In compliance with a resolution of the Senate of July 28, 1866, correspondence between the government of the United States and the governments of France and Prussia, touching the claim to military service asserted by those governments in reference to persons born in those countries, but who have since become naturalized under the laws of the United States. MARCH 11, 1867.-Read and referred to the Committee on Foreign Relations. To the Senate of the United States: I transmit to the Senate, in answer to their resolution of the 28th of July last, a report from the Secretary of State, with accompanying documents. WASHINGTON, March 11, 1867. ANDREW JOHNSON. DEPARTMENT OF STATE, Washington, February 25, 1867. The Secretary of State, to whom was referred the resolution of the Senate of the 28th of July last,.requesting the President, "if not, in his opinion, incompatible with the public interest, to transmit to the Senate copies of all correspondence not heretofore published between the government of the United States and the governments of France and Prussia, since March 4, 1857, touching the claim to the military service asserted by those governments in reference to persons born in those countries, but who have since become naturalized under the laws of the United States," has the honor to lay before the President the papers specified in the accompanying list. The PRESIDent. WILLIAM H. SEWARD. LIST OF ACCOMPANYING PAPERS. France. Mr. Cass to Mr. Mason, No. 189, with an enclosure.... Mr. Mason to Mr. Cass, No. 407, (extract,) with an enclosure.. Aug. Mr. Faulkner to Mr. Cass, No. 9, with enclosures. Mr. Faulkner to Mr. Cass, No. 17, with an enclosure.. .June 27, 1859. 2, 1859. ..Dec. 6, 1859. ..Dec. 31, 1859. .March 14, 1860. .March 30, 1860. . April 7, 1860. May 7, 1860. Mr. Faulkner to Mr. Cass, No. 23... . May .June 23, 1860. 16, 1860. Aug. 16, 1860. 25, 1860 17, 1860. Mr. Faulkner to Mr. Cass, No. 27, with enclosures.. Mr. Dayton to Mr. Seward, No. 153, with enclosures. Mr. Bigelow to Mr. Seward, No. 395, with enclosures. Prussia. . Oct. 3, 1860. 30, 1862. April 13, 1866. April 14, 1866. April 27, 1866. April 28, 1866. May 7, 1866. 22, 1866. .Dec. Mr. Wright to Mr. Cass, No. 32, (extract,) with enclosures....Aug. 7, 1858. 12, 1859. May .Aug. Mr. Wright to Mr. Cass, No. 120, (extract).... Mr. Wright to Mr. Cass, No. 145, (extract) ... .Aug. 20, 1860. Aug. 7, 1860. 16, 1860. 17, 1860. Mr. Wright to Mr. Cass. No. 147, (extract). Mr. Judd to Mr. Seward, No. 6, (extract,) with enclosures....Aug. ... Sep. 3, 1861. 30, 1861. Mr. Judd to Mr. Seward, No. 76, with an enclosure. Mr. Judd to Mr. Seward, No. 78, (extract,) with enclosures...Feb. .March 10, 1862. .April 3, 1862. Mr. Judd to Mr. Seward, No. 20, (extract,) with enclosures... March 14, 1862. 19, 1862. 6, 1862. ....July 21, 1862. 6, 1862. 4, 1862. 8, 1862. ..Sept. Mr. Judd to Mr. Seward, No. 31, (extract)... Mr. Judd to Mr. Seward, No. 38, with an enclosure... Mr. Judd to Mr. Seward, No. 40, (extract,) with enclosures... Feb. Mr. Seward to Mr. Judd, No. 49, (extract).. Mr. Seward to Mr. Judd, No. 54.. .Dec. 20, 1862. 2, 1863. 7, 1863. ..July 20, 1863. Aug. 11, 1863. Aug. 29, 1863. Mr. Kreismann to Mr. Seward, No. 6, (extract,) with enclosure.July Mr. Seward to Mr. Kreismann, No. 2, (extract). Mr. Kreismann to Mr. Seward, No. 13 Mr. Kreismann to Mr. Seward, No. 17, (extract) Mr. Judd to Mr. Seward, No. 64, (extract,) with enclosures.. Mr. Hunter to Mr. Judd, No. 92.... Mr. Judd to Mr. Seward, No. 103, with an enclosure. .Aug. Mr. Judd to Mr. Seward, No. 115, (extract,) with an enclosure. Aug. .Nov. ..Dec. 9, 1865. 30, 1865. 11, 1865. 16, 1865. 25, 1865. 15, 1865. 2, 1865. 16, 1865. 25, 1866. .Feb. 16, 1866. ..March 21, 1866. Mr. Wright to Mr. Seward, No. 12, (extract,) with an enclosure. Dec. Mr. Seward to Mr. Wright, No. 28. . April 9, 1866. Mr. Wright to Mr. Seward, No. 28, (extract,) with enclosures.. April 18, 1866. Mr. Seward to Mr. Wright, No. 29, (extract) .April 25, 1866. Mr. Wright to Mr. Seward, No. 35, (extract,) with an enclosure.June 7, 1866. Mr. Wright to Mr. Seward, No. 38, (extract) ..April 29, 1866. ..May S, 1866. ...June 21, 1866. Mr. Wright to Mr. Seward, No. 39, (extract,) with enclosures..June 28, 1866. Mr. Seward to Mr. Wright, No. 40, with an enclosure.. Mr. F. W. Seward to Mr. Wright, No. 45, with an enclosure..Sept. 22, 1866. Sept. 24, 1866. 22, 1866. 29, 1866. 12, 1866. No. 189.] FRANCE. Mr. Cass to Mr. Mason. DEPARTMENT OF STATE, Washington, June 27, 1859. SIR: It is very desirable for this department to possess valuable information concerning the provisions of the French conscription laws relating to American naturalized citizens born in France who may at any time revisit their native country; you are therefore requested, as soon as you can conveniently, to procure and transmit such information. Does the French law under any circumstances require a native-born citizen naturalized in the United States, to serve in the army in case of his return to France? You are particularly desired to transmit the most precise information upon this point. You will see by the enclosed copy of a letter from this department to Mr. Hofer, that the condition of American naturalized citizens abroad has been brought to the attention of the government, and that its views have been distinctly stated. This government maintains the right of expatriation and naturalization; and maintains, also, that if a foreign-born citizen naturalized here returns to his native country, he is not liable to any military duty, except such as was actually due, and which he had been called upon to perform before his emigration. In any communication you may have with the minister of foreign affairs upon this subject, you will make known to him these views of the United States, Should any of our naturalized citizens be called upon to render military service, you will make yourself acquainted with the circumstances, and if the case comes within the principle I have stated, you will, in firm but temperate language, demand the release of the party, and I feel confident the demand will be complied with. If, however, the service is required because it was commenced before emigration, you will represent to the minister the hope of this government that the person may be discharged, as much ignorance prevails in this country respecting the operation of the French law in those cases, and they must be so rare that penal measures in relation to them cannot be of any importance. I will thank you also to inform me whether by the French law naturalization in a foreign country is a right which a native-born citizen of France may exercise at pleasure, without the authorization of the government. SIR: In answer to your letter of the 6th instant, I have to inform you that the brief letter from this department to which you refer, dated the 17th of May last, and addressed to Mr. Felix Le Clerc, was in reply to an application for information, and was principally intended to recommend caution to our naturalized fellow-citizens, natives of France, in returning to that country, as the operations of the French conscription law were not precisely known here, and might bear injuriously upon that class of American citizens. Most of the continental European nations have a system of military organization by which their citizens are compelled to serve in the army by conscription, as in France, where the duty is designated by lot or by draft, or in Prussia, where every person is required to take his turn as a soldier. The condition of American naturalized citizens returning to their native country, where the system of compulsory service prevails, and who had left before performing such service, has frequently been the subject of discussion with some of the European powers. Quite recently it has arisen between the United States and Prussia, and the representative of this country at the court of Berlin has brought the matter to the attention of the Prussian government. In the instructions which were sent to him, dated May 12, 1859, it was explicitly stated that this government is opposed to the doctrine of perpetual allegiance, and maintains the right of expatriation and the right to form new political ties elsewhere. Upon this subject it is observed, that in this age of the world the idea of controlling the citizen in the choice of a home, and binding him by a mere political theory to inhabit for his lifetime a country which he desires to leave, can hardly be entertained by any government whatever. The position of the United States, as communicated to the minister at Berlin for the information of the Prussian government, is that native-born Prussians naturalized in the United States and returning to the country of their birth, are not liable to any duties or penalties, except such as were existing at the period of their emigration. If at that time they were in the army, or actually called into it, such emigration and naturalization do not exempt them from the legal penalty which they incurred by their desertion; but this penalty may be enforced against them whenever they shall voluntarily place themselves within the local jurisdiction of their native country, and shall be proceeded against according to law. But when no present liabilities exist against them at the period of their emigration, the law of nations, in the opinion of this government, gives no right to any country to interfere with naturalized American citizens, and the attempt to do so would be considered an act unjust in itself and unfriendly towards the United States. This question cannot of course arise in the case of a naturalized citizen who remains in the United States. It is only when he voluntarily returns to his native country, that its local laws can be enforced against him. SIR: In executing your instruction contained in your No. 189, I have found it necessary to address the minister of foreign affairs a note, of which I herewith enclose a copy. It will probably be some time before I receive a reply, and therefore it seems to me proper, without delay, to communicate the form in which I have made the inquiry. I cannot anticipate the answer. But there is no doubt that the French law recognizes the right of a Frenchman to lose his French nationality. This may be done by "naturalization in a foreign country." (See chapter 2, book 1, of the 57 codes of 1856, title "De la privation des droits civils.") I can express no confident opinion as to the acknowledgment of the right of expatriation without authorization of the government. In practice no such authority is required, but the government may not acknowledge the natural right. It is not in my power, in the absence of the minister's answer, to state authentically the present condition of the law. As soon as I am favored with a reply to my note to Count Walewski, I will lose no time in again addressing the department on the subject, which is deeply interesting. |