File No. 22918/7.
Chargé Lorillard to
the Secretary of State.
American Legation,
Lisbon, January 31,
1910.
No. 598.]
Sir: In continuation of my No. 5952 of the 25th instant, relative
to the arrest and imprisonment of Antonio Silveira Nunes, jr., a minor
son of a naturalized American citizen, for nonperformance of military
service, I have the honor to report that on the 26th instant the
minister for foreign affairs verbally informed me that orders for
Nunes’s release had been cabled to Terceira on the previous Monday, as
he had promised me would be done in his interview with me of the 23d
instant. On the 27th the minister confirmed this information in a formal
note, a copy and a translation of which are herewith [Page 834] inclosed. In view of section 2 of article
22 of the Portuguese Civil Code, a copy and a translation of which are
inclosed herewith, the note expresses the hope that the apparent
conflict between the American and Portuguese laws on the subject of the
nationality of minor children of naturalized citizens may be settled to
the satisfaction of both Governments.
In my reply, a copy of which is also inclosed, I informed the minister
that I would transmit you a copy of his note for such action as you may
desire to take on the question.
I have, etc.,
[Inclosure
1—Translation.]
The Minister for Foreign
Affairs to Chargé Lorillard.
Foreign Office,
Lisbon, January 27,
1910.
In continuation of the communication which my predecessor addressed
to Mr. Page Bryan on December 13 last, and in reply to those which
you have since sent me, I have the honor to communicate to you that
on the 24th instant a telegraphic order was sent to the military
commander of the Azores instructing that the drafting and enlistment
of the youth Antonio Silveira Nunes, jr., be considered void. By
this order, which implies the immediate release of the youth, you
have the proof of the desire of His Majesty’s Government to
acquiesce in the demands of the Government of the Republic.
The reasons on account of which His Majesty’s Government was unable,
without a complete examination of the case, to come to a decision
are based entirely on motives of a legal order.
The Portuguese Civil Code states (par. 2 of art. 22) that the
naturalization in a foreign country of a Portuguese does not imply
the loss of Portuguese nationality of the minor children born before
the naturalization, except when these declare, after their majority
or emancipation, that they desire to follow the nationality of their
father.
On the other hand, the legation of the United States of America
declares that the children of naturalized American citizens, in the
conditions of the youth Silveira Nunes, are American citizens.
In the naturalization convention of 1908 between Portugal and the
United States of America we do not seem to find a solution of the
matter, because it does not expressly refer to the children of
naturalized persons.
It thus happens that a conflict of laws takes place which it is
necessary to settle. The cordial sentiments between Portugal and the
United States of America and the spirit of conciliation, which can
not fail to influence in this negotiation, gives me the pleasant
assurance that without difficulties to either Government we may
reach a rapid agreement in this matter.
I avail, etc.,
[Inclosure 2.]
Chargé Lorillard to the Minister for
Foreign Affairs.
American Legation,
Lisbon, January 29,
1910.
Excellency: I have the honor to acknowledge
the receipt of your excellency’s note of January 27, 1910, in which
I am informed that telegraphic orders were sent on the 24th instant
to the military authorities in the Azores to immediately release the
youth Antonio Silveira Nunes, jr., who had been in prison at
Terceira for the evasion of military service.
Your excellency adds that there appears to be a conflict between the
Portuguese and American laws concerning the status of the minor
children of naturalized citizens, and believes that an agreement on
this question may soon be reached by the two Governments.
I shall not fail to transmit to the American Government a copy of
your excellency’s note for its consideration and as a base for such
instructions as it may be pleased to send me on this subject. For my
own part I desire to reiterate to your excellency my most sincere
thanks for and appreciation of the courtesy and consideration shown
me by your excellency in this affair.
I avail, etc.,
