification of the situation, inasmuch as he states that these matters are substantially in the hands of the military authorities who decide as to whether or not these detention cases fall under the law, which the Minister assures me is very clear and positive in its terms.

I pointed out to Baron Sonnino how difficult it was for us to relinquish a position based on the principle of citizenship by birth, whereas these cases are only individual instances so far as his Government is concerned, and the detained Americans may be released without calling up the question of the Italian laws on the subject.

In this connection I further directed his attention to the danger of extreme friction arising where the laws of two countries are in conflict on such an important principle and suggested that we should have a naturalization treaty.

At first, Baron Sonnino expressed himself as feeling that this was not an opportune moment to commence negotiations for such a treaty; but I argued that it was a most opportune moment when this question of conflict was likely to arise in case after case, and when there was actual danger of friction being caused which it might be difficult to allay; whereas, recognizing, as we both did, this danger, it should not be difficult for us to come to an accord in regard to the proper measures to avoid such friction.

The Minister appeared to be somewhat impressed by my arguments and asked me to furnish him with copies of any conventions which the United States might have with other nations relating to naturalization, saying that he would have the matter studied. I have accordingly sent him copies of the published treaties at present in existence between the United States and Austria, the German Confederation, and Belgium and I have some hope that the result may be the forwarding of some sort of convention mutually acceptable.

I further discussed with the Minister a matter cognate to this question of holding up American-born citizens in Italy; that is, the detention of the wives and children of naturalized Italian citizens in the United States with a view to compelling their husbands and fathers to return to Italy for military service.

The Minister did not appear ready to make any concessions in this matter, at least to the extent of promising to give orders that such wives and children should be permitted freely to join their husbands and fathers now in the United States; but I am informed that there has been some relaxation of the rule which has been in operation. As to this, however, I do not feel too certain, for I know that the representatives of some of the South American countries are at present complaining of the same sort of detention. Indeed, the Minister of the Argentines came to see me the other day to discuss, unofficially, this very matter, and in the course of our conversation he told me that the Italian Commissioner of Emigration here, or one of his underofficials, had plainly stated that the wives and children or mothers of those Italians whom they considered to be still bound by their military duties to return to Italy from America would not be permitted to leave Italy for the purpose of joining their relatives across the sea.

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I deem it proper to bring the foregoing to your attention for your future information and consideration in connection with these questions.

I have [etc.]

Thos. Nelson Page