Mr. Draper to Mr.
Hay.
Embassy
of the United States,
Rome,
Italy, April 13,
1899.
No. 426.]
Sir: I have the honor to send you herewith a
copy of a statement made to me by the Rev. William Burt, presiding elder
of the mission of the Methodist Episcopal Church, a society duly
incorporated under the laws of the State of New York and recognized in
Italy by a royal decree, according to the law of June 5, 1850, and
having an office at No. 38 Via Firenze, in this city. It relates the
difficulties which Mr. Burt has encountered to his efforts to obtain a
legacy left to him as presiding elder, etc., by one Carlo Giovane, for
the purpose of building an evangelical school in San Marzano, Italy. The
attention of the foreign office has been called to the matter in a note,
of which I also send you a copy. The case seems to involve not only a
considerable sum of money, but the very right of a duly incorported
American body to exist in Italy, and the legality of the titles to its
property.
I am, etc.,
[Inclosure 1.]
Statement of the Rev. William Burt.
Carlo Giovane, of San Marzano Oliveto, left by will to the Rev.
William Burt, as presiding elder of the mission of the Methodist
Episcopal Church, 7,000 lire for the purpose of building an
evangelical school in San Marzano. The school has been built.
Giovane did not nominate his heirs, nor did he dispose of all of his
property; hence his brothers and sisters became his legal heirs to
them. Therefore, the Rev. William Burt turned to them for the 7,000
lire and asked that certain properties of these heirs be sequestered
as a guaranty of the payment of the money. The tribunal of Asti
ordered the sequester December 22, 1894. The sentence was confirmed
by the court of appeal May 7, 1895. Then came in the clerical
influences—religious processions, planting of a cross near the
property of the mission in San Marzano, making the people take an
oath at the altar of the church in the presence of a notary, the
visit of the bishop of Acqui, etc. The case was then brought before
the tribunal of Asti again to pass judgment on its merits, and this
same tribunal, which before had ordered the sequester, now decided
that the money was not left to the Rev. William Burt personally, but
to him as representative of a society which had not proved its right
to appear in judgment. This sentence was given December 7, 1895, and
was confirmed by the court of appeal March 20, 1896. Then the
missionary society, already recognized by several preceding royal
decrees as a corporate body of the State of New York, immediately
obtained from the council of state a royal decree September 30,
1896, authorizing the missionary society to receive the bequest in
question. This royal decree was accompanied by numerous documents
proving the right of the society to appear in judgment.
Notwithstanding this, the tribunal of Asti, on March 25, 1898, not
only absolved the heirs from the former sentence of sequester of
January 17, 1897, but also condemned the Rev. William Burt
personally
[Page 409]
to pay all
expenses. The Rev. William Burt then appealed to the Government to
know if there was anything else he could do to establish the
society’s right. The Government replied that the right was implied
in the royal decree already granted, and that nothing more could be
done, or was needed. The Rev. William Burt, furnished with all these
documents, appealed, and the case was again heard February 17, 1899,
at Casale, and the court not only confirmed the sentence of the
tribunal of Asti, but positively declared that the society had no
judicial rights in this country. The Rev. William Burt was informed
before the case was heard that three of the five judges were
clericals, and that the opponents made their boast that for this
reason their case was sure, and now it is known that the court
stood—the three clericals against the two liberals.
It seems to be now not entirely a question of the 7,000 lire, but of
the above-named society’s right to be in Italy and of the legality
of the titles to its property. When the courts absolutely refuse to
recognize the judicial rights of a society duly incorporated
according to the laws of the State of New York and duly authorized
by a royal decree according to the law of June 5, 1850, what value
have the society’s titles to property in Italy, and of what
importance are the royal decrees when the society has no judicial
rights? The society’s representative has done all that the laws and
government of the country demand, and yet, according to the courts,
the society has no rights. Certainly the Italian Government will
never permit such a monstrous injustice!
[Inclosure 2.]
General Draper
to Admiral Canevaro.
I have the honor to call your attention to the following statement
furnished to me by the Rev. William Burt, presiding elder of the
mission of the Methodist Episcopal Church at No. 38 Via Firenze,
Rome:
Carlo Giovane, of San Marzano Oliveto, left by will, on the 19th of
February, 1890, to the Rev. William Burt, as presiding elder of the
mission of the Methodist Episcopal Church, 7,000 lire, for the
purpose of building a Methodist Episcopal school in San Marzano. The
school has been built. Giovane did not nominate his heirs, nor did
he dispose of all of his property; hence his brothers and sisters
became his legal heirs. To them, therefore, the Rev. William Burt
turned for the 7,000 lire, and asked that certain properties of
these heirs be sequestered as a guaranty of the payment of the
money. The tribunal of Asti ordered the sequester December 22, 1894.
This sentence was confirmed by the court of appeal May 7, 1895. The
case was then brought before the tribunal of Asti again to pass
judgment on its merits, and this same tribunal, which before had
ordered the sequester, now decided that the money was not left to
the Rev. William Burt personally, but to him as a representative of
a society which had not proved its right to appear in judgment. This
sentence was given December 7, 1895, and was confirmed by the court
of appeals March 20, 1896. Then the missionary society, already
recognized by several royal decrees as a corporate body of the State
of New York, immediately obtained from the council of state a royal
decree, September 30, 1896, authorizing said missionary society to
receive the bequest in question. This royal decree was accompanied
by numerous documents proving the right of the society to appear in
judgment.
Notwithstanding this, the tribunal of Asti on March 25, 1898, not
only absolved the heirs from the former sentence of sequester of
January 17, 1897, but also condemned the Rev. William Burt
personally to pay all expenses. The Rev. William Burt then appealed
to the Government of His Majesty to know if there was anything else
he could do to establish the society’s right. The Government replied
that the right was implied in the royal decree already granted, and
that nothing more could be done or was needed. The Rev. William Burt
furnished with all these documents appealed, and the case was again
heard February 17, 1899, at Casale, and the court not only confirmed
the sentence of the tribunal of Asti, but positively declared that
the society had no judicial rights in this country.
This case seems now not to be merely a question of 7,000 lire, but of
the very right of the society of which the Rev. William Burt is the
head to exist in Rome, although the society is a corporate body of
the State of New York and has been recognized by royal decree within
this Kingdom. A situation is thus presented in which my Government
will take the deepest interest if the judgment of the last court in
which the cause was heard should be sustained by the highest court
to which it may be carried. I shall therefore be very glad if your
excellency will call my attention to any inaccuracies (if such
exist) in the Rev. Mr. Burt’s statement concerning the decisions of
[Page 410]
the courts. What he
relates can doubtless be verified by the court records at the
disposal of His Majesty’s Government.
I avail myself, etc.,
