File No. 365.117/354

Ambassador Penfield to the Secretary of State

No. 1599

Sir: Adverting to the Department’s telegram No. 1204 of April 25, my No. 1248 of May 5, and the Department’s No. 1215 of May 8, relative to the American citizen Frank Ghiloni, at present detained by the Austro-Hungarian authorities as an Italian prisoner of war, I have the honor to enclose herewith a copy with translation of a note verbale of May 1 from the Austro-Hungarian Ministry of Foreign Affairs, wherein are stipulated the conditions under which the competent authorities are prepared to release Ghiloni, as reported in my telegram No. 1248 above referred to. I furthermore have the honor to enclose a copy with translation of a note verbale of May 5 from the Ministry of Foreign Affairs expressing pleasure on receipt of the Department’s assurance that subsequent to his repatriation no passport would be issued to Ghiloni to leave the United States during the continuation of the war.

The substance of the Department’s telegram No. 1215, of May 8, has been duly communicated to the Austro-Hungarian Ministry of Foreign Affairs, with the request that the Embassy may be informed at an early date of the decision of the competent authorities, in order that the Department may be duly informed of Ghiloni’s departure for the United States.

I have [etc.]

Frederic C. Penfield
[Inclosure 1—Translation]

The Ministry for Foreign Affairs to Chargé Jay

With reference to the esteemed note verbale of April 5, 1916, the Imperial and Royal Ministry of Foreign Affairs has the honor to inform the Embassy of the United States of America that, according to a communication received [Page 415] from the Imperial and Royal Ministry of War, the latter has declared itself ready, considering the statement now made by the Department of State in Washington, to discharge the Italian soldier, Frank L. Ghiloni, under the following conditions, from war imprisonment and to transfer him to the American Embassy for the purpose of sending him to the United States.

First of all, Frank L. Ghiloni would have to make a sworn affidavit in the presence of an official of the American Embassy, in which he would have to declare that during the present war he will not again bear arms against the Austro-Hungarian Monarchy or its allies and that he will not leave the territory of the United States after his repatriation and during the above-mentioned period.

On the part of the Embassy of the United States of America care would have to be taken that the repatriation of Frank L. Ghiloni should take place not via Switzerland, but via Germany and Holland or Scandinavia; and that the above-named, on his way home, should not be seized by the Entente Powers and compelled to do military service.

The Embassy of the United States of America is requested to inform the Imperial and Royal Ministry of Foreign Affairs whether or not it will agree to the above-mentioned conditions so that, if this be so, the release of Ghiloni may take place without delay.

In this case the Imperial and Royal Ministry of Foreign Affairs would attach importance to being informed later on of Ghiloni’s arrival in America as soon as this ensues.

[Inclosure 2—Translation]

The Minister for Foreign Affairs to Chargé Jay

With reference to the esteemed note verbale of April 27, 1916, and its note verbale of May 1, 1916, the Imperial and Royal Ministry for Foreign Affairs has the honor to request the Embassy of the United States of America to be good enough to inform the Department of State in Washington that the Imperial and Royal Government had pleasure in receiving the assurance that subsequent to his repatriation no passport enabling him to quit the country will be issued to Frank L. Ghiloni, by American authorities within the duration of the present war.