The Vatican Exposed: Money, Murder, and the Mafia (33 page)

SECTION 1. CONCILIATION TREATY

In the name of the Most Holy Trinity.

Whereas the Holy See and Italy have recognized the desirability
of eliminating every reason for dissension existing between them and
arriving at a final settlement of their reciprocal relations which shall
be consistent with justice and with the dignity of both High Contracting Parties, and which by permanently assuring to the Holy See
a position de facto and de jure which shall guarantee absolute independence for the fulfillment of its exalted mission in the world, permits the Holy See to consider as finally and irrevocably settled the
Roman Question which arose in 1870 by the annexation of Rome to
the Kingdom of Italy, under the Dynasty of the House of Savoy;

And whereas it was obligatory, for the purpose of assuring the
absolute and visible independence of the Holy See, likewise to guarantee its indisputable sovereignty in international matters, it has been
found necessary to create under special conditions the Vatican City,
recognizing the full ownership, exclusive and absolute dominion, and
sovereign jurisdiction of the Holy See over that City;

His Holiness the Supreme Pontiff Pius XI and His Majesty Victor
Emanuel III, King of Italy, have agreed to conclude a Treaty,
appointing for that purpose two Plenipotentiaries, being on behalf of
His Holiness, His Secretary of State, viz. His Most Reverend Eminence the Lord Cardinal Pietro Gasparri, and on behalf of his
Majesty, His Excellency the Cav. Benito Mussolini, Prime Minister
and Head of the Government; who, having exchanged their respective full powers, which were found to be in due and proper form,
have hereby agreed to the following articles:

Article I

Italy recognizes and reaffirms the principle established in the first
Article of the Italian Constitution dated March 4, 1848, according to
which the Catholic Apostolic Roman religion is the only State religion.

Article 2

Italy recognizes the sovereignty of the Holy See in international matters as an inherent attribute in conformity with its traditions and the
requirements of its mission to the world.

Article 3

Italy recognizes the full ownership, exclusive dominion, and sovereign authority and jurisdiction of the Holy See over the Vatican as at
present constituted, together with all its appurtenances and endowments, thus creating the Vatican City, for the special purposes and
under the conditions hereinafter referred to.

The boundaries of the said City are set forth in the map called
Annex I of the present Treaty, of which it is forms an integral part.

It is furthermore agreed that, although forming part of the Vatican City, St. Peter's Square shall continue to be normally open to the
public and shall be subject to supervision by the Italian police authorities, which powers shall cease to operate at the foot of the steps
leading to the Basilica, although the latter shall continue to be used for public worship. The said authorities shall, therefore, abstain from
mounting the steps and entering the said Basilica, unless and except
they are requested to do so by the proper authorities.

Should the Holy See consider it necessary, for the purpose of special ceremonies, temporarily to prohibit the public from free access to
St. Peter's Square, the Italian authorities shall (unless specially
requested to do otherwise) withdraw to beyond the outer lines of
Bernini's Colonnade and the extension thereof.

Article 4

The sovereignty and exclusive jurisdiction over the Vatican City, which
Italy recognizes as appertaining to the Holy See, forbid any intervention therein on the part of the Italian Government, or that any
authority other than that of the Holy See shall be there acknowledged.

Article 5

For the purpose of the execution of the provisions of the preceding
Article before the present Treaty comes into force, the Italian Government shall see to it that the territory forming the Vatican City
shall remain free from any charge and from possible occupants. The
Holy See shall arrange to enclose the access thereto, enclosing such
parts thereof as remain open, except St. Peter's Square.

It is furthermore agreed that, in respect of the buildings there
existing and belonging to religious institutions or bodies, the Holy
See shall settle relations with the latter direct, the Italian Government
having no part in such arrangements.

Article 6

Italy shall provide, by means of suitable agreements entered into with
the interested parties, that an adequate water supply be fully assured
to the Vatican City. Italy shall furthermore provide for connection
with the State railways by constructing a railway station within the
Vatican City on the spot shown on the annexed map, and by permit ting the circulation of railway carriages belonging to the Vatican on
the Italian railways. It shall further provide for direct connection with
other States by means of telegraph, telephone, wireless, broadcasting,
and postal services in the Vatican City. It shall equally also provide for
the coordination of all other public services.

All expenses connected with the arrangements above mentioned
shall be defrayed by the Italian State, within the period of one year
from the entry into force of the present Treaty.

The Holy See shall, at its own expense, arrange the existing
means of access to the Vatican, and those others which it may consider it necessary to make in the future.

Agreements shall be subsequently concluded between the Holy
See and Italy concerning the circulation, on and over Italian territory,
of land vehicles and aircraft belonging to the Vatican City.

Article 7

The Italian Government undertakes to prohibit the construction
within the territory surrounding the Vatican City, of any new buildings
which might overlook the latter, and shall for a like purpose provide for
the partial demolition of similar buildings already standing near the
Porta Cavalleggeri and along the Via Aurelia and the Viale Vaticano.

In accordance with the provisions of International Law, it shall be
forbidden for aircraft of any kind whatsoever to fly over Vatican territory.

On the Piazza Rusticucci, and in the areas adjoining the Colonnade, over which the extra-territoriality referred to in Article 15
hereof does not extend, all structural alterations or street construction shall only be effected by mutual assent.

Article 8

Considering the person of the Supreme Pontiff to be sacred and inviolable, Italy declares any attempt against His person or any incitement to commit such attempt to be punishable by the same penalties
as all similar attempts and incitements to commit the same against the
person of the King.

All offences or public insults committed within Italian territory
against the person of the Supreme Pontiff, whether by means of
speeches, acts, or writings, shall be punished in the same manner as
offences and insults against the person of the King.

Article 9

In accordance with the provisions of International Law, all persons
having a permanent residence within the Vatican City shall be subject
to the sovereignty of the Holy See. Such residence shall not be forfeited by reason of the mere fact of temporary residence elsewhere,
unaccompanied by the loss of habitation in the said City or other circumstances proving that such residence has been abandoned.

On ceasing to be subject to the sovereignty of the Holy See, the
persons referred to in the preceding paragraph, who, according to the
provisions of Italian law (independently of the defacto circumstances
considered above) shall not be regarded as possessing any other citizenship, shall be regarded in Italy as Italian nationals.

Notwithstanding that all such persons are subject to the sovereignty of the Holy See, the provisions of Italian law shall be applicable to them within the territory of the Kingdom of Italy, even in
such matters wherein the personal law must be observed (when they
are not covered by the regulations emanating from the Holy See)
and, in the case of persons of foreign nationality, the legal provisions
of the State to which they belong.

Article 10

Such dignitaries of the Church and persons belonging to the Papal
Court as shall be indicated in a Schedule to be approved by the High
Contracting Parties, shall always and in every case, even when not citizens of the Vatican, be exempt from military service as far as Italy is
concerned, jury service, and any other service of a personal nature.

This provision shall also apply to regular officials whose services
are considered indispensable by the Holy See, if permanently
employed by the latter and earning a fixed salary, or employed in the Departments or Offices mentioned in Articles 13, 14, 15, and 16
hereof and residing without the Vatican City. The names of such officials shall be set forth in another Schedule to be drawn up and
approved as above mentioned, and which shall be brought up to date
each year by the Holy See.

The ecclesiastics whose duty it shall be to participate, without the
Vatican City, in the execution of enactments emanating from the
Holy See, shall not, on that account, be subject to any hindrance,
investigation, or molestation on the part of the Italian authorities.

All foreigners in official ecclesiastical employment in Rome shall
enjoy the personal guarantees appertaining to Italian citizens, in
accordance with the laws of the Kingdom of Italy.

Article I I

All central bodies of the Catholic Church shall be exempt from any
interference on the part of the Italian State (save and except as provided by Italian law in regard to the acquisition of property made by
corgi morali, [recognized public bodies] and with regard to the conversion of real estate).

Article 12

Italy recognizes the right of the Holy See to passive and active Legation, according to the general rules of International Law. Officials
accredited by foreign Governments to the Holy See shall continue to
enjoy, within the Kingdom of Italy, all the prerogatives of immunity
enjoyed by diplomatic agents under International Law, and their
headquarters may continue to be within Italian territory whilst
enjoying the immunity due to them under International Law, even in
the event of their State not having diplomatic relations with Italy.

It is understood that Italy undertakes in all cases to allow the
freedom of correspondence for all States, including belligerents, to
and from the Holy See, as well as free access to the Apostolic See by
Bishops from all over the world.

The High Contracting Parties undertake to establish normal diplomatic relations between each other, by accrediting an Italian
Ambassador to the Holy See and a Papal Nuncio to Italy, who shall
be the doyen of the Diplomatic Corps., in accordance with the ordinary practice recognized by the Congress of Vienna by the Act of
June 9, 1815, in consequence of the sovereignty hereby recognized
and without prejudice to the provisions of Article 19 hereof, the
diplomats accredited by the Holy See and the diplomatic couriers dispatched in the name of the Supreme Pontiff, shall enjoy within Italian
territory, even in time of war, the same treatment as that enjoyed by
diplomatic personages and couriers of other foreign Governments,
according to the provisions of International Law.

Article 13

Italy recognizes the full ownership of the Holy See over the patriarchal Basilicas of St. John Lateran, Sta. Maria Maggiore, and St. Paul,
with their annexed buildings.

The State transfers to the Holy See the free management and
administration of the said Basilica of St. Paul and its dependent
Monastery, also paying over to the Holy See all monies representing
the sums set aside annually for that church in the budget of the Ministry of Education.

It is also understood that the Holy See shall remain the absolute
owner of the edifice of S. Callisto, adjoining Sta. Maria in Trastevere.

Article 14

Italy recognizes the full ownership by the Holy See of the Papal
Palace of Castel Gandolfo, together with all endowments, appurtenances, and dependencies thereof, which are now already in the possession of the Holy See, and Italy also undertakes to hand over,
within six months after the coming into force of the present Treaty,
the Villa Barberini in Castel Gandolfo, together with all endowments,
appurtenances, and dependencies thereof.

In order to round off the property situated on the northern side
of the Janiculum Hill, belonging to the Sacred Congregation of Pro paganda Fide and to other ecclesiastical institutions, which property
faces the Vatican Palaces, the State undertakes to transfer to the Holy
See or other bodies appointed by it for such purpose, all real estate
belonging to the State or to third parties existing in that area. The
properties belonging to the said Congregation and to other institutions and those to be transferred being marked on the annexed map.

Finally, Italy shall transfer to the Holy See, as its full and absolute
property, the Convent buildings in Rome attached to the Basilica of
the Twelve Holy Apostles and to the churches of San Andrea della
Valle and S. Carlo al Catinari, with all annexes and dependencies
thereof, and shall hand them over within one year after the entry into
force of the present Treaty, free of all occupants.