Mr. Hill to Mr. Storer.
Washington , February 21, 1901.
Sir: I have to acknowledge the receipt of your No. 397, of the 1st instant, reporting that one Benito Llavería y Pascual, a native of Cuba, residing in Spain, has been called on to perform military service, against which the United States consul at Barcelona has protested. You state that Mr. Llavería bears a Cuban passport, issued by the military authorities of Cuba, as well as a certificate of identification and legal residence in Habana, issued by the authorities of that city, and that he was duly registered at the United States consulate-general at Barcelona, and his papers had been legalized according to the Department’s circular of May 2, 1899.
It is inferred that Mr. Llavería comes within the description of “native inhabitants of Cuba temporarily sojourning abroad,” for whose protection our diplomatic and consular officers were instructed by the Department’s circular of May 2, 1899, to exercise good offices. The statement telegraphed to you by the consul-general that Mr. Llavería “has complied Article IX, treaty peace,” is not understood. That article only provides for the retention of Spanish allegiance by Spanish subjects, natives of the peninsula, residing in the relinquished or ceded territories. It does not provide for the case of a native [Page 466] Cuban, residing in Cuba, Spain or elsewhere, so that it is not seen how Mr. Llavería could make any effective declaration under Article IX. The consul-general may be asked for an explanation on this point.
I am, etc.,
Acting Secretary.