SPAIN. MILITARY-SERVICE CASE OF ANTONIO GISBERT Y BAYOT. No. 634.] Mr. Storer to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: 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, dated January 16, 1901, declined to consider himself authorized to do more than to visé 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 a See Foreign Relations, 1901, page 462. * * may be taken by the Spanish Government in their reply to the protest of the consul-general. In the meantime, * ́ Ï think I had better receive from the Department instructions either to proceed directly through the ministry of state in this matter or to await further developments, as your judgment may decide. I have, etc., BELLAMY STORER. Mr. Storer to Mr. Hay. No. 642.] LEGATION OF THE UNITED STATES, Madrid, March 3, 1902. SIR: Continuing the report to the Department made by myself in my dispatch No. 634, bearing date February 26, 1902, concerning the action of the Spanish authorities in the case of Mr. Antonio Gisbert y Bayot, I have the honor to transmit herewith copy of an official letter received this morning from the consul-general at Barcelona. CONSULATE-GENERAL OF THE UNITED STATES. SIR: Referring to my letters of the 10th and 14th ultimo, relating to the case of enlistment in the Spanish army of Antonio Gisbert y Bayot, I have now the honor to report the receipt of two letters of the 27th and 28th February from the "Comision Mixta" of Barcelona, informing me that until Gisbert and his mother can show their actual place of residence on the 11th April, 1899, the date of ratification of the treaty of peace, the said Gisbert can not leave Barcelona without depositing 1,500 pesetas with the civil governor. Although Gisbert has diplomas and registers from the schools and colleges in Manila showing that he attended these colleges regularly between 1892 and March, 1900, and the certificate of registration issued by the United States military authorities in Manila to his mother and himself, his mother does not seem to be able to produce satisfactory evidence that she resided in Manila on the above-mentioned date. She sails to-day for Manila and will send from there the necessary proofs of residence to her son here, who expects they will reach him in time to get away in three months. I have, etc., JULIUS G. LAY. Mr. Hay to Mr. Storer. No. 423.] DEPARTMENT OF STATE, SIR: I inclose a copy of No. 208, of the 18th ultimo, from the United States consul-general at Barcelona. It appears from this dispatch that one Antonio Gisbert y Bayot, a native inhabitant of the Philippine Islands, presented on November 27 last to the consul-general a certificate of registration issued to him on January 1, 1900, by the United States military authorities at Manila. This certificate was viséed by the consul-general, and a certicate (Form A of the dispatch) was issued to Gisbert, stating that he 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.] No. 208.] Mr. Lay to the Department of State. CONSULATE-GENERAL OF THE UNITED STATES, SIR: 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 comply 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 to a 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 the decision of the local authorities in the case when received. This case is interesting as showing the attitude of the Spanish Government regarding the status of native inhabitants of the Philippine Islands temporarily residing here less than two years. I have, etc., JULIUS G. LAY, Consul-General. [Subinclosure.-Translation.] Certificate furnished by the consulate-general to Mr. Gisbert. This is to certify that Mr. Antonio Gisbert has to-day presented himself at this consulate-general, and, according to documents, is a native inhabitant of Manila, is under the protection of the United States, his present residence being at 85 Calle Bailen, of this city. JULIUS G. LAY, Consul-General of the United States. Signature of bearer: ANTONIO GISBERT. BARCELONA, November 27, 1901. Mr. Ilay to Mr. Sickles. No. 424.] DEPARTMENT OF STATE, Washington, March 18, 1902. SIR: I have to acknowledge the receipt of Mr. Storer's No. 634 of the 26th ultimo, reporting the case of Mr. Antonio Gisbert y Bayot, a native of the Philippine Islands, under the protection of the United States, who has been called by the military authorities for service in the Spanish army. You are referred to the Department's No. 423 of the 10th instant, which indicated a course to be pursued by the legation. I am, etc., Mr. Hay to Mr. Sickles. JOHN HAY. No. 427.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of Mr. Storer's No. 642, of the 3d instant, reporting the position assumed by the Spanish authorities in the case of Antonio Gisbert y Bayot. In reply I have to say that the Department is of opinion that it is perhaps not unreasonable for those authorities to require Mr. Gisbert to show the place of his residence on April 11, 1899, the date of the exchange of ratifications of the treaty of peace. As his mother has gone to Manila to obtain the necessary evidence, no further action seems to be required at this time. SIR: With reference to Department's instruction No. 423, bearing date March 10, concerning one Antonio Gisbert y Bayot, a native 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 I 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 month. I have, etc., [Inclosure.-Translation.] STANTON SICKLES. No. 4797.] Comision Mixta to United States Consul-General, 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 "Sección" 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 commandant 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 Doña 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: |