This first point easily attained, as I hope, I shall request you to be
pleased to address to the governors of the States, as well as to all
other functionaries to whom you may judge it proper to do so, a copy of
my circular, and to indicate that the principles on which it is founded
have been acknowledged to be just by the government of the United
States, and that consequently the certificates issued by our consuls,
agreeably to the request which I make of them, are to be considered in
the proper quarter as a priori an
incontrovertible proof of the nationality of the bearer, and
consequently of his right to escape all the effects of the law of
conscription.
I have adverted, in concluding, to the question relative to those
foreigners who are settled in one of the States, whose peculiar
legislation admits them to the right of voting even when they have only
made a first declaration with a view of obtaining American
naturalization. It is not for me to estimate how far such a provision
does or does not put the legislation of those States in conflict with
the federal laws in regard to naturalization, but merely to regard the
question from the stand-point of its practical effects; and while
maintaining that the fact of voting under such circumstances does not
entail upon a Frenchman the loss of his nationality, I think I have
reached a conclusion which is equitable in behalf of my countrymen, and
yet perfectly conformable to the theory and practice of the federal
government in regard to this matter.
A Frenchman, in our view, could only lose his nationality derived from
origin in the contingencies provided by our legislation, such as
naturalization in a foreign country, or the acceptance of certain public
functions without the authority of the Emperor.
I embrace this opportunity, sir, to renew to you the assurances of my
high consideration.
Hon. William H. Seward, &c., &c.,
&c.
Draft of a circular to be addressed by the
legation to the consuls of France in the United
States.
[Translation.]
Legation of France in the United
States, Washington,
October 31, 1862.
Sir: The system of conscription which has
just been put in force in the United States being of a character to
give rise to certain questions as to the nationality of foreigners
by birth or by origin, it has seemed to me essential, for the sake
of our countrymen residing in this country, and in order to prevent
any conflict with the local authorities, to settle categorically who
among the persons that may have recourse to your intervention should
of right remain exempt from service in the American armies, and for
this purpose it will suffice to settle summarily who they are, among
those persons, that have, in the terms of our [Page 810] legislation, preserved intact the
French nationality. In fact, there is no principle more clearly
defined by the law of nations than that, according to which the
unnaturalized foreigner owes no military service to the country in
which he may temporarily have taken up his residence. The Federal
government has less than any other disputed this principle; on the
contrary, it has affirmed it on more than one occasion, as well in
its declarations to, as in its relations with, other powers.
The following persons are Frenchmen, and from that fact should be
exempted from military service in the United States:
1st. Frenchmen born in Francey, or naturalized Frenchman who have
preserved their quality intact, whatever may have been the duration
of their sojourn in this country.
2d. Frenchmen by birth or by the fact of naturalization who have made
a first declaration of intention to become citizens of the United
States, but who have never taken out letters of naturalization.
3d. The minor sons, born in France or in foreign countries, who are
the issue of the above individuals.
4th. The minor sons, even those born in this country, of French
parents who are naturalized Americans, if they were born before the
naturalization of their father.
5th. The minor sons of unnaturalized Frenchmen who, born in this
country, have done no act at the period of or since their majority
which could be interpreted us a choice by them of American
nationality, such as participating in the popular vote, forming part
of the jury, or any other act for the performance of which the
quality of a citizen is requisite.
6th. The preceding article applies equally to the major sons of
naturalized Frenchmen, if they were born before the naturalization
of their parents.
7th. Those major sons of Frenchmen naturalized as Americans who were
born in the United States after the naturalization of their fathers,
if they prove that they have recovered French nationality by
complying with the formalities which are requisite to this
effect.
8th. The major sons of foreigners who were born in France, if they
prove that they have claimed the quality of a Frenchman and have
conformed to the requirements of the law within the year that
followed their majority.
9th. The preceding article applies equally to the children of a
foreigner naturalized as a Frenchman, although they were born in a
foreign country, if they were minors at the time of the
naturalization of their parents.
10 th. The children born in France or in a foreign country of a
foreigner naturalized as a Frenchman, who were majors at the period
of that naturalization, if, taking advantage of the benefits of the
law, they have claimed and obtained the quality of a Frenchman
within the year which followed that of said naturalization.
Consequently, all Frenchmen included in the above-mentioned classes
who shall be prepared to furnish the proofs thereof, and who shall
declare under oath that they have performed no act of a character to
make them lose their nationality derived from origin, shall retain
all their rights to the protection of the Emperor’s agents, and I
therefore request you to issue to them without delay a certificate
in conformity to the model hereto annexed.
The presentation of this certificate should suffice to suspend the
action of the American authorities who are charged with the
recruitment, so far as it may have begun to be exercised against any
of these Frenchmen; and in case those authorities should deem it
their duty to take no notice thereof, I request you to inform me of
the fact immediately, in order that I may prepare to report the same
directly to the government of the United States.
Finally, circumstances might be presented in which the scrupulousness
of the French agent would have been surprised by the presentation of
incorrect [Page 811] documents or by
the taking of a false oath; I need scarcely tell you that you should
receive on the spot, as I would myself receive them at Washington,
in a spirit of impartial equity, the proofs which in this regard
might be offered to us by the American authorities.
There is one point to which I wish to call your attention. The
peculiar constitutions of certain States admit to the right of
voting foreign residents who have only made a first declaration with
a view of becoming American citizens; now it has been asked what, in
presence of the law of conscription, would be exactly the position
of foreigners who have profited by this favor? The answer to this
cannot be doubtful. If it was the intention of the legislators of a
State to extend even to the privilege of taking part in the
elections the civil rights, or rather the rights of citizenship,
granted in various countries to the domiciliated foreigner, in
considerationof a first step with a view to obtaining
naturalization, or from the simple fact of residence, we could only
see in such a provision an act of internal police, and could not in
any case allow it to be assimilated in its effects to one which
consists in obtaining letters of naturalization, and in becoming de facto and de jure a citizen of the United
States.
The federal government, to which the Constitution has expressly
reserved, the right of granting naturalization, has never considered
foreigners who have made the first declaration as citizens, whether
they took part or not in the elections in virtue of the peculiar
constitution of a state; it has from the earliest period kept up the
rule of refusing them passports.
Abandoned by us, Frenchmen placed in the position indicated above
would, consequently, be not only without protection, but without
nationality. I do not think that we ought to consent to this; and
since the government of the United States does not consider them as
American citizens from the fact of their voting, we ought to
continue to consider them as Frenchmen, by assimilating in some sort
the part which they may have taken in the elections under such
circumstances to the services which they might have been called to
render in certain cases in the ranks of a city guard—services which
would not have entailed on them the loss of their nationality
derived from origin. I therefore, sir, request you to issue
certificates to such of our countrymen as may be found in the last
condition of which I have spoken to you.
Accept, &c.
Mr. ——— ———, Consul of France at ———.
