to make remarks of a kind innocuous under American law, but apparently criminal under Italian law. Make vigorous representations to Grandi in regard to the Italian regulations and the practices of the Italian authorities which hamper, delay, or prevent communication between American citizens arrested in Italy and American consular officers. Point out that these regulations and practices make it impossible for consuls "to defend the rights and interests of their countrymen" as provided for in Article IX of the Consular Convention of 1878 between the United States and Italy.15 Express the hope that the custom, which formerly obtained in Italy, of notifying consular officers immediately upon the arrest of American citizens will be adhered to in the future. (See instruction No. 651 of November 9, 1926).16 Invite Grandi's attention to the cases of Slavich, Tancredi, Rossi, and others recently incarcerated for long periods without the knowledge of American consuls. (See Despatch from Consul, Milan, May 6, 1931).17 Insist that consular officers be permitted to visit and converse with American citizens incarcerated in Italy and that such visits be not delayed by unnecessary administrative procedure, and that such conversations be not hampered by the undesired presence of third parties. Cite instances from recent cases in which consuls have been prevented from carrying out their duties as specified in Article IX referred to above. Report by telegram the result of your conversation with Grandi, and transmit full report by pouch, together with a copy of the note verbale which you will present on this occasion. A friend of Slavich informs me that 14 others were arrested at the same time. Is this exact? If so, were any of them American citizens? CARR 365.1121 Slavich, Nickola/15: Telegram The Ambassador in Italy (Garrett) to the Acting Secretary of State ROME, July 27, 1931-3 p. m. [Received 5:28 p. m.] 138. Department's telegram No. 118, July 25, 3 p. m. Owing to the fact that Grandi has not returned to the Foreign Office since his departure for London and that he is expected to be absent from Rome for several days more, it has been and still is impossible for me to talk matter over with him. As stated in my telegram 125 [131], July 18, 11 a. m.,18 however, I wrote a personal letter to Grandi on July 17th calling to his attention several cases of American citizens imprisoned in Italy to whom American Consular Officers have been allowed access only after long delays and with whom consular officers have not been permitted to converse without the presence of an interpreter, and pointing out to him the gravity of such a state of affairs. This communication, I am told, has been brought to the attention of the Chief of the Government. Upon the receipt of the Department's telegram No. 116, July 18, 6 p. m.,18 as both Grandi and the Under Secretary were still absent, I called in person on the Chief of the American section of the Foreign Office and reviewed with him the entire matter in the light of the objectives which had been repeatedly made to him by the Embassy since the cases arose. I told him that the American Government viewed with the greatest seriousness the arrest and imprisonment of American citizens on such charges as those brought against Slavich and Tancredi, and I repeated the protests against the delays experienced by consular officers in getting in touch with the prisoners. I was assured that Embassy would be notified of the dates of the trial of the cases under discussion in order that an American diplomatic or consular officer might attend, and that the permits to visit the prisoners would be expedited. These representations have been repeatedly pressed even since the release of Tancredi on July 22nd (see my telegram 133. July 22, 10 a. m.) 18 and I am now addressing a communication to Grandi in the sense of the Department's telegram 118 of July 25, 3 p. m. [Paraphrase.] While I was given no definite assurance, today at the Foreign Office I was given to understand that there was a chance that the proceedings against Slavich would be dropped and that he would not be tried. I did receive assurance that the police authorities had been given instructions to report all cases of arrest and imprisonment of aliens to the appropriate consular officers or to the Foreign Office. I was told, however, that broad discretion had to be left in the hands of the police because of the number of cases in which there was suspicion of activities against the head of the Government. On July 22 I asked the Consul General at Naples to instruct our consulates in Italy that the Embassy should be advised in all cases of the arrest and imprisonment of United States citizens within their respective jurisdictions. [End paraphrase.] 18 Not printed. GARRETT 365.1121 Slavich, Nickola/18: Telegram The Ambassador in Italy (Garrett) to the Acting Secretary of State ROME, July 29, 1931-11 a. m. [Received July 29—9:55 a. m.] 139. My telegram No. 138, July 27, 3 p. m., and Department's 118, July 25, 3 p. m., last paragraph. Consul General Naples states that in so far as he is able to ascertain there were no other arrests of passengers arriving with Slavich and that, if so, none have claimed American citizenship as otherwise Consulate General would have been notified by local authorities. Consul General adds that the rumor of further arrests may have originated in imprisonment several weeks ago on charges similar to those brought against Slavich of large number of Italians amongst whom were professors and doctors and some of whom are still in confinement. GARRETT 365.1121 Slavich, Nickola/22 Memorandum by Mr. Joseph C. Green of the Division of Western European Affairs [Extract] [WASHINGTON,] July 30, 1931. A number of American citizens have recently been arrested by the Italian authorities. Several of these arrests appear to have been made upon frivolous charges. Several of the persons arrested have been detained for long periods in prison, and then released without a trial. Several of the cases have been particularly annoying to this Government because of the fact that the Italian authorities have refused to permit communication between the prisoners and the American consular officers, or have hampered such communication by delays due to the administrative procedure necessary for obtaining permission for consular officers to visit prisoners, or by the requirement that conversations between consular officers and prisoners be conducted in the presence of an interpreter designated by the Italian authorities. The following brief notes will indicate the nature of a few of the cases referred to, chosen from among those concerning which our information is most complete: NICKOLA SLAVICH Nickola Slavich, a recently naturalized citizen of Yugoslav origin, was a passenger on board the S. S. Saturnia en route from New York to Trieste via Naples. Upon leaving the ship at Naples for a few hours on June 16, he was placed under arrest on the basis of the accusation of a steward of the vessel, who testified that he had made de rogatory remarks in regard to Mussolini. He denies having made such remarks. The Consul General at Naples experienced difficulties in receiving permission to visit the prisoner, and he was not permitted to do so until July 16. The Italian authorities required that an interpreter designated by them be present at the interview. Slavich is still in prison and according to our latest advices, he is to be tried by the Special Tribunal for the Defense of the State. JAMES TANCREDI James Tancredi, an American citizen of Italian origin, sailed from New York on the S. S. Vulcania on June 24. It appears that while the vessel was still in the port of New York, he was arrested on the accusation of a steward that he had made a disparaging remark about Mussolini. He states that the so-called disparaging remark was a remark of his in regard to the disorder which occurred when passengers were ordered ashore. He stated that he said on that occasion that another Mussolini was needed to maintain discipline on that ship. He was kept a prisoner throughout the voyage, and was then incarcerated in a prison in Naples. The Consul General at Naples requested permission to visit him on July 7. This permission was not granted until July 17 and then only on condition that an Italian official be present at the interview. As the result of representations by the Ambassador, he was released on July 22. FRANK ROSSI Frank Rossi is an American citizen of Italian origin who was arrested at Como on March 6, 1929, apparently for attempting to leave Italy on a French instead of on an Italian ship. He was detained in prison nine days at Como, one day at Milan, three days at Bologna, two days at Ancona, and one day at Castello Amaro before he was finally released without trial. He states that upon his release, he was warned by the Chief of Police at Chieti not to relate his experiences to any American consul. JOSEPH C. GREEN 365.1121 Slavich, Nickola/19: Telegram The Ambassador in Italy (Garrett) to the Acting Secretary of State ROME, July 31, 1931-4 p. m. [Received July 31-2: 23 p. m.] 141. My telegram No. 138, July 27, 3 p. m. last paragraph. Slavich was released from prison last night and is expected to leave for Yugoslavia at once. In view of the representations which have already been made in connection with these cases as outlined in my telegram No. 138, July 27, 3 p. m., and as I am assured that the Italian authorities are earnestly endeavoring to adopt measures to prevent such cases from developing in the future, I would strongly advise against sending at this moment the note which has been prepared in accordance with the Department's instruction No. 118, July 25, 3 p. m., and which has been held for a few days on the chance of Grandi's returning to Rome so that I might present it personally to him. As soon as possible after Grandi's return I shall see him, and am sure that by talking with him it will be possible to clarify this situation further on the basis of the principles involved, without giving the Foreign Office opportunities to engage in correspondence relating to the facts of special cases which it might be inclined to do if the note were sent. GARRETT 365.1121 Slavich, Nickola/20: Telegram The Acting Secretary of State to the Ambassador in Italy (Garrett) WASHINGTON, July 31, 1931-6 p. m. 120. Your 141, July 31, 4. p. m. The emphasis in my 118 of July 25, 3 p. m., was placed entirely upon the statements which you would make verbally to Grandi. It was presumed that in the interests of clarity and accuracy you might wish to leave with him a note verbale summarizing the points covered in your conversation. Although this procedure appears to me to be preferable, I leave it entirely to your discretion whether or not such a note verbale be left as a record of the conversation. Report by telegram the results of your conversation and report fully by despatch enclosing a copy of the note verbale if you decide to leave one with Grandi. CASTLE 365.1121/8 Memorandum by the Under Secretary of State (Castle) [WASHINGTON,] August 20, 1931. In the course of conversation with the Italian Ambassador, I took up with him the various cases which have made trouble recently of American citizens arrested on arrival in Italy for alleged statements made on shipboard derogatory of Mussolini; also one or two other cases in Italy where people have had difficulty in communicating with American Consular Officers. I told the Ambassador with a good deal of vigor that these cases were getting altogether too numerous to be pleasant; that the Italian authorities were acting in a very stupid manner for their own good because these American citizens, when they came back to this country, might well tell stories to the |