File No. 353.117R33/5.
As the Portuguese Government have taken this question seriously under
consideration and have presented seemingly a very courteous exposition
of the Portuguese view of the matter, I beg to bring this note
particularly to your attention.
[Inclosure.—Translation.]
The Minister for Foreign
Affairs to the American Chargé
d’Affaires.
Foreign Office,
Lisbon,
August 2, 1913.
Monsieur le Chargé d’Affaires: I did not
delay to inform my colleague the Minister of War of what you told me
in our conversation of last April, and
[Page 1300]
which is stated in your memorandum of the
19th of that month, in regard to the claims of young men listed for
military service in the Azores who allege themselves to be American
citizens. The Minister of War, in his turn, has given instructions
to the military authorities of the Islands to carefully observe the
legal provisions which exclude foreigners from enlistment, and also
to furnish all possible information upon cases specifically pointed
out by you. These orders have just been repeated in view of your
note of July 21. So soon as the complete information requested
arrives and has been carefully examined I shall inform you of the
result. Meanwhile the Ministry of War has furnished me information
which I deem useful to transmit to you.
In the first place, one must distinguish between claims presented to
the consular agents of the United States by young men who claim to
be exempt from military service and those of young men who really
have a right not to be included in the enlistment because of being
de facto foreign citizens. Many of those who complain do so without
any right to do so according to the Treaty of 1908, and the military
authorities believe that frequently the consuls of the United
States, by themselves looking into the complaints which the young
men present them, would be able to recognize their non-validity.
Again, the consular complaints would not be necessary if the young
men would have recourse to the Ministry of War, Which the law grants
them, where the questions of nationality are scrupulously examined.
As regards this aspect of the question, if you would find it
convenient to send instructions to the consular agents, your
subordinates, they might be of much use.
I desire also to call your attention to another point which needs a
practical solution, and this is that there is a divergence between
Portuguese laws and American laws. The latter, as I see from your
statement, regards as American the sons of citizens of the United
States, born abroad, who make a declaration before the consulate of
.the country to which their parents belong. Portuguese law
recognizes as foreigners the sons of foreigners born in Portugal who
make a declaration to this effect before the municipality of their
place of residence. So an individual born of an American father, in
Portuguese territory, is held by the Government of the United States
to be an American citizen from the time he has made the consular
declaration, but continues to be considered Portuguese by the
Government of the territory so long as the declaration has not been
made at the municipality.
It does not seem to me difficult for the Governments of Washington
and Lisbon to come to some definite understanding on this point. But
while they do not do so, the consular authorities of the United
States doubtless might aid greatly in the solution of the difficulty
and in the interest of the young men by making known to the young
men who present themselves to make the declaration required by the
American law that they must observe before the Portuguese
municipality the formality which the law of the territory
prescribes.
Animated, as the two Governments are, by a spirit of cordiality, I do
not see that this practice can offer difficulty. As regards the
young men, they also can suffer no inconvenience from obeying that
suggestion, providing they are acting in good faith.
I beg you will kindly inform me of your opinion in this respect. As a
proof of friendly sentiments and while awaiting your reply, the
Minister of War has recommended that the declarations made before
the consuls may be considered, provisionally and temporarily,
valid.
I avail [etc.]
