File No. 365.117/354
Ambassador Penfield
to the Secretary of State
No. 1599
American Embassy,
Vienna,
May 15, 1916.
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.]
[Inclosure 1—Translation]
The Ministry for Foreign
Affairs to Chargé Jay
Foreign Office,
Vienna,
May 1, 1916.
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
Foreign Office,
Vienna,
May 5, 1916.
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.