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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

Spain,   pp. 949-966 PDF (1.4 MB)

Page 953

inhabitant of the Philippine Islands, who had been called upon by the military
authorities of Spain to serve in the Spanish army, I have the honor to inform
you that the protest made by this legation to the ministry of state of Spain,
in compliance with the above mentioned instruction, has produced the desired
result, the young man in question, as will be seen by a translation of a
letter addressed to the consulate-general at Barcelona from the recruiting
office in that city, copy of which, 1 beg to inclose, having been exempted
from military service in this country. 
 Mr. Gisbert, the consul-general informs me, expects to sail for Manila this
 I have, etc., STANTON SICKLES. 
G'omision Mixta to United States Gonsul- General, Barcelona. 
 Province of Barcelona. 
 After seeing the particulars relating to the protest put forward by the
consul of the United States at Barcelona against the decision of the "Sección
de Quintas" of the Fourth District of this city, which declared that no reason
existed for excluding the individual Antonio Gisbert y Bayot from enlistment
for the present year; 
 Whereas the same show the said individual to be a native of the Philippine
Islands; that he presented himself on the 2d of February last before the
above-mentioned "SecciOn" praying that he should be exempted from enlistment,
and handed in a certificate issued by you and registered at the office of
the civil governor of this province, stating that he was a native citizen
of the Philippine Islands and was under United States protection; that the
"Sección "in session decided to call for particulars in order to decide
the case, in virtue of which decision a certificate given by the cornnmandant
of marine of this port was attached to the "expediente" (proceedings) to
the effect that the individual in question arrived at this port from Manila
on the 8th of May, 1900, on board the steamer Leon XIII, also a written statement
from your consulate stating that the certificate issued by the military authorities
in the Philippine Islands to the young man in question on the 1st of January,
1900, was viséed at your office on the 7th of November, 1901, he not
being registered there as an American citizen, and that the "Sección"
had on the 8th of February last decided that there was no reason for excluding
the said young man from enlistment, on the grounds that although he arrived
in this city after the date mentioned in Article IX of the treaty of peace
between Spain and the United States, his status as a foreigner was not established
in the form required by Article XII of the royal decree of November, 1852;
 Whereas you protested against the above-named decision in your communication
to this committee dated the 20th February, stating that although the young
man is not registered at your consulate as an American citizen, nevertheless,
in compliance with the regulations of his excellency the civil governor of
this province, relating to foreigners temporarily residing in this city,
you issued to him a certificate which is attached to the "expediente, "to
the effect that the young man in question is a native of the Philippines
and a citizen of Manila, which document is registered at the office of the
civil governor of this province; 
 Whereas this committee in its session held on the 27th of the same month
of February determined to require the young man to prove within the shortest
possible time his place of residence, as well as that of his mother, on the
11th of April, 1899, the date of the ratification of the treaty of peace
between Spain and the United States, whereupon the young man presented a
document dated the 22d of last May, being the sworn statements of three citizens
of Manila, made before the notary of that city, Don José Ma. Rosado,
proving that Douia Maria del Carmen Bayot, widow of Don Antonio Gisbert,
mother of the young man Antonio, and he himself, resided in the said city
on that date; furthermore, that they resided there during the whole of the
year 1899; 
Whereas the "expediente" further includes: 

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