365.112Eagan, Edward P. et al.
The Ambassador in Italy (
Fletcher
) to the Secretary of State
Rome
,
August 20,
1926
.
[Received September 3.]
No. 965
Sir: I have the honor to transmit herewith a
translation of a personal letter from the Italian Undersecretary of
State to me,4
enclosing an Aide Memoire, intended as a reply to
my representations to the Italian Government, based on an Aide Memoire of which a copy is enclosed, in the
case of the arrest of the American boys … at Naples on October 16,
1925.
[Page 441]
The reply of the Foreign Office was handed to the Counselor of this
Embassy on the 18th, instant, by Undersecretary of State, Grandi, who
explained to Mr. Robbins that he was delivering the Note to him
personally in order that his action might be more friendly and informal.
The Undersecretary declared that the police authorities at Naples had
been reprimanded for not notifying the Consul General of the arrest of
the three Americans, but that this fact had not been mentioned in the
enclosure with his personal letter. He added that the omission of this
statement was owing to the fact that, according to the Consular
Convention between the United States and Italy,5 the Italian
authorities were in no way obligated to make such reports, although in
the past it had been customary to do so.
The Counselor emphasized again the hardships suffered by the young men
through the stupidity of the police authorities, and said that one could
readily understand that three young men in good standing, who were on
their way around the world, could scarcely be anything but humiliated
and disappointed at being taken off a passenger ship on which they were
about to embark for Egypt and India. He pointed out also that had the
police authorities taken the trouble to communicate immediately with the
American Consul General the mistake and arrest would in all probability
not have occurred.
I have [etc.]
For the Ambassador:
Warren D.
Robbins
Counselor of
Embassy
[Enclosure 1]
The American Ambassador (
Fletcher
) to the Italian Under Secretary of State for
Foreign Affairs (
Grandi
)
Aide-Mémoire
Reference is made to the detention last September of the three
American citizens … by the local authorities at Naples upon
suspicion that they had been implicated in a theft of jewelry in
Rome.
In its Notes No. 277 of October 1 [21], 1925,
and No. 444 of April 10, 1926,6 the Embassy pointed out that no opportunity had
been given the prisoners to communicate with the American Consul
General at Naples, one of them having been actually restrained by
force from telephoning to the Consulate General, and that the
Italian [Page 442] authorities at
Naples failed to inform the Consul General of the detention of his
compatriots until after they had been released and had reported in
person at his office.
Having duly communicated to the American Government the text of the
Notes of the Foreign Office, dated December 21, 1925, and May 25,
1926,6a the
Embassy has now been informed that its Government cannot accept the
declarations of the Italian Government, contained in these Notes, on
this point as satisfactorily disposing of the matter.
The Embassy is instructed, therefore, again to emphasize the fact
that the authorities at Naples not only refused to permit the
prisoners to communicate with the Consul General but failed to
inform him of their detention until after they had been released and
had reported in person at his office. Hence, the American Government
feels that the assurances asked in the Embassy’s Note No. 444 of
April 10, 1926,7 are
not excessive, and hopes that, as a result of the present
representations, the Italian Government will agree that apologies
from the local authorities at Naples to the three Americans and to
the American Consul General there are in order, and that the Italian
Government will see fit to issue specific instructions designed to
prevent the recurrence of similar incidents.
[Enclosure
2—Translation]
The Italian Minister for Foreign Affairs
(
Grandi
)
to the American Ambassador (
Fletcher
)
Aide-Mémoire
The Royal Ministry of Foreign Affairs has duly considered the
contents of the Aide Memoire transmitted by
the Embassy of the United States of America under date of July 8th
last, relative to the detention in Naples of the American citizens …
with the greatest attention, with a most friendly spirit, and with
the intention of adhering as much as possible to the desire of the
Government at Washington. The Royal Ministry, however, is compelled
to confirm its conclusions contained in its Note
Verbale No. 221055 of May 25th last.7
But, inasmuch as the United States Government believes that it cannot
accept such conclusions and insists that the Italian authorities in
Naples not only prevented the persons detained from communicating
with their Consul, but that said authorities abstained from
informing him directly regarding the facts during the period of [Page 443] detention, the Ministry of
Foreign Affairs must draw the courteous attention of the United
States Embassy to the following considerations, with the request
that the Embassy appeal to the spirit of well-known equity of its
Government at Washington:
- 1.
- The authorities in Naples were under no obligation, during
the time the investigations were being conducted by the
judicial authorities, to inform the Consul of the United
States of the detention in question, neither because of
existing treaties between Italy and the United States, nor
by virtue of international usages.
- 2.
- For the same reasons, they were under no obligation to
allow the detained persons to telephone, and it is obvious
that prisoners must be prevented [restrained?] by force.
- 3.
- The authorities in Naples did not intend, through their
attitude, to offend the Consul General of the United States,
to whom they did not fail, as a mark of courtesy, to
communicate the occurrence as soon as … were liberated; and
it is evident that, by their mode of procedure, the Italian
authorities did not intend in the least to offend the
aforementioned persons, but simply to assure to the police
authorities the authors of a theft committed to the
detriment of an American citizen.
