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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902
(1902)

Spain,   pp. 949-966 PDF (1.4 MB)


Page 949

 SPAIN. aSee Foreign Relations, 1901, page 462. 949 
MILITARY-SERVICE CASE OF ANTONIO GISBERT Y BAYOT. 
Air. Storer to Aft. hay. 
No. 634.] LEGATION OF THE UNITED STATES, 
Afadrid, February 26, 1902. 
 Siu: Owing to the fact that I have been personally confined to my room for
ten days, I have not reported as yet a matter as to which my advice had been
asked by the consul-general at Barcelona, which I have the honor now to do.
 It seems that on the 27th day of November, 1901, Mrs. Carmen Bayot, together
with her son, Mr. Antonio Gisbert y Bayot, addressed themselves to the consulate-general,
with each of them a "cedula," issued by the authorities of the United States,
of the province of Manila, on the 1st day of January, 1900. The young man
is correctly described therein as having been born in Manila, as 18 years
of age, single, occupation that of a mechanic, residing in Cabilde, Manila.
Both of these "cedulas" were issued by the first lieutenant of the Thirty-seventh
Infantry, collector of internal revenues—the name is not distinguishable.
 The young man was also bearer of his birth certificate, duly authenticated;
and on the 27th November, 1901, demanded to be registered as a United States
citizen at the consulate-general. The consul-general, in view of your instruction
No. 283,a dated January 16, 1901, declined to consider himself authorized
to do more than to vise the "cedula" and the birth certificate, which he
then did under the seal of the consulate-general. Notwithstanding this, the
Spanish authorities, in the last drawing of the conscription list for service
in the Spanish army, insisted on including the name of the young man; and
he has, I am informed, been definitely drawn and will be held for service.
 The consul-general wrote me, asking instructions by telegraph from me, as
to whether he should make a formal protest within the time fixed by the Spanish
law for the filing of such protest; and I was able to do no more, under the
circumstances narrated, than telegraph him so to do. He informs me that he
has made such a protest; that no answer thereto has been received, but that
he learned that the Spanish authorities do not contest in any way the fact
of the birth and citizenship of the young man, but will claim that as he
was not "registered at the consulate as an American citizen" they were not
obliged to exempt him. 
 I report this case as it up to this time has been made known to me, and
will inform the Department at once of the official ground which 


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