Mr. Sickles to Mr. Hay.

No. 507.]

Sir: I have the honor to confirm my telegram of the 27th instant.

In connection with this matter I inclose herewith, for the consideration of the Department, copies of two letters from the consul-general at Barcelona which will explain Mr. Lay’s uncertainty as to the registration of Cubans and Porto Ricans at that place.

I have, etc.,

Stanton Sickles,
Chargé d’Affaires ad interim.
[Inclosure 1.]

Mr. Lay to Mr. Sickles.

No. 45.]

Sir: I have the honor to acknowledge the receipt of your telegram as follows:

“Pray ask for Department’s advice regarding registration of Cubans, Porto Ricans and Filipinos.

Sickles,

and letter confirming same of the 15th instant.

In this connection I beg to advise you that the registration authorities in Barcelona will ignore my visé on Spanish cedulas of persons born in Cuba and Porto Rico who reside here, as evidence of nationality or citzenship, and they are therefore not permitted to register as foreigners.

I have, etc.,

Julius G. Lay, Consul-General.
[Inclosure 2.]

Mr. Lay to Mr. Sickles.

No. 46.]

Sir: I have the honor to confirm the following telegram sent you to-day:

“Visé on cedulas persons born in Cuba and Porto Rico ignored by registry office here and holders of same not permitted register as foreigners. Cabled Department 15th, but no answer. Time for registering expires July 1. Lay.”

Before the receipt of your letter of the 15th I cabled the Department of State stating that the registration of foreigners was required here after they had presented themselves at their respective consulates, and produced some evidence of their nationality, and asking if I should visé Spanish cedulas of persons born in Cuba and Porto Rico who reside here, and who have left those islands since some years, and have [Page 482] no evidence of intention to return except their statements. To this telegram I have received no reply.

Although the minister informed me that cedulas of Cubans and Porto Ricans should be viséed in accordance with instructions to the legation No. 283 of January 16, 1901, before acting on this information, I considered it best to clear up the point that still remains doubtful in my mind mentioned in my letter to the legation dated November 14, 1900, and therefore cabled the Department.

It would seem that Spaniards born in the peninsula are just as much entitled to have their cedulas viséed as persons born in Cuba or Porto Rico who have lived here since before the signing of the treaty of peace, but if for some reason the Government wish to recognize these people and visé their cedulas, that visé in my opinon should represent something, as it does on American passports.

Those persons who have produced Cuban and Porto Rican passports viséed by this consulate-general have been permitted to register.

As the Department instructions say nothing about viséing the certificates inclosed, although they may be accepted as sufficient evidence in Cuba of citizenship for a passport, I have refused to visé them.

It occurs to me that there has been a misunderstanding from the first as to what a cedula is in reality, and the Department is under the impression that it is a Cuban or Porto Rican document. I can not imagine how the treaty of peace has changed the status of any except inhabitants of Cuba and Porto Rico or why we should regard natives of Cuba or Porto Rico residing in Spain except as Spaniards. I have treated them as such here, and I know there would be a protest if a visé for which I am obliged to charge an official fee of $1 was found to be worthless.

I have, etc.,

Julius g. Lay,
Consul-General.