Mr. Mercier to Mr. Seward.
Sir: I have received the note which you did me the honor to write to me, under date of the 5th of this month, in reply to my communication of the 31st of October, relative to the measure which I have deemed it my duty to recommend to your attention, with a view of establishing in a certain way the nationality of Frenchmen residing in the United States, who might find themselves in danger of being reached by the law of recruitment.
A previous understanding in regard to this question between the government of the United States and the legation of the Emperor seemed to me particularly desirable, because, in my opinion, it could not fail to prevent all difficulties. I do not doubt, indeed, that the government of the United States, on being called to decide in regard to the case of such or such foreigners who might be unduly taken off by the conscription, would render full justice to the applicants, and would grant them the exemption to which it would be ultimately proved that they were entitled; but that reparatory measure could not remove from foreigners who would become the subject of it all the inconveniences of an enrolment unjustly imposed, and would leave existing, in more than one case, their right to reparation or indemnity from the government of the United States.
[Page 813]Hence I still think that a general preventive measure would offer great advantages; and in case that, outside of that which I had the honor to submit for your examination, it should please the government of the United States to adopt another, such whose efficaciousness and applicability appeared to it better adapted to the necessities of the moment, you could be assured, sir, that I would take pleasure in modifying in this new direction the instructions which the consuls of the Emperor in the United States are soliciting from me, in view of the many difficulties which have been raised, and of the just apprehensions which are felt by our countrymen.
As to the importance which the American authorities might attribute prima facie to the certificates of nationality issued by the Emperor’s consuls in the United States, I would take the liberty of observing to you that the French law has surrounded the issuing of these certificates with numerous formalities, with a view of preventing any error or any fraud; and that a certificate issued without those formalities having been complied with, might, in certain cases, render an agent liable to a penalty of two years’ imprisonment.
I embrace this opportunity to renew to you, sir, the assurances of my high consideration.
Hon. William H. Seward. Secretary of State.