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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 954

 1. A statement from you that the mother is a native and a citizen of Manila,
under the protection of the United States, which document was registered
at the office of the civil governor of this province; and 
 2. A certified copy of the local census sheet of this city, taken on the
31st of December, 1900, in which it is stated that on that date both the
mother and the young man had resided in this city for several months; and
 3. A copy of the decision arrived at; 
 Whereas, it being proved that both the young man and his mother are natives
of the Philippines, and that they resided in the said islands on the 11th
of April, 1899, the date of the exchange of the ratifications of the. treaty
of peace between Spain and the United States, it is considered that they
thus lost their status as Spaniards by virtue of Article I of the royal decree
of the 11th May, 1901; 
 Whereas the status of foreigners held by the young man and his mother is
proved by the documents issued by you on the 27th of November, 1901, in respect
of the young man and on the 25th of February last in respect of his mother,
which are registered at the office of the civil governor of this province,
according to notes made therein, upon the dates when they were respectively
 W'hereas foreigners are exempt from military service in Spain, and must
not therefore be included in the annual enlistments; 
 In view of the recruiting law, the regulations for its execution, the royal
decree of May 11, 1901, and other regulations in force bearing upon the matter;
 This committee, in session of the 28th May last, decide(1 to revoke the
decision of the "Sección de Quintas" of the Fourth district of this
city of the 8th of February last, which declared that there were no grounds
for excluding the young man Antonio Gisbert y Bayot from enlistment for the
current year, and in its place it is decided to exempt him from that enlistment,
seeing that having lost Spanish nationality he is not under obligation of
military service in Spain, and that said decision be cornniunicated to you,
as I have herewith the honor of doing, for you to act as you deem best. 
 May heaven protect you many years. 
 Barcelona, June 4, 1902. 
Jir. flay to Air. Storer. 
   TVas/o'ington, July 1, 1902. 
 SIR: The Department has been gratified to receive Mr. Sickles's No. 667,
of the 12th ultimo, reporting that the recruiting office of Barcelona had
exempted Mr. Antonio Gisbert y Bayot from military service in Spain. 
 It appears to the Department that no other conclusion was possible, as Mr.
Gisbert was a native inhabitant of the Philippines, under the protection
of the United States, whose status is, according to the second paragraph
of Article IX of the treaty of peace, determinable by Congress. 
 I am, etc., JoHN HAY. 
jTIr. flay to Air. Gurry. 
 W~tsIungton, February 13, 1902. 
 SIR: The President having determined upon the appointment of a special ambassador
extraordinary to represent the Government of the United States upon the occasion
of the coming of age of King Alfonso XIII of Spain on May 17 next, and you
having indicated your accept- 

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