File No. 365.117/304
The Secretary of State to Chargé Jay
Washington, May 1, 1916.
Sir: I have received and read with much interest your despatch No. 461, of March 4, 1916, reporting the representations which you have recently made to the Italian Minister for Foreign affairs concerning the detention in Italy and impressment into the army of persons born in this country of Italian parents, and persons of Italian birth who have obtained naturalization as citizens of this country, and also the detention of the wives and children of naturalized Italians for the purpose of inducing the latter to leave the United States and report for military service in Italy.
For the reasons mentioned in your despatch, I fully realize the difficulties in the way of reaching a satisfactory agreement with the Italian Government concerning citizenship cases at the present time. The correspondence concerning the cases of Ghiloni and others seems to indicate a determination on the part of the Italian authorities to abide strictly by the letter of the Italian law and to make no concessions upon general principles. In several cases you were instructed to ask the Italian authorities to recognize the application of the principle of election of nationality on the part of persons born in the United States of unnaturalized Italian parents, but I have not observed any willingness on their part to do so, notwithstanding the fact, recently called to my attention, that the Italian law of citizenship promulgated June 30, 1912, contains a provision explicitly recognizing this principle. This provision, which is found in Article 7 of the law mentioned, was quoted in the Department’s instruction No. 309 of March 23 last and was referred to in the Department’s telegram No. 518 of March 31. It would be interesting to obtain a definite written statement from the Italian Foreign Minister as to whether the provision of Article 7 of the Italian law of citizenship of June 30, 1912, is applicable to the cases of persons who were born in the United States of unnaturalized Italian parents, have maintained their domicile in this country and have evidently made a practical election of American rather than Italian nationality. In this connection I may say there has been considerable feeling manifested in this country concerning detention by the Italian authorities of persons having the status just mentioned. The feeling in regard to these cases seems to be even stronger than that concerning the detention in Italy of persons of Italian birth who have acquired American citizenship through naturalization. There has also been considerable feeling over the detention in Italy of the wives and children of naturalized American citizens residing in this country and I consider that you should remonstrate earnestly whenever cases of this kind are brought to your attention. In this connection I should like to be informed whether the Ministers from the Argentine Republic and other South American countries, mentioned [Page 410] in your despatch, have remonstrated with the Italian Government concerning these cases.
I desire that you continue to avail yourself of every suitable opportunity to impress upon the Italian Government the views of this Government concerning cases of the kind mentioned in your despatch. The conclusion of a treaty of naturalization definitely settling the status of persons of Italian birth who have acquired naturalization as citizens of this country and persons of American birth who have obtained naturalization as subjects of Italy is greatly to be desired. In discussing this particular matter with the Italian Foreign Minister I suggest that you call special attention to the provision of Section 2 of the Expatriation Act of March 2, 1907, that “when any naturalized citizen shall have resided for two years in the foreign state from which he came * * * it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years”; also to the provision of the second paragraph of Section 15 of the Naturalization Act of June 29, 1906, to the effect that, when a naturalized citizen of the United States establishes himself permanently in his native land within five years after obtaining naturalization in this country, proceedings may be instituted to cancel the naturalization upon the ground that it was fraudulently procured. It would be well to mention the fact that the principle underlying these laws is also embodied in most of the naturalization treaties which the United States has concluded with other countries. For example, Article 4 of the Naturalization Treaty of 1868 between the United States and the North German Confederation contains the following provisions:
If a German naturalized in America renews his residence in North Germany, without the intent to return to America, he shall be held to have renounced his naturalization in the United States.
The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.
The statutory and treaty provisions mentioned above should convince the Italian Government that this Government has no desire to extend its protection to persons of Italian birth who have obtained naturalization as citizens of this country and have subsequently returned to their native land for permanent residence. It is the desire of this Government to extend its protection only to naturalized American citizens who obtained their naturalization in good faith and intend to continue their residence in the United States, and to persons who have acquired American citizenship through birth in this country and have elected American rather than foreign nationality.
With relation to the class last mentioned, you may observe that this Government has declined to make any representations in cases of persons who were born in the United States but who had established themselves in Italy during early infancy and evidently had made a claim to American citizenship only for the purpose of avoiding the performance of military service in Italy. It is the desire and [Page 411] intention of the Department always to make a careful discrimination in these cases and to extend its protection only to those who are American citizens in fact as well as in name. I am [etc.]