File No. 365.117/316
[Inclosure 1—Translation]
[Untitled]
Foreign Office,
Vienna,
March 9, 1916.
With reference to the notes verbales No. 4948
of February 8 and No. 5189 of February 21, 1916, the Imperial and
Royal Ministry for Foreign Affairs has the honor to inform the
Embassy of the United States of America that it has not failed, upon
receipt of these notes, to request the Imperial and Royal Ministry
of War for conclusive action in this case by the military
authorities.
The Imperial and Royal Ministry of War reports that, while
endeavoring to accommodate the Government of the United States, it
is obliged to examine the conditions of the case with great care,
since Frank Ghiloni was taken prisoner as an Italian soldier with
arms in hand by Austro-Hungarian soldiers.
Aside from the proof of identity of Ghiloni still to be furnished,
the investigation of this case will principally affect the question
whether and to what extent Ghiloni had been compelled to join the
Italian army.
In the opinion of the Imperial and Royal Ministry of War this
question can not be answered in the affirmative until further
development, since it is very likely that, if Ghiloni had been
compelled to join the Italian army against his will, as an American
citizen he would have appealed to the American Embassy at Rome for
protection and by its intervention his dismissal would doubtless
have followed.
The anxiety contended as being caused to his mother by Ghiloni’s
fate, appears to the Imperial and Royal Ministry of War as hardly
justifiable in view of the well-known good treatment accorded to
Italian prisoners of war in this country, this so much the more
since Ghiloni is at present less exposed
[Page 405]
to dangers than he was at the time when he
fought against the Austro-Hungarian army with arms in hand.
The Imperial and Royal Ministry besides instructed the command of war
prisoners’ camps at Mauthausen of the relevant points necessary in
the consideration of the case.
As regards to a definite attitude in this case it would be of special
interest to the Imperial and Royal Ministry of War to be informed
what safeguards could be offered should Ghiloni be dismissed and
that in such an event he would not carry arms against
Austria-Hungary or its allies during this war.
The Imperial and Royal Ministry for Foreign Affairs awaits
information on this point from the Embassy of the United States of
America.
[Inclosure 2]
[Untitled]
American Embassy,
Vienna,
March 16, 1916.
The American Embassy presents its compliments to the Imperial and
Royal Ministry for Foreign Affairs and with reference relative to
the American citizen, Frank Ghiloni, who was taken prisoner by the
Austro-Hungarian forces and is now interned in the Monarchy, has the
honor to state that information was received from the Department of
State to the effect that the man in question was born at
Marlborough, Massachusetts, on August 4, 1885, his father being an
Italian subject who obtained naturalization as a citizen of the
United States on February 12, 1886; that it further appears that
Frank Ghiloni went to Italy when he was two years of age, returning
to the United States in May, 1897 and residing there continuously
until June, 1914, when he went to Italy for his health upon the
advice of his physician. It was during this visit that he was
impressed into the Italian Army. Subsequent to his impressment a
formal request was made to the competent Italian authorities by the
American Embassy at Rome for his release, which was, however, not
granted on the ground that “he was born an Italian and only
afterwards took up his abode and citizenship in another
country”.
This Embassy has cabled to the Department of State requesting
information as to what guaranties can be given that Frank Ghiloni
will not again bear arms against the Monarchy or its allies during
the present war in case he should be released, and in accordance
with the request of the Imperial and Royal authorities the desired
information will be transmitted upon its receipt