Mr. Storer to Mr. Hay.

No. 280.]

Sir: I have the honor to report that the consul-general of the United States at Barcelona has asked the advice and ruling of this legation in a case substantially as follows: A native of Porto Rico, one José Pou Rios, now at Barcelona, holds a passport issued to himself, his wife, and his five minor children, jointly, by the alcalde of San Juan de Porto Rico. The entire family are described as “citizens of Porto Rico, United States of America,” and I inclose a copy of this passport1 as sent me by the consul-general. The father of this family is compelled to visit the island of Cuba and can not land there without the production of this document, which he must take with him. His wife and children remain meantime in Barcelona, and ask that some official document of equal force and effect with the said passport for their identification, obligatory under Spanish law, and their protection during the absence of the husband and father be granted them by the consul-general.

The consul-general points out that the Department circular of May 2, 1899, while recommending the exercise of “good offices for the protection” of this class of persons, prohibits the issuance of any kind of passport or any paper having such effect, and apparently limits his official act to the indorsement of any cedula that may be presented. It would seem that cedulas, properly so called, are no ionger issued in [Page 892] Porto Rico, and the above form of passport is now for the first time presented. This legation, no more than the consul-general, has never been informed of what is now the procedure of official identification adopted in Cuba or in Porto Rico for the citizens of those islands, to take the place of the cedula de vecindad, and therefore must transmit the case to the Department for instructions. It would be well, in view of the probable frequent occurrence of similar questions, for the Department to consider the possibility of giving by a new circular letter addressed to all diplomatic and consular officers, especially in Spain, clear and definite information as to what is the course established in Cuba and Porto Rico for the issuing of certificates of identity and protection, under whatever name, what officers have the power to issue them, and the consideration to be awarded them on presentation for recognition and visé at legations and consulates.

I have to-day sent you by cable1 a request for instructions in the above matter.

I have, etc.,

Bellamy Stoker.
  1. Not printed.
  2. Printed ante.