No. 336.
Mr. Foster
to Mr. Frelinghuysen.
Madrid, December 20, 1883. (Received January 7, 1884.)
Sir: The consular agent at Port Mahon has presented to the legation a question of citizenship, based upon the following statement of facts:
Peter Lucas, a native of Spain, entered the United States military service in 1835, at the age of thirteen, and served over twenty-one years, participating in the war with Mexico and that of the rebellion, and received honorable mention for faithful and gallant conduct. He lived several years in New York and was naturalized August 13, 1872. He has several sons citizens of and now resident in the United States. He has re [Page 468] turned to Spain and has taken up his residence at the place of his birth, Port Mahon. He has a minor son living with him who was born in Spain before his naturalization as an American citizen. This son has never been out of Spain, and hence was not in the United States at the time of the father’s naturalization nor before or since that event. I have no information that the father intends to résumé his residence in the United States.
The son will next year reach the age when Spanish subjects are required to render service in the army. Peter Lucas, the father, desires to know if this minor son will be recognized by this legation as an American citizen and be entitled to exemption from such service on account of his (the father’s) American naturalization. I have deferred an answer until I shall have referred the question to the Department, and I will thank you to give me the proper instructions.
I am, &c.,