File No. 353.117R33.
It appears that young Rezendes, or Cabral as he is known here, returned
to the Azores when about 15 months old, and contemplates returning to
the United States within one year. The Military Commission at Nordeste,
this island, have entered his name in the list for military service,
and, notwithstanding he presented a document proving birth at New
Bedford, Massachusetts,’ April 29, 1894, they took up this certificate
and refused absolutely to return it to him. They also on two occasions
refused to deliver it to me. However, after my conference with the Civil
Governor and Colonel Pacheco, presiding officer of the Central Military
Commission, referred to in my despatch to the Legation, and in response
to a telegraphic request therefor, the certificate was returned today in
registered mail, and it bears evidence of many erasures on its reverse
side.
In my despatch to the Minister I have requested that appropriate action
be taken to definitely settle the status here of American-born children,
[as] it appears Portugal does not admit our claim that nativity
establishes citizenship; and if this question might be definitely
settled I am sure it will remove a cause of much friction. I also
believe that it might be well to take up with Portugal the matter of
children born in the Azores to naturalized American citizens, that their
status may be established, for I am creditably [sic] informed—I hope to
be able to forward the evidence in the near future—that the names of
young men to whom I have issued emergency passports are still on their
military enrollment list, and
[Page 1291]
they are considered refractories, to be punished should they ever
return to the Azores; and, further, as refractories, their leaving the
Azores puts a cloud on any real estate they may inherit.
The correspondence between this office and the island of San Jorge, Pico,
Flores and Corvo is voluminous, and every mail brings letters beseeching
me to issue some form of certificate in Portuguese that will satisfy the
local military commission that their boys emigrated legally on American
passports, and that they are American citizens under our laws.
I shall endeavor in the near future to present this matter to the
Department with evidence showing the true situation here, and at that
time will submit a form of certificate for the Department’s
consideration.
In closing I beg to state that in the case of Rezendes the matter does
not come within the scope of the powers of the Civil Governor; it is a
military condition, and were it not, there would be no necessity for
this or my despatch to our Minister.
[Inclosure.]
The American Consul at St.
Michael’s to the American Minister
to Portugal.
No. 145.]
American Consulate,
St. Michael’s,
October 15, 1912.
Sir: I have the honor to invite your
attention to the enclosed copy of the registration of Antonio Cabral
Rezendes, and to advise you that I this day have accepted his
application for a Department passport, as he intends to go to the
United States within one year.
It appears that Rezendes was born at New Bedford, Massachusetts, of
Portuguese parents, April 24, 1894, and since the fall of 1895 has
resided in the district of Nordeste, this island. The Military
Commission at Nordeste, it appears, have entered this boy’s name on
the list for military service, and did so notwithstanding the fact
that the boy claimed American citizenship by birth and produced a
copy of the church record, a certificate under the seal of St. John
the Baptist Church and the signature of its pastor, Rev. Joaquim G.
Cardozo.
During the month of August Rezendes appeared at this Consulate and
requested registration as an American citizen, which was refused
pending his identification and a document proving birth in the
United States. He then alleged that his birth certificate was taken
up and retained by the secretary of the Military Commission, and
that he, the secretary, refused to return it to him. I then
communicated with the secretary, Manuel Bento Pacheco, and requested
the return of the certificate to this office, which request was
politely refused. However, he did send a copy of it certified by the
Commission’s seal and his own signature; upon which I have
recognized Rezendes as an American citizen. In the accompanying
letter the secretary states that Antonio Cabral Rezendes—Antonio
Cabral as he is known here—is considered a Portuguese citizen by law and that his name cannot be eliminated
from the list.
Under date of October 4, 1912, I again communicated with this
secretary and sent a letter of which the following is an exact
copy1, to wit:
San Miguel, Açores., October 4, 1912.
His Excellency Manuel Bento
Pacheco,
Secretary of the Military Census
Commission, Northeastern Council, San Miguel,
Açores.
Your Excellency:
I have before me the kind note of your excellency, No. 48,
under date of the 2d instant, relating to the case of
Antonio Cabral, which note I read with great care and
interest.
For your excellency’s information permit me to say that one
of the fundamental bases of the Constitution of the United
States of America is that every and any individual who is
born within the boundaries of the United States or their
territories is an American citizen and as such is entitled
to the most ample protection which my Government can
[Page 1292]
afford him, when
he happens to ask for it. This basis of our Constitution is
recognized internationally, including Portugal, both by the
Monarchy and the Republic; and I, as a representative of the
United States Government in the Azores, respectfully protest
against the censusing of an American citizen to serve the
Portuguese Republic against his will.
I have the honor to request your excellency, or whoever may
consider it to be in his power, to return to this Consulate
the original certificate referred to in your excellency’s
note; and on this same date I am summoning Antonio Cabral to
report here.
By virtue of our laws Antonio Cabral has, until he arrives at
the age of 21 years, the privilege of declaring his
nationality; and if he makes a declaration in my presence
that he desires to be recognized as an American citizen, and
proves that he was born in the United States, a document
will be issued to him recognizing him as an American
citizen. Upon this document being presented to your
excellency I hope that the name of Antonio Cabral will be
eliminated from the list of military service.
I sincerely hope that this matter will be settled amicably,
without the necessity of resorting to our Legation at
Lisbon.
I have [etc.]
E. A. Creevey, American Consul.
to which he replied as follows:1
Service of the Republic.
No. 49.]
His Excellency the U. S. Consul at
Ponta Delgada:
I acknowledge the receipt of the letter which your excellency
sent me under the date of the 4th instant, and in regard to
the same I will inform you that as I have no authority under
the law to do anything but authenticate the acts of the
Commission of which I am secretary and take all the notes
and information presented to me regarding the census service
in order to submit them to the action of the said
Commission, it is not within my legal powers to eliminate or
enter any youth from the military census, this being the
duty of the said Commission and the other authorities
designated by the law.
I will furthermore inform your excellency that as such
service in this district is in charge of his excellency the
Head of the Recruiting District No. 26 with headquarters in
this city, I am sending to him all the documents relating to
the case of Antonio Cabral da Lomba da Feteira of the parish
of Achada of this Council, with whom your excellency may
reach an understanding in the matter.
Health and fraternity,
Manoel Bento Pacheco,
Secretary of the Commission.
Hall of the Commission of Military
Census of the Northeastern Council, October 11, 1912.
At an informal conference this morning with his excellency the Civil
Governor and Colonel Pacheco, it was very apparent that the Colonel
felt that the Commission’s action was supported by Portuguese law,
and for that reason was unwilling to admit my claim that Rezendes is
an American citizen and as such his name should be eliminated from
their list. And the Colonel further stated that Rezendes had
voluntarily asked that his name be entered, which statement I
believe is open to argument.
After two hours examination of Rezendes I am satisfied the boy did
not voluntarily ask that his name be put upon the list, although he
did voluntarily call upon the secretary, when he made the claim of
American citizenship and produced a copy of his birth record.
However, it is immaterial whether he submitted voluntarily to a
military examination or not. If he did, this cannot, it seems to me,
be regarded as abandonment of citizenship. On the ground that he was
born in the United States and has been identified and the secretary
attest [sic] this fact, I maintain the young man is entitled to
recognition as an American citizen and that his name should be
eliminated from the military list; and further that his certificate
of birth, being an American document, should be returned to him.
This matter is respectfully submitted for your consideration and
appropriate action; and I cannot too strongly recommend that this
entire matter be definitely settled. I shall appreciate being
advised of the decision made in this case.
I have [etc.]
