File No. 353.117R33.

The American Consul at St. Michael’s, Azores, to the Secretary of State.

No. 721.]

Sir: I have the honor to transmit herewith enclosed a copy of my despatch to the American Minister at Lisbon, together with an application for a Department passport, and a copy of the registration of Antonio Cabral Eezendes; and for the Department’s consideration wish to state that the military authorities here take exception to my claim that a person, airy person, born within the United States, or its territories, is an American citizen by birth, if they wish to claim it, and that no act of the parent can deprive the child of the rights given him by his birth.

It appears that young Rezendes, or Cabral as he is known here, returned to the Azores when about 15 months old, and contemplates returning to the United States within one year. The Military Commission at Nordeste, this island, have entered his name in the list for military service, and, notwithstanding he presented a document proving birth at New Bedford, Massachusetts,’ April 29, 1894, they took up this certificate and refused absolutely to return it to him. They also on two occasions refused to deliver it to me. However, after my conference with the Civil Governor and Colonel Pacheco, presiding officer of the Central Military Commission, referred to in my despatch to the Legation, and in response to a telegraphic request therefor, the certificate was returned today in registered mail, and it bears evidence of many erasures on its reverse side.

In my despatch to the Minister I have requested that appropriate action be taken to definitely settle the status here of American-born children, [as] it appears Portugal does not admit our claim that nativity establishes citizenship; and if this question might be definitely settled I am sure it will remove a cause of much friction. I also believe that it might be well to take up with Portugal the matter of children born in the Azores to naturalized American citizens, that their status may be established, for I am creditably [sic] informed—I hope to be able to forward the evidence in the near future—that the names of young men to whom I have issued emergency passports are still on their military enrollment list, and [Page 1291] they are considered refractories, to be punished should they ever return to the Azores; and, further, as refractories, their leaving the Azores puts a cloud on any real estate they may inherit.

The correspondence between this office and the island of San Jorge, Pico, Flores and Corvo is voluminous, and every mail brings letters beseeching me to issue some form of certificate in Portuguese that will satisfy the local military commission that their boys emigrated legally on American passports, and that they are American citizens under our laws.

I shall endeavor in the near future to present this matter to the Department with evidence showing the true situation here, and at that time will submit a form of certificate for the Department’s consideration.

In closing I beg to state that in the case of Rezendes the matter does not come within the scope of the powers of the Civil Governor; it is a military condition, and were it not, there would be no necessity for this or my despatch to our Minister.

I have [etc.]

E. A. Creevey.
[Inclosure.]

The American Consul at St. Michael’s to the American Minister to Portugal.

No. 145.]

Sir: I have the honor to invite your attention to the enclosed copy of the registration of Antonio Cabral Rezendes, and to advise you that I this day have accepted his application for a Department passport, as he intends to go to the United States within one year.

It appears that Rezendes was born at New Bedford, Massachusetts, of Portuguese parents, April 24, 1894, and since the fall of 1895 has resided in the district of Nordeste, this island. The Military Commission at Nordeste, it appears, have entered this boy’s name on the list for military service, and did so notwithstanding the fact that the boy claimed American citizenship by birth and produced a copy of the church record, a certificate under the seal of St. John the Baptist Church and the signature of its pastor, Rev. Joaquim G. Cardozo.

During the month of August Rezendes appeared at this Consulate and requested registration as an American citizen, which was refused pending his identification and a document proving birth in the United States. He then alleged that his birth certificate was taken up and retained by the secretary of the Military Commission, and that he, the secretary, refused to return it to him. I then communicated with the secretary, Manuel Bento Pacheco, and requested the return of the certificate to this office, which request was politely refused. However, he did send a copy of it certified by the Commission’s seal and his own signature; upon which I have recognized Rezendes as an American citizen. In the accompanying letter the secretary states that Antonio Cabral Rezendes—Antonio Cabral as he is known here—is considered a Portuguese citizen by law and that his name cannot be eliminated from the list.

Under date of October 4, 1912, I again communicated with this secretary and sent a letter of which the following is an exact copy1, to wit:

San Miguel, Açores., October 4, 1912.

His Excellency Manuel Bento Pacheco,
Secretary of the Military Census Commission, Northeastern Council, San Miguel, Açores.

Your Excellency:

I have before me the kind note of your excellency, No. 48, under date of the 2d instant, relating to the case of Antonio Cabral, which note I read with great care and interest.

For your excellency’s information permit me to say that one of the fundamental bases of the Constitution of the United States of America is that every and any individual who is born within the boundaries of the United States or their territories is an American citizen and as such is entitled to the most ample protection which my Government can [Page 1292] afford him, when he happens to ask for it. This basis of our Constitution is recognized internationally, including Portugal, both by the Monarchy and the Republic; and I, as a representative of the United States Government in the Azores, respectfully protest against the censusing of an American citizen to serve the Portuguese Republic against his will.

I have the honor to request your excellency, or whoever may consider it to be in his power, to return to this Consulate the original certificate referred to in your excellency’s note; and on this same date I am summoning Antonio Cabral to report here.

By virtue of our laws Antonio Cabral has, until he arrives at the age of 21 years, the privilege of declaring his nationality; and if he makes a declaration in my presence that he desires to be recognized as an American citizen, and proves that he was born in the United States, a document will be issued to him recognizing him as an American citizen. Upon this document being presented to your excellency I hope that the name of Antonio Cabral will be eliminated from the list of military service.

I sincerely hope that this matter will be settled amicably, without the necessity of resorting to our Legation at Lisbon.

I have [etc.]

E. A. Creevey, American Consul.

to which he replied as follows:1

Service of the Republic.

No. 49.]

His Excellency the U. S. Consul at Ponta Delgada:

I acknowledge the receipt of the letter which your excellency sent me under the date of the 4th instant, and in regard to the same I will inform you that as I have no authority under the law to do anything but authenticate the acts of the Commission of which I am secretary and take all the notes and information presented to me regarding the census service in order to submit them to the action of the said Commission, it is not within my legal powers to eliminate or enter any youth from the military census, this being the duty of the said Commission and the other authorities designated by the law.

I will furthermore inform your excellency that as such service in this district is in charge of his excellency the Head of the Recruiting District No. 26 with headquarters in this city, I am sending to him all the documents relating to the case of Antonio Cabral da Lomba da Feteira of the parish of Achada of this Council, with whom your excellency may reach an understanding in the matter.

Health and fraternity,

Manoel Bento Pacheco,
Secretary of the Commission.

Hall of the Commission of Military Census of the Northeastern Council, October 11, 1912.

At an informal conference this morning with his excellency the Civil Governor and Colonel Pacheco, it was very apparent that the Colonel felt that the Commission’s action was supported by Portuguese law, and for that reason was unwilling to admit my claim that Rezendes is an American citizen and as such his name should be eliminated from their list. And the Colonel further stated that Rezendes had voluntarily asked that his name be entered, which statement I believe is open to argument.

After two hours examination of Rezendes I am satisfied the boy did not voluntarily ask that his name be put upon the list, although he did voluntarily call upon the secretary, when he made the claim of American citizenship and produced a copy of his birth record. However, it is immaterial whether he submitted voluntarily to a military examination or not. If he did, this cannot, it seems to me, be regarded as abandonment of citizenship. On the ground that he was born in the United States and has been identified and the secretary attest [sic] this fact, I maintain the young man is entitled to recognition as an American citizen and that his name should be eliminated from the military list; and further that his certificate of birth, being an American document, should be returned to him.

This matter is respectfully submitted for your consideration and appropriate action; and I cannot too strongly recommend that this entire matter be definitely settled. I shall appreciate being advised of the decision made in this case.

I have [etc.]

E. A. Creevey.
  1. A translation is substituted for the above-mentioned exact copy.
  2. A translation is substituted for the above-mentioned exact copy.