Mr. Sickles to Mr. Hay.

No. 667.]

Sir: With reference to Department’s instruction No. 423, bearing date March 10, concerning one Antonio Gisbert y Bayot, a native [Page 953] inhabitant of the Philippine Islands, who had been called upon by the military authorities of Spain to serve in the Spanish army, I have the honor to inform you that the protest made by this legation to the ministry of state of Spain, in compliance with the above mentioned instruction, has produced the desired result, the young man in question, as will be seen by a translation of a letter addressed to the consulate-general at Barcelona from the recruiting office in that city, copy of which I beg to inclose, having been exempted from military service in this country.

Mr. Gisbert, the consul-general informs me, expects to sail for Manila this month.

I have, etc.,

Stanton Sickles.
[Inclosure.—Translation.]

Comision Mixta to United States Consul-General, 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.


The President of the Comision Mixta.