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| press which would react against Italy. I told him, also, that we were getting very fed up ourselves with the situation, that it seemed fantastic that an American citizen crossing on an Italian boat should be arrested on arrival merely on the word of a steward, who perhaps felt that he had not received a sufficient fee. I said that, if this situation continued and the press got hold of it, we should simply be compelled to say that the stories were correct. The result of this, as I pointed out, would obviously be that very few people would run the risk of traveling on an Italian line.

The Ambassador seemed very much disturbed, said that, on account of the danger from anarchists, the police had had to act more vigorously in matters of the kind, but that obviously in the cases which I had discussed with him, they had gone altogether too far. He said he would immediately communicate with his Government as to how we felt about the situation here.

W[ILLIAM] R. C[ASTLE, JR.]

365.1121 Slavich, Nickola/26: Telegram

The Ambassador in Italy (Garrett) to the Acting Secretary of State

[Paraphrase]

ROME, September 1, 1931-5 p. m. [Received 5: 10 p. m.]

According to my informabeyond the terms accorded

164. Department's 118, July 25, 3 p. m. tion from Grandi, consuls have no right the prisoner's own lawyer to see the prisoner alone. Immediately before the issuance of the summons or act of accusation, the defending lawyer has the right to visit the prisoner alone and without special permission. Prior to that time, the defense lawyer can see his client only by permission of a competent judicial authority and under the surveillance of a representative of the prison or judicial authorities. Beyond this, Grandi stated, he could not go.

He did say, however, that upon his initiative the matter was now being discussed anew. The object was a practical understanding among the Ministries involved, that is to say, the Ministries of Justice, Foreign Affairs, and Interior. Grandi has assured me that forthcoming instructions would certainly reduce to a minimum future errors and abuses; perhaps, prevent the latter. The instructions would be formalized, definite, and obligatory.

Over a period of years there has been considerable talk about a treaty relative to naturalization between Italy and the United States. Grandi doubts whether he can persuade the Italian Government to

act on this matter. Nevertheless, he intends to consult them again on it.

GARRETT

365.1121 Slavich, Nickola/27: Telegram

The Acting Secretary of State to the Ambassador in Italy (Garrett)

[Paraphrase]

WASHINGTON, September 4, 1931-5 p. m.

133. Embassy's 164, September 1, 5 p. m. Please try to find out the usual length of time between the making of an arrest and the completion of the "instruction".

According to treaty provision and to the traditional practice of nations, nationals under arrest should be immediately accessible to the respective consular officials. In view of these circumstances, how do the Italian authorities justify the regulation which requires the issuance of a special permit in the discretion of a competent judicial authority?

It is to be hoped that abuses in the future will be prevented by the proposed method to which you refer in your telegram of September 1. Until such a procedure is established you are to make the Italian authorities aware of the fact that American citizens are subject to grave injustice because consular officials are refused immediate access to prisoners. Awards by international claims commissions are based on such situations. The United States would be satisfied only with a solution which recognized the right of a consul to see an American citizen alone within 24 hours after his detention. In stressing this procedure, you are to state that it is a generally accepted and long established practice.

CASTLE

365.1121 Slavich, Nickola/29: Telegram

The Chargé in Italy (Kirk) to the Secretary of State

[Paraphrase]

ROME, September 10, 1931-noon. [Received September 10-8: 35 a. m.]

172. The Minister of Foreign Affairs and the Chief of the American Section are on leave. Consequently, while I have transmitted the essence of your No. 133, 4th of September, 5 p. m., the replies will not be immediately forthcoming.

At the Foreign Office I learned that the procedure relative to the detention and imprisonment of foreigners in Italy has been reviewed

by officials of the several Ministries concerned. The final report, howhas not been sent yet to the Ministry of Foreign Affairs.

ever,

KIRK

REPRESENTATIONS BY THE ITALIAN AMBASSADOR REGARDING NEWSPAPER ATTACKS IN THE UNITED STATES AGAINST THE ITALIAN GOVERNMENT"

811.918/237

The Italian Ambassador (De Martino) to the Acting Secretary of State

WASHINGTON, December 18, 1930. MY DEAR MR. CASTLE: I want to call your attention on the closing paragraph of the article published in the November 29th issue of the radical paper Il Martello, entitled "Civilta' Fascista". A copy and translation of this paragraph is herewith enclosed.

You will see that this paragraph contains a clear instigation to murder: which confirms once more the dangerous character of the publications of said paper.

You will, I believe, agree with me that publications of this sort are an insult and a menace to the Chief of a Government which entertains cordial relations with the United States, not only, but they represent beyond doubt, an encouragement to crime.

I would, therefore, be very grateful to you for considering what measures could be taken against Il Martello so that its criminal propaganda may be stopped.

Believe me [etc.]

G. DE MARTINO

[Enclosure]

EXCERPT FROM THE ISSUE OF NOVEMBER 29TH, 1930, OF THE ITALIAN RADICAL PAPER “IL MARTELLO" PUBLISHED IN NEW YORK

Article entitled "Civilta' Fascista" on the first page (last paragraph)

"Lo abbiamo detto tante volte, e lo ripetiamo: uccidere il fascismo nelle persone dei suoi responsabili e' Opera Santa. Per l'Italia, per il monde intero".

Translation

"We have said it so many times and we repeat it: to kill fascism in the persons of those responsible for it is a Holy Work. For Italy, for the whole world".

"For previous representations of this nature by the Italian Ambassador, see Foreign Relations, 1927, vol. 1, pp. 129 ff.

591381-46-VOL. II-48

Though taking note that, under the laws of the United States, no action can be taken concerning the article which appeared on Il Martello of November 29th, 1930, I deem it my duty to call your attention, nevertheless, to the article published by the same paper in the issue of June 6th, 1931, under the title "Ai mani di Michele Schirru". In this editorial occurs the sentence which I reproduce and translate here below:

"Ma la questione rimane nei suoi termini categorici: Perche' l'Italia viva, Benito Mussolini deve morire. E non lui soltanto".

("But the question remains in its categorical terms: So that Italy must live, Benito Mussolini must die. And not he alone".)

Believe me [etc.]

G. DE MARTINO

811.918/248

The Acting Secretary of State to the Italian Ambassador

(De Martino)

WASHINGTON, July 2, 1931. MY DEAR MR. AMBASSADOR: I am in receipt of your letter of June 16, 1931, in regard to Il Martello. As you are aware under our regime of freedom for the press, it is extremely difficult to initiate judicial proceedings in respect to published utterances of the nature of those which you quote in your letter.

I am [etc.]

W. R. CASTLE, JR.

EXPRESSION OF REGRET BY THE AMERICAN GOVERNMENT FOR REMARKS OF MAJOR GENERAL SMEDLEY BUTLER REGARDING THE PRIME MINISTER OF ITALY

865.002 Mussolini/2

The Secretary of State to the Secretary of the Navy (Adams)

WASHINGTON, January 27, 1931. MY DEAR MR. SECRETARY: With reference to the speech of General Smedley Butler, which has been given such unfortunate publicity, I am quoting for your information the text of a telegram which the Italian Ambassador in this capital received yesterday from Prime Minister Mussolini.

"The story told by General Butler is an abominable outrage. I have never driven around Italy with an American and I challenge General Butler to prove the contrary. I have never run over any child, or man, or woman. If such a misfortune had happened, it is useless to say that I should have done all one must do, that is I would have stopped and

brought help. It is indeed unworthy of a General to spread such an ignoble lie. I have no doubt that the American Government will see to it that I obtain a formal solemn explicit public reparation."

Very sincerely yours,

865.002 Mussolini/24

H. L. STIMSON

Press Release Issued by the Department of State on January 29, 1931 STATEMENT BY THE SECRETARY OF STATE

Having learned from the Navy Department that Major-General Smedley D. Butler, United States Marine Corps, has admitted that the quotation of his remarks in the press was substantially correct, I have this morning handed a note to the Italian Ambassador expressing to Signor Mussolini and to the Italian people the deep regret of this Government at this unauthorized action on the part of an officer on active duty.

The text of the note is as follows:

"His Excellency

Nobile Giacomo de Martino,

Royal Italian Ambassador.

"Excellency:

"January 29, 1931.

"I have the honor to express the deep regret which this Government feels at the reflections against the Prime Minister of Italy in the unauthorized speech of Major-General Smedley D. Butler, United States Marine Corps, at Philadelphia on January 19. The sincere regrets of this Government are extended to Mr. Mussolini and to the Italian people for this discourteous and unwarranted utterance by a commissioned officer of this Government on active duty.

"Accept, Excellency, the renewed assurance of my highest considera

tion.

(Signed) HENRY L. STIMSON."

865.002 Mussolini/11: Telegram

The Italian Premier (Mussolini) to the Italian Ambassador in the United States (De Martino) 28

ROME, January 30, 1931-2 p. m. [Received January 30-9 a. m.]

Your telegrams 88 and 89. I felt sure that I would obtain just and prompt redress from the fairness, the loyalty and the friendship of the

28 Text in English handed to the Secretary of State by the Italian Ambassador, January 30, 1931.

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