Under date of the 1st instant, Mr. Flourens writes that he has submitted the
matter to his colleague of the navy department, and that the desire
expressed to him can not be complied with.
I inclose herewith a copy and a translation of Mr. Flourens’s note.
[Inclosure in No.
473.—Translation.]
Mr. Flourens to Mr.
Vignaud.
Paris, September 1,
1887.
Sir: On the 15th of July last Mr. McLane
appealed to my good offices, in view of obtaining the pardon of Joseph
Charles Carlin, originally from Nice, who, after having deserted from
the merchant vessel upon which he had embarked, acquired in 1885
American citizenship.
The minister of marine, to whom I had immediately submitted the question,
in forms me that there would be a serious inconvenience in authorizing
Carlin to return to France. This sailor, inscribed provisionally at
Nice, had only served nine months and twenty-three days when he deserted
the ship l’Avenir at New Orleans.
Belonging to the class of 1876; he did not respond to the call for the
army and was declared to be in state of in submission February 15, 1878.
He is therefore liable to two charges, having incurred, first,
imprisonment from one to three months for desertion to a foreign country
(Article 66, decree and law of March 24, 1852); second, imprisonment
from one month to one year for in submission (Article 61, law of July
27, 1872).
These two offenses being successive, can not fall under the law of
limitation.
Nothing, therefore, in the prior conduct of this delinquent would justify
a favor which might be invoked as a precedent by the numerous deserting
sailors from the quarter of Nice.
To obtain permission to come to France, Carlin alleges his desire to see
his family, which is domiciled at Nice; but the proximity of the
frontier enables him to easily see his relatives on Italian
territory.
In this state of affairs my colleague, Mr. Barbey, requests me to express
to you his regret that he is not in a position to comply with the demand
in question.
Receive, etc.,
