Mr. Hay to Mr. Hardy.

No. 112.]

Sir: I have to acknowledge the receipt of your No. 188, of the 5th instant, in regard to the case of Jorge Grau y Ortegueira.

In reply I have to say that Mr. Grau was a “native inhabitant” of Porto Rico. The Department thinks that he also comes within the definition of “a citizen of Porto Rico” in the act of April 12, 1900. It does not appear at just what time during the year 1900 he left Porto Rico, but he was a “Spanish subject on the 11th day of April, 1899, and then resided in Porto Rico;” and even if he left Porto Rico for Cadiz before April 12, 1900, in view of the fact that his sojourn at the latter place is temporary and he intends to return to Porto Rico to reside, it may well be maintained that in the legal sense of the term he “continued to reside “in Porto Rico. (See case of Marrero, p. 229, Van Dyne on Citizenship of the United States; also Bayot’s case, note, p. 225 of the same work.

The Department is of opinion that he is clearly entitled to protection as a citizen of Porto Rico.

I am, etc.,

John Hay.