Doc. No. 2 (P).
Memorandum on the Provisions of the Peace Treaty Dealing With Archives Relating to the Territory Ceded to France in 1860 (Art. 7)
Article 7
Article 7 of the Treaty specifies that:
“The Italian Government undertakes to hand over to the French Government all archives, historical or administrative, prior to 1860 and which concern the territory ceded to France under the Treaty of March 24, 1860, and the convention of August 23, 1860.”
The reference made in this Article to “historical”, as distinct from “administrative” archives, is in contrast with the provisions of the Franco-Sardinian Convention signed on August 23, 1860, to the effect that archives representing deeds to property, together with administrative, [Page 131] religious and legal instruments concerning Savoy and the district of Nice held by the Sardinian Government would be handed over to the French Government (art. 10).
In point of fact, after the signature of the Convention, disagreements arose as to the interpretation of this Article, for France demanded that, among others, historical documents belonging to Savoy (concerning also the Royal House of Italy) which had at different periods been added to the national archives in Turin, be handed over.
The contrary interpretation, which is that of the Italian Government, is confirmed not only by the exact provisions of the Convention, but by the customary practice followed in such matters in international treaties. In this respect the Convention of 1860 is based on the Austro-French and the Austro-Franco-Sardinian Treaties of Zurich of November 10, 1859 in connection with the similar question of Lombardian and Venetian archives. Normally, in case of territorial cession the State making the cession hands over the sets of administrative records, instruments in course of negotiation and deeds recently concluded, to ensure continuity of administration in the different branches (legal, financial, ecclesiastic, military, etc.), but retains the historical and political archives which are logically the property of the State to which the ceded territory belonged.
Thus France, after 1870, retained the archives of Alsace and Lorraine. The history of those provinces up to that date was French, not Prussian, in the same way as the history of Savoy up to 1860 is not part of that of France but of the Kingdom of Sardinia, and consequently to Italy.
However, to meet the wishes of France and as a friendly act, the Italian Government has already declared its readiness to select the documents which might be ceded without causing irreparable damage to the national archives of Turin. A commission has recently been appointed for the purpose. The Italian Government would be glad if the work of this Commission could be taken over by a joint Franco-Italian Commission.
We would, therefore, ask for the deletion of Article 7 and for the question to be settled amicably by both Governments through the Joint Commission established for that purpose.