No. 9.] Mr. Faulkner to Mr. Cass. LEGATION OF THE UNITED STATES, Paris, March 14, 1860. SIR: I received on the 8th of this month, from Mr. Thouvenel, minister of foreign affairs, a letter in reply to one addressed to him by Mr. Calhoun on the 21st ultimo, relative to the case of Michael Zeiter, a native of France and a naturalized citizen of the United States, a copy of which letter I herewith forward to you. Michael Zeiter has never at any time been in correspondence with this legation, nor has he ever made any direct appeal to it for relief. His letters have been addressed to Mr. Spencer, the American consul at this place, who, like me, is at this moment entirely ignorant of his present condition, as will more fully appear by my correspondence with him accompanying this despatch, to which I respectfully refer you. As the information now sought by me through the American consul may impart to this case a character of no little interest and importance, I take the liberty of inviting your attention to it at this early moment. It is clear, from the facts disclosed in the letter of Mr. Thouvenel, that Zeiter is an American citizen, entitled to the prompt and decided interposition of his government, if it shall prove upon inquiry that he is now performing compulsory service in the French army; and the fact relied upon by Mr. Thouvenel of his enrolment in 1850, ten years prior to the consummation of his rights as an American citizen, as depriving him of a rightful claim to our protection, is a position which I apprehend will not be acquiesced in by the government of the United States. It seems that Zeiter was born in France on the 14th of May, 1830; that he emigrated from his native country in 1846, when but 16 years of age, and, consequently, four years before he had attained to that age which subjects a young man, by the laws of France, to the compulsory performance of military ser vice. (See "Loi sur le recrutement de l'armée promulguée, le 21 Mars, 1832, Codes 1856, p. 712.") Notwithstanding he was thus absent from France, his name was enrolled in 1850 in his commune, as one from among whom the contingent for the army was to be filled. Learning prior to the "trage" that he had four years before left the country, his name was erased from the registry. Upon his return, however, in 1859, his name was again inscribed upon the roll. It is understood that the "tirage" for that commune was fixed for the 25th of February last; but what its result has been, so far as Zeiter is concerned, I have no information. He may have been so fortunate in his drawing as to escape the conscription; and if so, both he and his government will be saved some trouble. We have no article in any of our treaties with France similar to those contained in our conventions with Hanover and Prussia, and which in such clear and explicit terms guarantee the personal rights of American citizens residing in those countries, and which provisions were quoted and used by you with such conclusive effect in aid of your general reasoning on that subject in the cases of the naturalized citizens who were sought to be subjected to military service in those two kingdoms a few years ago. Should I be so fortunate as to negotiate a treaty with France, it would be advisable, if possible, to have those articles incorporated (inter alia) among its provisions. I shall avail myself of an early occasion, in a letter to Mr. Thouvenel, (whether the case of Zeiter shall assume a form for my practical interposition or not,) to review the communication of Count Walewski to Mr. Calhoun of the 25th of November last, and, in a concise explanation of the fixed policy of my government, to show wherein Count Walewski has misconceived the views of my predecessor, Mr. Mason, and also the views entertained by the government of the United States on this subject. I am fully aware of the extreme delicacy of the questions which may arise in the case of Zeiter, involving, as they do, not simply a conflict between the municipal law of sovereign and independent nations, but antagonistical theories in respect to those rights which attach to man in a condition of society, and which form the respective bases of free and despotic governments. In truth, there cannot, in the nature of things, be any solution of such difficulties but in an open appeal to arms, or in that spirit of international courtesy and forbearance which prompts concessions for the sake of peace. They present, therefore, a class of cases in the highest degree proper for conventional arrangement among nations, or for wise and discreet diplomatic action, where no treaties bearing on that point exist between two countries. I am also aware with what little favor a proud and powerful military government like France will look upon doctrines which sap the foundations upon which her vast military organization now reposes. And yet, I take it for granted that it is your wish that I shall, in firm and decided terms, bring to the knowledge of the French government the principles to which we stand pledged on this subject, and also to state, without reserve, the obligations of protection which we recognize as resulting from our system of naturalization. And, should a case proper for my interposition occur, you will no doubt expect me to enforce and vindicate the clearly announced views and policy of my government to the full extent of the powers vested in me as the representative of my country. I am, very respectfully, your obedient servant, Hon. LEWIS CASS, CHAS. J. FAULKNER. Secretary of State. Mr. Calhoun to Mr. Thouvenel. LEGATION OF THE UNITED STATES, MONSIEUR LE MINISTRE: The consul of the United States has forwarded to me a letter addressed to him, a copy of which I have the honor herewith to enclose. The case of Mr. Michael Zeiter is urgent, as the tirage takes place on the 25th instant, and I am in haste to invoke the interference of his Majesty's government, if it comports with your excellency's views. The principles involved are of serious interest to the government of the United States, and on another occasion I shall have the honor to renew the subject. With renewed assurances, &c., &c., His Excellency Mr. THOUVENEL, Minister of Foreign Affairs. W. R. CALHOUN. Mr. Thouvenel to Mr. Faulkner. [Translation.] PARIS, March 6, 1860. : SIR By a letter under date 21st February last Mr. Calhoun called my attention to a reclamation raised by Mr. Michael Zeiter, naturalized American citizen, against his inscription in France on the list of men required to draw lots to form the contingent of the year. Monsieur the minister of the interior, to whom I took care to write on the subject of this affair, has just informed me of the circumstances by reason of which Mr. Zeiter finds himself subjected to the recruitment law. This person, born at Uhrwiller the 14th May, 1830, was placed, in 1850, on the recruitment lists of this commune, but his existence not being notorious, seeing that he had left the country in 1846, he was struck off before the operation of drawing lots, and it was only when he was seen, on his return to Uhrwiller in 1859, that he was inscribed in the list of 1859, as omitted from the class of 1852. The certificate of naturalization in the United States is of the 27th October, 1852-that is to say, posterior to the obligations which his character of French man imposed upon him in 1850, 1851. Mr. Zeiter cannot, then, rely on his title of foreigner to demand his being stricken off from the recruitment list of 1859, in which he figures as a conscript of 1850; and you will comprehend, Monsieur Minister, that Monsieur le ministre of the interior could not entertain his reclamation. He has in consequence been retained in the contingent of his commune, and the council of revision, to which appeal is open to him, will decide definitively. Accept the assurance of the high consideration with which I have the honor to be, Mr. Minister, your very humble and very obedient servant, THOUVENEL. Mr. Faulkner to Mr. Spencer. LEGATION OF the United States, DEAR SIR: I have to-day received a letter from Mr. Thouvenel, minister of foreign affairs, in reply to one addressed to him, on the 21st of February last, by Mr. Calhoun, relative to the case of Michael Zeiter, a native of France and a naturalized citizen of the United States, who, it would seem, is at this time held subject to the performance of military duty by the French government. As no direct appeal has ever been made by Mr. Zeiter to this legation, and as all the information which it has acquired of the facts of his case has been received through you, you will oblige me by informing me what the precise condition of the demand of the French government is at this time upon him. Is Zeiter actually enrolled and now performing military duty in the French army? or, has his name, without any invasion of his rights of personal liberty, been simply placed upon the list of those who are required to draw lots to form the contingent of the army for the present year? Has the tirage au sort already taken place? If so, has the burden of military service fallen upon Zeiter, or has he escaped the service by the intervention of his own good fortune? Have you heard from him at all since the tirage au sort? Please inform me on all these points, that I may determine upon the course which my duty may require me to take in his case. Very truly, your obedient servant, HENRY M. SPEncer, Esq., American Consul at Paris. CHARLES J. FAULKNER. Mr. Spencer to Mr. Faulkner. UNITED STATES CONSULATE, Paris, March 12, 1860. DEAR SIR: I have the honor to acknowledge the receipt of your communication under date of the 8th instant, relative to the case of Michael Zeiter. As I am ignorant of the result of the tirage au sort which took place some weeks since, not having heard from Zeiter since it took place, I have written to him again upon the subject; and so soon as I receive his reply, I will have the honor of addressing you an official communication, giving you all the particulars you ask for. Respectfully and truly, your obedient servant, Mr. CHARLES J. FAULKNER, HENRY W. SPENCER. American Minister at Paris. Mr. Faulkner to Mr. Cass. No. 15.] LEGATION OF THE UNITED STATES, SIR: Being desirous of placing you in possession of all the facts and circumstances connected with the case of Michael Zeiter, as they transpire, I herewith send you a copy of a letter, bearing date the 16th of March, 1860, addressed by Zeiter to the American consul at this place, in reply to an inquiry which I requested the consul to make of him as to the present condition of the claim of the French government upon him for military service. I also herewith send you a copy of a letter addressed by me to Zeiter, on the 20th day of the present month. I have as yet received no information of any decision made by the Conseil de Revision upon his case, nor have I heard from him since the date of his letters to the American consul. I am, very respectfully, your obedient servant, On the 25th February I repaired to the chief town of the canton, where the draft was to take place, not to see my name drawn, but to have it erased from the enrolled list. Though I had often asked to have it struck off, I was not certain whether it had been done or not. I saw the sub-prefect of the district, who told me my name was still on the list, and that I would be compelled to draw, or the mayor would draw for me. Thus I was forced to stand the chance of being drafted. But before drawing, I again protested against my enrolment, because I was proved to be an American citizen by my certificate, then in the sub-prefect's hands. That magistrate informed me I must draw, whether I was exempt or not; and that the appeal board would decide my case afterwards. If I was drafted, the tribunal of first instance would give a judgment upon my identity and American nationality, and a copy of that judgment must be sent by me to the president of the council of revision, for final decision. According to the order of the sub-prefect I drew; No. 20 fell to my lot; I then went to the canton town to get the judgment. My papers were in Strasburg. I asked the subprefect to send for them, to be used by a lawyer in Wissembourg in my case. The lawyer whom I consulted in February advised me to go to the chief town of the district, where I went the day before yesterday, the 14th of March. My certificate and passport were there, and the sub-prefect allowed my lawyer to take copies of them to be used in the suit. The lawyer did not tell me if he wanted my consular certificate; but I thought it would be of use in the preliminary trial. I can furnish with an authentic copy of all my papers. * you * * United States CONSUL in Paris. * * * * * MICHAEL ZEITER. Mr. Faulkner to Mr. Zeiter. LEGATION OF THE UNITED STATES, Paris, March 20, 1860. DEAR SIR: Mr. Spencer, the American consul at this place, has to-day transmitted to me your letter to him of the 16th instant. I am much pained to learn the difficulty in which you have become involved, and yet I hope that the conseil de revision will afford you an early liberation from the anxieties which now disturb you. The facts show very satisfactorily that you are a citizen of the United States, entitled to the sympathy and protection of that parental and powerful government; and that sympathy and protection you, and all others similarly situated, shall receive so long as I have the honor to be its representative at this court. I would, nevertheless, advise you to continue the prosecution of the appeal which you have already taken, and which is now pending before the conseil de revision. Should that tribunal decide in favor of your exemption from service in the French army, there will be an end of the case, so far as you are concerned. If it shall decide to retain you as a conscript, in defiance of your protest to the contrary, I wish you to give me the earliest information of its judgment. I still cherish the hope that the conseil de revision will lend a prompt and favorable ear to your protest; that it will recognize you in your true character of an American citizen, and thus save me from the necessity of demanding, in the name of my country, your discharge from a service which ought not to be required of you. I am, very truly and respectfully, yours, Mr. MICHAEL Zeiter. CHARLES J. FAULKNER, Mr. Faulkner to Mr. Cass. No. 17.] LEGATION OF THE UNITED STATES, SIR: In a former despatch I announced to you my intention at some early day to review Count Walewski's letter of the 25th of November last, and to present to the present minister of foreign affairs a brief exposition of the views of the government of the United States on the question of naturalization. In fulfilment of that purpose, I addressed to Mr. Thouvenel the letter the copy of which accompanies this despatch. Hoping that the exposition here made may meet your approval, Hon. LEWIS CASS, Secretary of State. CHARLES J. FAULKNER. |