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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 951

 SPAIN. 951 
This certificate was viseed by the consul-general, and a certicate (Form
A of the dispatch) was issued to Gisbert, stating that lie was a native of
the Philippine Islands, under .the protection of the United States. This
latter certificate was presented at the office of the civil governor of Barcelona
by Gisbert, where it was stamped and noted and his name registered there
as a foreigner. 
 Notwithstanding these precautions, Gisbert was notified in January last
that he was called in this year's draft for the Spanish army. On his inquiry
he was informed that he could not be considered as a foreigner, as he was
not registered at the United States consulate as an American citizen. Thereupon
the consul-general protested to the local authorities, who had not at the
date of his dispatch made a reply. 
 You may bring the matter to the attention of the Spanish Government and
point out that, while under existing conditions Gisbert can only be regarded
as a native inhabitant of the Philippine Islands under the protection of
the United States, he can not now, in view of the terms and stipulations
of the treaty of peace, be regarded as a subject of Spain, liable for military
service. 
 I am, etc., JOHN HAY. 
[Inclosure.J 
Mr. Lay to the Department of State. 
No. 208.] CONSULATE-GENERAL OF THE UNITED STATES, 
Barcelona, February 18, 19O~. 
 Simi: I have the honor to inform the Department that after obtaining the
approval of the minister at Madrid I have protested to the authorities here
against the enlistment in the Spanish army of one Antonio Gisbert y Bayot,
a native inhabitant of the Philippine Islands. 
 The facts in the case are as follows: On November 27, 1901, Antonio Gisbert
y Bayot presented at this consulate-general a "certificate of registration,"
issued by the United States military authorities at Manila on January 1,
1900, to said Gisbert y Bayot, and a similar certificate issued to his mother
on the same date, both countersigned by the captain of the port of Manila;
also a certificate duly authenticated showing that Gisbert was born in the
Philippines on August 7, 1881. The certificates of registration were both
viséed by me on November 27, 1901, and in order to cornply with the
regulations of the civil governor of this province a certificate in the form
inclosed was issued on the 27th November, 1901, at this office. This certificate
was presented at the office of the civil governor by Gisbert, where it was
stamped and noted, and his name registered there as a foreigner. 
 In the first part of January of this year Gisbert was notified that his
name was included in the lists of those young men obliged to serve in the
Spanish army in this year's draft. I advised Gisbert to request an explanation
from the authorities for their action, to which they replied in a letter
addressed to Gisbert that, although he was born in the Philippine Islands
and did not arrive in Spain until May 1, 1900, as shown by the records of
the captain of the port of Barcelona, he could not be considered as a foreigner,
as he was not registered at the consulate-general of the United States here
as an American citizen. Before this letter to Gisbert was written, in reply
toa request from the authorities for information regarding the registration
of Gisbert, I informed them that he was not registered as an American citizen,
but that he held a "certificate of registration" viséed by me, issued
by the military authorities in the Philippine Islands. I did not feel justified
in doing more in view of existing regulations on the subject from the Department.
Furthermore, the important part of permanent residence in the Philippines
and temporary stay here had not been established except by Gisbert's statements
to me. When, however, the Spanish authorities made no contention respecting
residence, which might have implied previous obligations, but denied his
claim to anything but Spanish nationality, I requested the approval of the
minister to protest against Gisbert's enlistment. Having received the approval
of the minister to do so, I have protested and will transmit a copy of time
decision of the local authorities in the case when received. 


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