Legation of
the United States,
Rome, September 16, 1884. (Received
October 6.)
No. 95.]I regret to say that the Italian Government refuses to grant such a
permission, and if the reverend father should return to Italy he will be
treated as one who has willfully failed to perform military duty and
enrolled into the Italian army.
[Inclosure in No.
95.—Translation.]
Ministry for Foreign
Affairs to Mr. Astor.
Rome, September 10,
1884.
Mr. Minister: I received the note of the 16th
August last that this legation of the United States has done me the
honor of addressing to me in order to obtain that the Rev. Valentine
Teodoro Lanciotti, born at Ciciliano (Rome) and now a naturalized
citizen of the United States, might come to Italy to attend to his
affairs without any molestation, although he has failed to render
military service.
[Page 340]
I have immediately communicated the subject of the note to my colleague,
the minister of war, who has replied to me that it is not possible to
grant any authorization to this effect, because the fact of having
become a citizen of the United States does not exempt Mr. Lanciotti from
the obligations that he has towards the military laws of Italy, and for
not having complied with them, returning to his native country he cannot
be treated otherwise than as one who has willfully failed to perform
military duty. (Art. 12, C. Civile.)
Nevertheless, Mr. Lanciotti may return to Italy without being molested,
in case only that he means to make his position regular in regard to the
conscription. To this end it would be necessary for him to procure from
the consul of the place where he resides, and if there is none there
from the nearer consulate, a special paper for Italy. On his arrival in
Italy he should present himself to the military authority, and after the
visit he will be by the same authority referred for trial to the
judiciary authority that has the power to judge him. Before this
authority he will be able to bring forth all those reasons that he shall
deem useful to obtain a diminution of the penalty, or acquittal. After
the judgment, if absolved, or after having undergone the punishment if
condemned, Mr. Lanciotti must present himself to the recruiting board,
and if found able for military service, he will be enrolled according to
article 160 of the laws of enrollment.
I regret, Mr. Minister, not to be able to give a more favorable reply to
the note of this legation, but the military laws are very severe and
admit no exception whatever.
I avail, &c.,
For the minister:
