Mr. Hay to Mr. Storer.
Washington, April 8, 1901.
Sir: I have to acknowledge the receipt of your No. 432, of the 16th ultimo, in regard to the case of Mr. Benito Llavería Pascual, who has been called on to perform military service in Spain.
It appears from the inclosures in your dispatch that Mr. Llavería was born in Habana, Cuba, in 1875; that he went to Barcelona, Spain, in 1895, where his father had been residing for at least three years; that he returned to Cuba April 1, 1898, and again left Habana for Spain in June, 1899, having previously obtained a passport from the authorities of the island. He was also registered in the office of the United States consul at Barcelona as a Cuban citizen.
The Spanish authorities state that Mr. Llaveria was subject to enlistment in the Spanish army, and was included in the enlistment of March, 1898, at which time his father had been for three years a resident of Barcelona, and young Llaveria a resident there for four months; that at that time Llaveria was a Spaniard (having been born on Spanish territory), and that he is liable to military service even on the hypothesis that he at present no longer retains his Spanish nationality as the loss of such nationality after the date when he should legally have performed the service can not exempt him from fulfillment of the obligation which he was under.
If, under the Spanish law, Mr. Llaveria was liable to military service when he was enrolled in March, 1898, the Department is inclined to think that the Spanish view is correct. A Subsequent change of nationality would not operate to discharge the obligation. You may examine this question.
The Department’s circular of May 2, 1899, only authorizes our diplomatic and consular officers to exercise good offices for the protection of “native inhabitants of Cuba temporarily residing abroad.” The consul at Barcelona has protested against the action of the Spanish authorities in this case.
The Department will therefore take no further action on it until it shall have received a report from you on the point above referred to.
I am, etc.,