865.4016/75a: Telegram
The Secretary of State to the Ambassador in Italy (Phillips)
96. Embassy’s telegrams No. 223, September 1, 6 p.m. and No. 225, September 2, 5 p.m. regarding anti-Jewish decree-laws applicable to foreigners.
Please request an early interview with Count Ciano and present the following note, making at the same time an oral statement in the sense thereof.
“I have the honor to inform Your Excellency that I have been instructed by my Government to bring the following matter to your attention.
The Official Gazette of September 12, 1938 published the text of Decree-law No. 1381 which provides among other things that from the date of publication foreigners both of whose parents are of the Jewish race are forbidden to fix their permanent residence in the Kingdom, in Libya, and in the Aegean possessions; and that foreigners both of whose parents are of the Jewish race who at the date of publication are residing within the Kingdom, Libya, and the Aegean possessions and who began their sojourn therein subsequent to January 1, 1919 must leave Italian territory within 6 months from the date of publication. Expulsion, after application of penalties, from Italian territory is provided for non-compliance with the above obligation. It is further provided that controversies which may arise in the application of the decree-law shall be settled case by case by decree of the Minister of the Interior.
The Official Gazette of September 13, 1938 published Decree-law No. 1390 whereby all persons both of whose parents are of the Jewish race are barred from the teaching profession in general and from admission to all schools and institutions of learning recognized by the state.
While the Treaty of Commerce and Navigation between the United States and Italy of 1871,36 which contained provisions for establishment and residence, has been abrogated, nevertheless Italians who have been properly admitted into the United States may reside wherever they like therein and are accorded the full protection of our laws with respect to their persons and property. In general they may freely [Page 593] engage in private business, trade, or occupation; they also enjoy religious freedom, and there is no discrimination either on the ground of race or creed.
My Government believes therefore that upon further consideration the Italian Government will decide that American citizens lawfully residing in Italy will not be discriminated against on account of race or creed and that they will not be subjected to provisions of the nature of those embodied in the decree-laws in question.”
Since the definitive text of Decree-law No. 1390 has not yet reached the Department, you are authorized to make whatever changes, if any, in the text of the note that may seem necessary in order to bring it into harmony with the former. Please mail Italian texts of both decree-laws and of any decrees or regulations pertaining to foreign Jews in Italy promulgated in the future.
- William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. i, p. 969.↩