No. 96.
Mr. Frelinghuysen to Mr. Morton.

No. 474]

Sir: With reference to your dispatch No. 494, of the 5th ultimo, in which you make a full statement of the facts relating to the case of Alfred P. Jacob, I have to say that the previous instruction was based on the absence of any report from the legation in the premises and the assumption that Mr. Jacob had voluntarily submitted to serve in the army without recourse to diplomatic protection. His case now, as it stands, is peculiar. By our laws he is an American citizen, his status as such dating from his father’s naturalization.

By French law he is a recognized citizen through service in the army, which only a citizen can perform. That obligation to do military duty (whether rightly due or not) having been extinguished, no precise issue remains on which the status of Mr. Jacob could be carried before a court. To make the issue, the only available way would seem to be to present the case and ask that his name be stricken off. With this explanation you may make the request contemplated in our No. 436.

I am, &c.,