File No. 353.117R33/2.
[Inclosure.]
The American Minister
to the Minister for Foreign
Affairs.
aide mémoire.
In conversation with his excellency the Minister for Foreign Affairs,
the American Chargé d’Affaires act interim had the honor to call the
attention of his excellency to certain actions on the part of
Portuguese military officials in the Azores Islands, especially in
the District of Horta, in requiring military service or imposing
fines in lieu thereof, in cases of persons born in the Azores whose
fathers, also natives of the Azores, had previously obtained
naturalization as citizens of the United States and who are American
citizens.
In this connection the Chargé d’Affaires called attention to the fact
that such action on the part of the Portuguese officials was
contrary to the following provisions of Article 1, of the
Naturalization Treaty of 1908 between Portugal and the United
States, reading as follows:
Article 1. Subjects of Portugal who become naturalized
citizens of the United States of America and shall have
resided uninterruptedly within the United States five years
shall be held by Portugal to be American citizens and shall
be treated as such.
and to Section 1993 of the Revised Statute of the
United States as follows:
Section 1993, R. S. All children heretofore born or hereafter
born out of the limits and jurisdiction of the United
States, whose fathers were or may be at the time of their
birth citizens thereof, are declared to be citizens of the
United States; but the rights of citizenship shall not
descend to children whose fathers never resided in the
United States.
Under the provision of law just quoted, which corresponds with
Article Eighteen, Section Three of the Portuguese Civil Code, the
persons referred to are born citizens of the United States, and come
within the purview of Section Six of the Citizenship Act of March 2,
1907, which provides as follows:
Section 6. That all children born outside the limits of the
United States who are citizens thereof in accordance with
the provisions of Section Nineteen Hundred and Ninety Three
of the Revised Statutes of the United States and who
continue to reside outside the United States shall, in order
to receive the protection of this Government, be required
upon reaching the age of eighteen years to record at an
American consulate their intention to become residents and
remain citizens of the United States and shall be further
required to take the oath of allegiance to the United States
upon attaining their majority.
The Chargé d’Affaires had the honor to ask his excellency the
Minister for Foreign Affairs that the Portuguese Government instruct
the officials in the Azores to recognize as American citizens
persons born in the Azores of American fathers, native or
naturalized, unless, having reached the age of eighteen years, [Page 1298] they have failed to make
the declaration of intention to retain American citizenship required
by Section Six of the Expatriation Act of March 2, 1907, or, having
reached the age of twenty-one years, have failed to take the oath of
allegiance to the United States as required by the same law.
To illustrate, the Charge quoted the following specific instances
where Portuguese officials had acted in contravention of the
Convention between the Government of Portugal and the Government, of
the United States. The case of Francisco Souto Correia, son of
Manuel Souto Correia, in the municipality of Plorta, who,
notwithstanding that his father was a duly naturalized citizen of
the United States, and he himself duly registered at the Consulate
as an American citizen, has had his name affixed to the door of the
church of his parish (Capello, Fayal) as a refractory and under the
obligation to pay the military tax. The cases of Francisco and
Domingos Pereira, sons of Francisco Alves Pereira, of Calhita, Pico,
also American citizens and now residing in the United States, upon
whom the military tax has been imposed.
The Chargé stated that the American consular representatives have
reported to the American Government that similar complaints are
continually being brought into their offices and that there is
reason to believe that the local military officials are imposing the
military tax, claiming these American citizens as Portuguese
refractories, with insincere intent, since they must know well that
their action is in opposition to Portuguese law as it now
stands.
The two cases above quoted are quoted as examples, being typical of
many other complaints which the American Government has received
from its consular representatives, most of these abuses being
reported as faking place in the district of Horta, embracing the
islands of Fayal, Pico, Flores and Corvo.
In concluding the conversation with his excellency, the Chargé
d’Affaires had the honor to ask on behalf of the American Government
that instructions may be sent by the Portuguese Government to the
proper officials in the Azores Islands to the end that such
officials shall recognize as American citizens those persons defined
to be such under the provisions of the Treaty between the Portuguese
and American Governments, thus putting an end to the troubles
mentioned.
American Legation,
Lisbon, April 19, 1913.
