Mr. Hay to Mr.
Storer.
Department of State,
Washington
,
March 10,
1902
.
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.,
[Inclosure.]
Mr. Lay to the
Department of State.
Consulate-General of the United States,
Barcelona
,
February 18, 1902
.
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
.