The Acting Secretary of State to Minister Powell.

No. 701.]

Sir: I have to acknowledge the receipt of your No. 1759, of the 11th instant, referring to the Department’s No. 693 of the 26th ultimo, and asking further instructions as to the definition of Porto Rican citizenship.

In reply, I have to say that the act of April 12, 1900, which, in pursuance of the provisions of Article IX of the Treaty of Paris of December [Page 545] 10, 1898, determines the political status of the native inhabitants of Porto Rico, provides that—

all inhabitants continuing to reside therein [in Porto Rico] who were Spanish subjects on the 11th day of April, 1899, and then resided in Porto Rico and their children born subsequent thereto shall be deemed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States.

While natives of Porto Rico not coming within the above description are not entitled to protection by this government, the word “reside” should be construed in its general legal sense, in which continuous personal presence is not necessary. A native of Porto Rico, temporarily absent from the island on the dates mentioned might still have a legal residence there. The facts in Paradises case, however, to which instruction 693 relates, preclude any claim to legal residence in Porto Rico on his behalf.

I am, etc.,

F. B. Loomis.