File No. 353.117R33/1.
The American Consul at St. Michael’s to the Secretary of State.
St. Michael’s, February 27, 1913.
Sir: I have the honor to advert to the third paragraph of my despatch No. 721 of October 17, 1912, and in support of the claim that young men to whom I have issued emergency passports are considered refractories by the local military authorities I copy hereunder excerpts of despatch No. 650 dated December 4, 1912, and despatch No. 662 of the 6th instant, in full, from Mr. Moyses Benarus, our Consular Agent at Fayal, to wit:
(No. 650.) I have the honor to acknowledge the receipt of your letter No. 509 re status of children born in the Azores to American naturalized citizens, as well as copy of that No. 327 from the Department of State on the same subject for which I thank you. …
… As I have a similar case on hand, viz. that of the son of Manuel Souto Correia, Consular case No. 41.
Francisco Souto Correia, son of the above-named naturalized citizen, embarked from Fayal to the United States on the 13th day of June, 1911, with an American passport issued by you at my office on or about May 9, 1911, and visaed by me on the same date of issuance, and according to the complaint of his father made to me this day at my office, the said son is now on the list affixed at the door of church of his parish (Capello, Fayal) as a refractory and to pay the military tax.
It will be as well for me to say that Manuel Souto Correia, father of said Francisco Souto Correia, regularly claimed his said son before the Municipality of Horta in conformity with Section 18 of Portuguese Civil Code on September 22, 1908, and again made usual declaration of nationality on the 3d day of November of the same year. …
I am receiving similar complaints every day from lathers and guardians of boys that have embarked to the United States with American passports until I am tired of the situation. …
I would suggest that you make all these facts known to the American Minister in Lisbon for a final decision.
(No. 662.) I have the honor to acknowledge the receipt of your letter No. 529 of January 21st ultimo, with copy of that received from Francisco Alves Pereira, Calheta, Pico, and relative to the subject of military tax imposed on his sons Francisco and Domingos, now residing in the United States.
Responsive to same I have the honor to say that similar complaints are being brought into my office every day, until I really do not know which way to turn, because I am perfectly sure of the Portuguese law being in favor of all these lads; this most illegal imposition of making them pay the military tax (Rs. 3$000) and of considering them refractories is I believe a “skin” brought or made up by the military Junta and one that really has no reason to be, because it is in opposition to the Portuguese law as it stands now.
In my letter No. 650 of December 4, 1912, with a similar complaint, I suggested that you brought to the knowledge of the American Minister in Lisbon all these irregularities, pointing out to him the urgent necessity of these local military authorities (in Tereira and I believe Lisbon also) being instructed to act according to the Portuguese standing law and not according to their ideas as it seems.
I have consulted my lawyer on these cases, who in his turn studied the law on the subject, and am told by him that the imposition of payment of military tax and that of considering these lads refractories after their leaving the country with American passports is one that can not be.
In my letter No. 650 I suggested your sending me a certificate of nationality to be given to the father of this boy in order that with its presentation to the respective authority he might be remitted from the payment of tax.
I hesitate to make an exposition of the case to the respective authority (military of course) because of my doubt whether the same has to be made by [Page 1295] you as the superior consular officer in the Azores or by myself as your subordinate officer.
Such reclamation would have to be addressed, I believe, to the military headquarters at Terceira island.
The official notice enclosed appears to support our claim that young men born .in the Azores of naturalized American citizens, who have gone to the United States on American passports, are considered refractories by the military authorities, particularly in the district of Horta. This district embraces the islands of Fayal, Pico, Flores and Corvo; from which islands come nearly all the complaints.
Francisco Alves Pereira, referred to in the accompanying Portuguese official notice,1 is registered here as an American citizen; he registered October 7, 1911, and re-registered in 1912; therefore his registration is valid until October 7, 1913. He is residing here because of poor health. April 28, 1911, after satisfactorily overcoming the presumption of expatriation, I issued him emergency passport No. 433, and he went to the United States accompanied by his two sons Francisco and Domingos. Ill health forced him to return to the Azores, and he arrived here en route to Pico October 6, 1911. His two sons remained in the United States. Notwithstanding the fact that these boys legally embarked with Portuguese permission; that the father has met every Portuguese condition and is registered at Images, Pico, as an American citizen, as may be seen by enclosure No. 2,1 it appears his sons are considered refractories, and he required to pay 3$000 reis annually until the boys reach the age of 45 years. Failure to pay the assessment puts a cloud upon any real estate they may inherit.
I have instructed our Consular Agent at Horta, Mr. Pereira at Lages and many other citizens that this matter would be transmitted to the Department for consideration and appropriate reference; and I do so with the recommendation that the Consul here be authorized to issue certificates, without fee, in such cases covering facts of citizenship similar to Form No. 179——Consular.
I have [etc.]