Mr. Stover to Mr. Hay.
Madrid, February 1, 1901.
Sir: I have the honor to report that one of the cases apprehended by me as likely to arise and create difficulty, as outlined in mv dispatch No. 363,a dated 20th December, 1900, seems to have arisen at Barcelona.
The consul-general communicates that a Cuban-born young man, bearing a Cuban passport issued by the military authorities of Cuba, as well as a certificate of identification and legal residence in Habana issued by the authorities of that city, was duly registered at the consulate-general, and his papers legalized according to Department’s circular of May 2, 1899.
In the drawing names for conscription into the Spanish army, which was held during the month of January, this Cuban, whose name is Benito Llavería y Pascual, was notified that his name was among those liable to be drawn for military service. Presenting himself at the commission charged with this official duty (la comision mixta de quintas) he showed his passport and certificate, which the secretary of the commission refused to look at or consider in any way. At his request the consul-general, on the 7th January, formally notified this commission of the fact above stated, giving full details and particulars. In response to this communication the consul-general received no answer until after the drawing of the names by lot for military service had been completed. Among those drawn for service was the name of this Cuban, Llavería y Pascual; and not until then did the commission answer the consul-general’s letter. A copy of their answer—if answer it may be called—together with a translation, I inclose as part of this dispatch.
The consul-general reported this matter to me immediately by telegram as follows:
Cuban subject Llavería impressed Spanish army. Bears Cuban passport issued military authorities Cuba. Has complied Article IX treaty of peace. Shall I protest local authorities? They know he is registered in consulate.
To which I replied as follows:
Protest formally against action regarding Cuban with passport and transmit full particulars to this legation.
Subsequently the consul-general forwarded me the copy of the letter of the commission that I have alluded to, with the information that he had followed my suggestions, and had formally, in writing, protested against the inclusion of this man in the military service of Spain. The date of this protest was January 23, 1901, and I have heard of no reply thereto.
I report this matter now, that the Department may have on its files the case, so far as yet it has developed itself, as it is possible I may be obliged to communicate in relation thereto by cable, which would not be understood were these papers not in Washington.
I have delayed bringing the matter, even unofficially, before the ministry of state, until either some official answer has been made by [Page 465] the commission to the consul-general, or until some overt act, more than has yet come to pass, may be threatened by the military authorities at Barcelona. It may be, of course, that the protest of the consul-general will be sufficient, and that the Spanish local authorities there will let the matter die out without any formal reply.
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I have, etc.,