Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1910

File No. 22918.

Minister Bryan to the Secretary of State.

American Legation,
Lisbon, December 14, 1909.

No. 574.]

Sir: I have the honor to transmit herewith copies of the telegrams exchanged with the consul at St. Michael’s regarding the arrest in the island of Terceira of a minor son of Antonio S. Nunes, a naturalized American citizen. The father’s registration certificate has reached me since my first message to Mr. Creevey. In this document, a copy of which is also herewith inclosed, it is recorded that Nunes’s sons were born in Terceira and are living there now, hence my inquiry whether the young man imprisoned was residing in the United States at the time of his father’s naturalization or if he had lived there afterwards. In all cases with which I am familiar this point of a minor claimant’s residence in the country of the parent’s adoption has been deemed essential in deciding on the right of seeking protection from the American Government. The question having been satisfactorily settled by Consul Creevey, I had a preliminary talk with the minister for foreign affairs about the case. After I had addressed him the note, of which I transmit a copy, the minister appointed the following day for an interview. As I was prevented by illness from leaving the house, the secretary of legation went to the foreign office in my place. Mr. Lorillard was informed that the minister had already telegraphed to the proper authorities at Terceira for information, and that he would that day have an interview with the minister of war on the subject. Later, to-day or to-morrow, I expect a reply from the foreign office.

I have, etc.,

Charles Page Bryan.

[Inclosure]

Minister Bryan to the Minister for Foreign Affairs.

American Legation,
Lisbon, December 10, 1909.

Excellency: Telegrams from the Azores inform me that the minor son of an American citizen, Antonio S. Nunes, has been imprisoned on the island of Terceira for nonperformance of military duty. As said Antonio S. Nunes took out his naturalization papers in the year 1901, when his son was 12 years of age, and was residing in America as he did for 11 years up to 1909, I am sure your excellency will recognize his right to call upon his father’s adopted country for protection. Whatever might have been the attitude of His Most Faithful Majesty’s Government prior to the celebration of the recent convention, I am sure that the provisions of the latter will be recognized as emphasizing the rights of the naturalized American citizen and consequent exemptions for himself and his family in just such cases as this. Your excellency’s well-recognized sense of justice will, I am confident, insure prompt righting of any wrong done to a youth who, when a child, followed his father to the country of the latter’s adoption, and who, while on a brief visit to relatives, has been imprisoned evidently under a misconception of his real status as to citizenship.

I avail, etc.,

Charles Page Bryan.