Mr. Gisbert, the consul-general informs me, expects to sail for Manila
this month.
[Inclosure.—Translation.]
Comision Mixta to United States Consul-General,
Barcelona.
Comision Mixta de Reclutamiento,
Province of
Barcelona
.
No. 4797.]
After seeing the particulars relating to the protest put forward by
the consul of the United States at Barcelona against the decision of
the “Sección de Quintas” of the Fourth District of this city, which
declared that no reason existed for excluding the individual Antonio
Gisbert y Bayot from enlistment for the present year;
Whereas the same show the said individual to be a native of the
Philippine Islands; that he presented himself on the 2d of February
last before the above-mentioned “Sección” praying that he should be
exempted from enlistment, and handed in a certificate issued by you
and registered at the office of the civil governor of this province,
stating that he was a native citizen of the Philippine Islands and
was under United States protection; that the “Sección” in session
decided to call for particulars in order to decide the case, in
virtue of which decision a certificate given by the commandant of
marine of this port was attached to the “expediente” (proceedings)
to the effect that the individual in question arrived at this port
from Manila on the 8th of May, 1900, on board the steamer Leon XIII, also a written statement from your
consulate stating that the certificate issued by the military
authorities in the Philippine Islands to the young man in question
on the 1st of January, 1900, was viséed at your office on the 7th of
November, 1901, he not being registered there as an American
citizen, and that the “Sección” had on the 8th of February last
decided that there was no reason for excluding the said young man
from enlistment, on the grounds that although he arrived in this
city after the date mentioned in Article IX of the treaty of peace
between Spain and the United States, his status as a foreigner was
not established in the form required by Article XII of the royal
decree of November, 1852;
Whereas you protested against the above-named decision in your
communication to this committee dated the 20th February, stating
that although the young man is not registered at your consulate as
an American citizen, nevertheless, in compliance with the
regulations of his excellency the civil governor of this province,
relating to foreigners temporarily residing in this city, you issued
to him a certificate which is attached to the “expediente,” to the
effect that the young man in question is a native of the Philippines
and a citizen of Manila, which document is registered at the office
of the civil governor of this province;
Whereas this committee in its session held on the 27th of the same
month of February determined to require the young man to prove
within the shortest possible time his place of residence, as well as
that of his mother, on the 11th of April, 1899, the date of the
ratification of the treaty of peace between Spain and the United
States, whereupon the young man presented a document dated the 22d
of last May, being the sworn statements of three citizens of Manila,
made before the notary of that city, Don José Ma. Rosado, proving
that Dona Maria del Carmen Bayot, widow of Don Antonio Gisbert,
mother of the young man Antonio, and he himself, resided in the said
city on that date; furthermore, that they resided there during the
whole of the year 1899;
Whereas the “expediente” further includes: [Page 954]
- 1.
- A statement from you that the mother is a native and a
citizen of Manila, under the protection of the United
States, which document was registered at the office of the
civil governor of this province; and
- 2.
- A certified copy of the local census sheet of this city,
taken on the 31st of December, 1900, in which it is stated
that on that date both the mother and the young man had
resided in this city for several months; and
- 3.
- A copy of the decision arrived at;
Whereas, it being proved that both the young man and his mother are
natives of the Philippines, and that they resided in the said
islands on the 11th of April, 1899, the date of the exchange of the
ratifications of the treaty of peace between Spain and the United
States, it is considered that they thus lost their status as
Spaniards by virtue of Article I of the royal decree of the 11th
May, 1901;
Whereas the status of foreigners held by the young man and his mother
is proved by the documents issued by you on the 27th of November,
1901, in respect of the young man and on the 25th of February last
in respect of his mother, which are registered at the office of the
civil governor of this province, according to notes made therein,
upon the dates when they were respectively issued;
Whereas foreigners are exempt from military service in Spain, and
must not therefore be included in the annual enlistments;
In view of the recruiting law, the regulations for its execution, the
royal decree of May 11, 1901, and other regulations in force bearing
upon the matter;
This committee, in session of the 28th May last, decided to revoke
the decision of the “Sección de Quintas” of the Fourth district of
this city of the 8th of February last, which declared that there
were no grounds for excluding the young man Antonio Gisbert y Bayot
from enlistment for the current year, and in its place it is decided
to exempt him from that enlistment, seeing that having lost Spanish
nationality he is not under obligation of military service in Spain,
and that said decision be communicated to you, as I have herewith
the honor of doing, for you to act as you deem best.
May heaven protect you many years.
Barcelona, June 4,
1902.
The President of the Comision
Mixta.