The Italian Chargé (Marchetti) to the Secretary of State
Mr. Secretary of State: I have the honor to refer to the note of the Department of State dated May 8th1 concerning the recognized opportunity of altering the provisions of the Treaty for the Advancement of Peace concluded between the United States and Italy on May 5, 19142 so as to make the terms of office of the Members of the International Commission of indefinite duration.
My Government, having carefully examined the draft of treaty3 enclosed in said note, has some suggestions to make regarding the wording of the draft. Such suggestions, however, do not affect the substance of the text, but are only intended to render its provisions more precise.
1) In the Preamble, the reference to the Treaty of 1914 does not appear to be quite exact, inasmuch as that Treaty is referred to as “Treaty of Conciliation” while its title is “Treaty for the Advancement of Peace”.
2) Concerning Article I of the draft, it appears that no mention is made of the presidency of the Commission to be constituted, nor of the eventuality of the substitution (sometimes necessary) of a Member in the same Commission before examination of a question; while both such points seem to be important and calling for a definition. It seems, moreover, that it would be advisable to render more precise the provisions concerning costs and compensations involved in the operation of the Commission. My Government suggests the opportunity of employing a formula on the like of those generally used with reference to the composition of similar Commissions, provided for in recent Arbitration Treaties, which formula would make the wording of Article I read as in the enclosed draft (in Italian).
3) Concerning Article III, my Government observes that the reference to ratification “in accordance with the constitutional requirements of the High Contracting Parties” does not seem opportune, [Page 615]since the question is a mere internal order, exhausting its effects, for either State, within the province of its own juridical system.
Moreover, in accordance with the procedure customarily followed that the exchange of ratifications be accomplished in the country wherein the signature of an International Act has not taken place, my Government has expressed the desire that the ratifications be exchanged at Rome. Article III might therefore be worded as follows: “The present treaty shall be ratified, and the ratifications thereof shall be exchanged in Rome as soon as possible, etc.”
I would be very much obliged to Your Excellency for kindly taking into consideration the points that precede and to examine whether the suggestions made are acceptable to the United States Government. In such case, should Your Excellency have no objection, my Government would propose, for the treaty to be entered into, the text the Italian reading of which is herewith enclosed.4
In case Your Excellency concur in the suggestions submitted above, I should be greatly indebted to Your Excellency for having the proposed text translated into English and the translation sent to me, so that I may obtain from my Government its definitive approval.