No. 227.
Mr. Washburne to Mr. Fish.

No. 940.]

Sir: Referring to your dispatch of January 14, No. 579, in reference to the case of Mr. Ernest Marx, an American citizen arrested in France as owing military service to the French government, I have the honor to inform you that Mr. Marx called at this legation about January 1.

[Page 408]

Mr. Hoffman explained to him the law upon the subject and advised Min not to return to the “arrondissement” where he was inscribed as owing military service, as he would inevitably be arrested 5 and although lie would be finally released as an American citizen of more than three years’ standing, he would be subjected to much inconvenience, annoyance, and expense. Mr. Marx called again in a few days, when I saw Mm, and repeated the advice given by Mr. Hoffman. He saw fit, however, to disregard it, and returned to Remiremont. On receipt of your dispatch of January 14th on the 27th, I wrote to Mr. Marx to inquire what was his position, and to offer to him any service in my power. He answered on the 29th, that they had made him very miserable at Remiremont since his return from Paris, and that his lawyer would write me full particulars in a few days. I have heard nothing from his lawyer, from which I conclude that the matter has taken its usual course, that Mr. Marx has established to the satisfaction of a civil court that he is an American citizen, and so cannot serve in the French army, and that lie has been an American citizen for a period of three years, and so that his “délit” of “insoumission” is covered by prescription. If he has succeeded in showing this he has no doubt been discharged, his position in this case is established, and he will have no more embarrassment from the French military authorities.

I need scarcely add that, should I hear that he is still in trouble, I shall do what I can to assist him.

I have, &c.,

E. B. WASHBURNE.