File No. 88919.

Minister Bryan to the Secretary of State.

No. 576.]

Sir: Referring to my 574 of December 14, 1909, relative to the arrest and detention for nonperformance of military service of Antonio Nunes, a minor son of a naturalized American citizen, I have the honor to inclose herewith a copy and a translation of a note from the foreign minister, dated December 13, 1909, in reply to my note of the 10th instant, a copy of which was inclosed with my aforementioned dispatch.

Owing to the ministerial crisis I have been unable to further discuss the case with the Portuguese authorities. As soon as the new minister for the foreign affairs is appointed I shall take up the case with him.

I have, etc.,

Charles Page Bryan.

The Minister for Foreign Affairs to Minister Bryan.

Excellency: I gave immediate attention to the note which your excellency did me the honor to direct on the 10th instant, relative to the matter of the imprisonment in the Azores for nonperformance of military service of a son of the naturalized American citizen, Antonio S. Nunes. In order that the necessary details may be asked from the competent department

I have to request your excellency to give me the name of the youth.

Your excellency knows beforehand that I shall endeavor to have your excellency’s claim considered in the most benevolent manner, but I can not conceal from your excellency that at first sight it does not appear to be in condition to be favorably settled by His Majesty’s Government.

If it is true that it is the question of a minor son of a Portuguese, who has become a naturalized American, a class of persons not mentioned in the convention of May 7, 1908, His Majesty’s Government could not help respecting the stipulations of section 2 of article 22 of the Portuguese Civil Code, according to which the minor children of a Portuguese naturalized a foreigner, born before his naturalization, do not lose ipso facto their nationality as Portuguese.

As soon as I receive the name and any other information which your excellency can furnish me I shall submit the subject to the competent department, and, as I have said, your excellency can rest assured that, within the limits of the law, I shall endeavor that your excellency’s claim be considered in a less unfavorable spirit.

I avail, etc.,

Carlos Roma de Bocage.