Mr. Hay to Mr. Storer.

No. 423.]

Sir: I inclose a copy of No. 208, of the 18th ultimo, from the United States consul-general at Barcelona.

It appears from this dispatch that one Antonio Gisbert y Bayot, a native inhabitant of the Philippine Islands, presented on November 27 last to the consul-general a certificate of registration issued to him on January 1, 1900, by the United States military authorities at Manila. [Page 951] This certificate was viséed by the consul-general, and a certicate (Form A of the dispatch) was issued to Gisbert, stating that he was a native of the Philippine Islands, under the protection of the United States. This latter certificate was presented at the office of the civil governor of Barcelona by Gisbert, where it was stamped and noted and his name registered there as a foreigner.

Notwithstanding these precautions, Gisbert was notified in January last that he was called in this year’s draft for the Spanish army. On his inquiry he was informed that he could not be considered as a foreigner, as he was not registered at the United States consulate as an American citizen. Thereupon the consul-general protested to the local authorities, who had not at the date of his dispatch made a reply.

You may bring the matter to the attention of the Spanish Government and point out that, while under existing conditions Gisbert can only be regarded as a native inhabitant of the Philippine Islands under the protection of the United States, he can not now, in view of the terms and stipulations of the treaty of peace, be regarded as a subject of Spain, liable for military service.

I am, etc.,

John Hay.
[Inclosure.]

Mr. Lay to the Department of State.

No. 208.]

Sir: I have the honor to inform the Department that after obtaining the approval of the minister at Madrid I have protested to the authorities here against the enlistment in the Spanish army of one Antonio Gisbert y Bayot, a native inhabitant of the Philippine Islands.

The facts in the case are as follows: On November 27, 1901, Antonio Gisbert y Bayot presented at this consulate-general a “certificate of registration,” issued by the United States military authorities at Manila on January 1, 1900, to said Gisbert y Bayot, and a similar certificate issued to his mother on the same date, both countersigned by the captain of the port of Manila; also a certificate duly authenticated showing that Gisbert was born in the Philippines on August 7, 1881. The certificates of registration were both viséed by me on November 27, 1901, and in order to comply with the regulations of the civil governor of this province a certificate in the form inclosed was issued on the 27th November, 1901, at this office. This certificate was presented at the office of the civil governor by Gisbert, where it was stamped and noted, and his name registered there as a foreigner.

In the first part of January of this year Gisbert was notified that his name was included in the lists of those young men obliged to serve in the Spanish army in this year’s draft. I advised Gisbert to request an explanation from the authorities for their action, to which they replied in a letter addressed to Gisbert that, although he was born in the Philippine Islands and did not arrive in Spain until May 1, 1900, as shown by the records of the captain of the port of Barcelona, he could not be considered as a foreigner, as he was not registered at the consulate-general of the United States here as an American citizen. Before this letter to Gisbert was written, in reply to a request from the authorities for information regarding the registration of Gisbert, I informed them that he was not registered as an American citizen, but that he held a “certificate of registration” viséed by me, issued by the military authorities in the Philippine Islands. I did not feel justified in doing more in view of existing regulations on the subject from the Department. Furthermore, the important part of permanent residence in the Philippines and temporary stay here had not been established except by Gisbert’s statements to me. When, however, the Spanish authorities made no contention respecting residence, which might have implied previous obligations, but denied his claim to anything but Spanish nationality, I requested the approval of the minister to protest against Gisbert’s enlistment. Having received the approval of the minister to do so, I have protested and will transmit a copy of the decision of the local authorities in the case when received.

[Page 952]

This case is interesting as showing the attitude of the Spanish Government regarding the status of native inhabitants of the Philippine Islands temporarily residing here less than two years.

I have, etc.,

Julius G. Lay, Consul-General.
[Subinclosure.—Translation.]

Certificate furnished by the consulate-general to Mr. Gisbert.

This is to certify that Mr. Antonio Gisbert has to-day presented himself at this consulate-general, and, according to documents, is a native inhabitant of Manila, is under the protection of the United States, his present residence being at 85 Calle Bailen, of this city.

Julius G. Lay, Consul-General of the United States.
Signature of bearer:
Antonio Gisbert.

Barcelona, November 27, 1901 .