File No. 88919.
Minister Bryan to
the Secretary of State.
American Legation,
Lisbon, December 20,
1909.
No. 576.]
Sir: Referring to my 574 of December 14, 1909,
relative to the arrest and detention for nonperformance of military
service of Antonio Nunes, a minor son of a naturalized American citizen,
I have the honor to inclose herewith a copy and a translation of a note
from the foreign minister, dated December 13, 1909, in reply to my note
of the 10th instant, a copy of which was inclosed with my aforementioned
dispatch.
Owing to the ministerial crisis I have been unable to further discuss the
case with the Portuguese authorities. As soon as the new minister for
the foreign affairs is appointed I shall take up the case with him.
I have, etc.,
[Inclosure—Translation.]
The Minister for Foreign
Affairs to Minister Bryan.
Foreign Office,
Lisbon, December 13,
1909.
Excellency: I gave immediate attention to
the note which your excellency did me the honor to direct on the
10th instant, relative to the matter of the imprisonment in the
Azores for nonperformance of military service of a son of the
naturalized American citizen, Antonio S. Nunes. In order that the
necessary details may be asked from the competent department
I have to request your excellency to give me the name of the
youth.
Your excellency knows beforehand that I shall endeavor to have your
excellency’s claim considered in the most benevolent manner, but I
can not conceal from your excellency that at first sight it does not
appear to be in condition to be favorably settled by His Majesty’s
Government.
If it is true that it is the question of a minor son of a Portuguese,
who has become a naturalized American, a class of persons not
mentioned in the convention of May 7, 1908, His Majesty’s Government
could not help respecting the stipulations of section 2 of article
22 of the Portuguese Civil Code, according to which the minor
children of a Portuguese naturalized a foreigner, born before his
naturalization, do not lose ipso facto their nationality as
Portuguese.
As soon as I receive the name and any other information which your
excellency can furnish me I shall submit the subject to the
competent department, and, as I have said, your excellency can rest
assured that, within the limits of the law, I shall endeavor that
your excellency’s claim be considered in a less unfavorable
spirit.
I avail, etc.,