Mr. Storer to Mr. Hay.
Madrid, February 26, 1902.
Sir: Owing to the fact that I have been personally confined to my room for ten days, I have not reported as yet a matter as to which my advice had been asked by the consul-general at Barcelona, which I have the honor now to do.
It seems that on the 27th day of November, 1901, Mrs. Carmen Bayot, together with her son, Mr. Antonio Gisbert y Bayot, addressed themselves to the consulate-general, with each of them a “cedula,” issued by the authorities of the United States, of the province of Manila, on the 1st day of January, 1900. The young man is correctly described therein as having been born in Manila, as 18 years of age, single, occupation that of a mechanic, residing in Cabilde, Manila. Both of these “cedulas” were issued by the first lieutenant of the Thirty-seventh Infantry, collector of internal revenues—the name is not distinguishable.
The young man was also bearer of his birth certificate, duly authenticated; and on the 27th November, 1901, demanded to be registered as a United States citizen at the consulate-general. The consul-general, in view of your instruction No. 283,a dated January 16, 1901, declined to consider himself authorized to do more than to vise the “cedula” and the birth certificate, which he then did under the seal of the consulate-general. Notwithstanding this, the Spanish authorities, in the last drawing of the conscription list for service in the Spanish army, insisted on including the name of the young man; and he has, I am informed, been definitely drawn and will be held for service.
The consul-general wrote me, asking instructions by telegraph from me, as to whether he should make a formal protest within the time fixed by the Spanish law for the filing of such protest; and I was able to do no more, under the circumstances narrated, than telegraph him so to do. He informs me that he has made such a protest; that no answer thereto has been received, but that he learned that the Spanish authorities do not contest in any way the fact of the birth and citizenship of the young man, but will claim that as he was not “registered at the consulate as an American citizen” they were not obliged to exempt him.
I report this case as it up to this time has been made known to me, and will inform the Department at once of the official ground which [Page 950] may be taken by the Spanish Government in their reply to the protest of the consul-general. In the meantime, * * * I think I had better receive from the Department instructions either to proceed directly through the ministry of state in this matter or to await further developments, as your judgment may decide.
I have, etc.,