File No. 353.117R33/6.
The American Chargé
d’Affaires to the Secretary of
State.
No. 136.]
American Legation,
Lisbon,
September 5, 1913.
Sir: Referring to Department’s instruction No.
29 of March 27, 1913, in regard to certain American citizens in the
Azores Islands in trouble with the Portuguese military authorities as
alleged refractories,
[Page 1301]
I have
the honor to enclose herewith a copy of a note with translation,
received from the Foreign Office informing me that the cases of
Francisco do Souto Correia and Francisco and Domingos Pereira have been
decided in their favor.
It should be observed that in this present Foreign Office note reference
is made to the note of August 2 and to the suggestions there made with
respect to American citizens and Portuguese service in the Azores.
In acknowledging the present Foreign Office note I expressed appreciation
for the favorable decisions. In the case of Correia it seems to have
been considerably a matter of good will toward the United States.
I have [etc.]
[Inclosure—Translation.]
The Minister for Foreign
Affairs to the American Chargé
d’Affaires.
Foreign Office,
Lisbon,
September 2, 1913.
Mr. Charge d’ Affaires: In my note of the
2d of last month, I had the honor to state to you the circumstances
of some of the claims presented to the authorities in the Azoresin
regard to military enlistment, and I called attention, on the one
hand, to the fact that many of the complaints received by the
American Consuls residing there are without any basis under the
terms of the treaty of May 7, 1908; and that, on the other hand, a
large number of young men regarded as Americans by United States law
would be spared much inconvenience if in due time they were led to
make before the proper municipality the declaration prescribed by
Portuguese law.
In your memorandum of April 19th, which summed up the conversations
you had with me on the subject, you cited the cases of Francisco do
Souto Correia and Francisco and Domingos Pereira. As I informed you
in my note of August 2d, the Ministry of War gave the necessary
orders in order that these cases should be specially looked into,
and I am now prepared to speak of them. The claim of Francisco and
Domingos Pereira was attended to, as I am informed by the military
commander of the Azores. With respect to Fransisco do Souto Correia
the necessary instructions were sent from Lisbon for him also to be
eliminated from military enlistment, but the circumstances of his
claim counsel me to call them to your attention.
The father of Francisco Correia was naturalized an American on May
12, 1887, and he declared before the municipality of the district of
Horta that Ids son had chosen American nationality. When he made
this declaration, however, he had lived at Fayal over nine years,
having consequently lost his new nationality under the terms of
Article 3 of the Treaty of 1908. In the strict interpretation of the
applicable provisions of the treaty, Francisco Correia is an
American, and orders have been given for him to be so considered.
But certainly you will agree that the claim presented by this young
man was of a nature to justify the doubts of the authorities in the
Azores, and all the more inasmuch as the complainants have the right
to appeal to the Ministry of War, where with greater authority
definite resolutions may be adopted.
In expressing to you the satisfaction the Government of the Republic
feels in giving a favorable solution to the cases specially cited in
your memorandum of April 19th, I beg to thank you for the kind
expressions with which you acknowledged my note of August 2d, and
its suggestions I trust will be cordially received by the American
Government.
I avail [etc.]
