No. 384.
Mr. Vignaud to Mr. Bayard.
Legation of
the United States,
Paris, May 24, 1888.
(Received June 4.)
No. 608.]
Sir: Mr. W. Lalanne, an American citizen of French
origin, now residing at Bordeaux, having applied to this legation for a
certificate of “exemption “from French military service, I have the honor of
inclosing herewith a copy of the correspondence exchanged between him and
myself on this occasion.
The circumstances of the case are as follows:
Mr. Lalanne was born in France April 3, 1855. On March 30, 1874, being then
under age, he procured a French passport and went to America, where he
traveled for some time. On or about June 25, 1876, he arrived at Los
Angeles, Cal.; on October 2, of the same year, with the assistance of an
interpreter, he applied to the city and county court of that place to
declare his intention of becoming an American citizen; that same day he
obtained a certificate of naturalization. He established himself in the
United States, registered for the first time at the last Presidential
election, and voted. In 1888 he determined to make a short visit to France,
and having lost his original papers he applied for a copy, which he obtained
under date of April 2 last. (See inclosure 5.) Shortly after his arrival in
France he was summoned to perform military service, and applied to the
legation for the certificate of exemption above mentioned.
I replied that no such certificate could be issued by this legation, and that
he could be relieved from his military obligations towards France only by
establishing before a French court of justice that he was no longer a French
citizen.
[Page 536]
Under ordinary circumstances I would have authenticated Mr. Lalanne’s
certificate, because without such authentication he can not use it in court;
but as he seems to have obtained this certificate only a little over two
months after his arrival at Los. Angeles, and only two years and a half
after he had left France, I abstained from so doing, for the moment at
least.
Considering, however, that Mr. Lalanne arrived in the United States while
being a minor, and that having lived there until he was thirty-three years
of age he could easily have obtained another certificate, I informed him
that I would submit his case to you, and ask for instructions as to the
propriety of authenticating his papers or of interfering in his behalf if
necessary.
Trusting that you will kindly advise me in this respect,
I have, etc.,
Inclosure 1 in No. 608.]
Mr. Lalanne to the
Consul-general.
Sir: Inclosed please find a certificate of
naturalization and a convocation from French military authority:
With all required papers in my possession I left France in 1874 when
eighteen years of age. I did reside about fourteen years in the United
States, and I chose to come back on business a few months ago.
My greatest desire is to remain a citizen of the free America, and I hope
you will favor me with instructions to obtain, once for all, a
certificate of exemption from molestations of that kind. Very
respectfully,
[Inclosure 2 in No. 608.]
Mr. Vignaud to Mr.
Lalanne.
Legation of the United States,
Paris, May 16,
1888.
Sir: Your note of the 12th instant, addressed
to the consul-general, has been referred to this legation. You inclose
your certificate of naturalization, with a notice from the French
military authorities to report for military service, and after having
stated that you left France in 1874, when eighteen years of age, that
you resided fourteen years in the United States, and that you came back
to France a few months ago on business, you ask for instructions to
obtain, once for all, a certificate of exemption from molestation of the
kind referred to.
I regret to say, sir, that the legation is not in a position to furnish
you with a certificate of this kind.
The French Government holds that every natural-born Frenchman is liable
to military service until he has produced evidence that he is no longer
a French citizen, and is therefore disqualified to perform any military
service in the French national army. Under the existing rule it is for
you to furnish this evidence, and no other will satisfy the French
Government but a judgment of a French civil court declaring that you
have lost your original French character.
Your mode of redress is therefore to apply to the “tribunal civil” of
your arrondissement for a judgment, stating that you are no longer a
French citizen. In support of this application you will produce your
certificate of naturalization, duly legalized by this legation, and the
court will, I have no doubt, grant your request. You will then take a
copy of the judgment of the court to the military authorities and they
will discharge you.
This process is a rather long one, but it is usually successful, and for
the present no other is open to you. Should the court reject your
application, which is hardly probable, you will report at once its
action to this legation. Until an actual wrong
[Page 537]
has been done you we can not interfere. Diplomatic
intervention can only take place after the legal means of redress have
been exhausted.
I return herewith the notice you have received from the French military
authorities. Before returning the certificate of naturalization, with
the authentication of this legation, I desire some information. This
paper is evidently a copy, although it does not state so, delivered
April 2, 1888, of your original act of naturalization issued October 2,
1876, by the superior court of Los Angeles County, Cal. Will you please
state if these dates are correctly given, and also let me known the
exact date of your birth and of your arrival in the United States.
I am, etc.,
[Inclosure 3 in No. 608.]
Mr. Lalanne to Mr.
Vignaud.
Honorable Sir: Answering to your favor of the
16th instant, I have the honor to submit my case to you as far as I can
remember the circumstances.
I was born on the 3d day of April, 1855. On the 30th day of March, 1874,
I took a passport at the prefecture of Bordeaux, and after traveling
over America I went to Los Angeles, (Cal.), with the idea to settle, on
or about the 25th day of June, 1876.
On the 2d day of October, 1876, I, with the aid of an interpreter,
applied to the county clerk of the city and county of Los Angeles in
order to make a verbal declaration of my intention to become a citizen
of the United States of America.
My request was granted and a certificate of naturalization delivered to
me.
Having lost this first certificate I can not affirm if I were considered
to be a United States citizen ever since the day of its delivery, or if
it was only to acknowledge the fact of my intention to become a
citizen.
I must say that I had no trouble whatever when, for the first time, I
registered and voted for actual President, Grover Cleveland.
I obtained the copy you have now in your possession from the county clerk
at Los Angeles, (Cal.).
I shall wait for instructions from you before I take any steps in regard
to the French military authorities, and
I remain, etc.,
[Inclosure 4 in No. 608.]
Mr. Vignaud to Mr.
Lalanne.
Legation of the United States.
Paris, May 23,
1888.
Sir: I am in receipt of your letter of May 18,
stating that yon were born April 3, 1855; that you left France in 1874;
that, after traveling in America, you arrived on or about June 25, 1876,
at Los Angeles, where on October 2, of the same year you made in the
city and county court your declaration of intention of becoming a
citizen of the United States, and obtained a “certificate of
naturalization.”
You add that, having lost this first certificate, you can not affirm
whether you were considered to be an American citizen since the day of
its delivery (October 2, 1876), or if that paper was only to acknowledge
the fact of your intention to become a citizen, but that you had no
difficulty, when, for the first time, you registered, in voting for our
present President.
Having arrived in the United States before being of age, you were
entitled to citizen papers from the moment you had resided there five
years. You could therefore have applied for such papers at any time
after the expiration of these five years, but it seems that you did not,
and that you contented yourself with the paper delivered to you October
2, 1876. Under these circumstances it is not possible for me to affix
any certificate with the seal of this legation to this paper, which is
returned herewith.
For the steps you are to take in regard to the military authorities, I
refer you to my letter of the 16th instant. I hope you will be able to
obtain your discharge without the assistance of this legation, but as a
contingency might arise when you may need this assistance, I shall
report your case to the Department of State, and ask for
instructions.
I am, etc.,
[Page 538]
[Inoloeure 5 in No. 608.]
certificate of citizenship.
United States of
America,
State of California, County of
Los Angeles, ss:
Be it remembered that on the twentieth day of October, in the year of our
Lord one thousand eight hundred and seventy-six, W. Lalanne, formerly of
France, at present of the State of California, aforesaid, appeared in
the superior court of Los Angeles county, the said court being a court
of record, having common law jurisdiction, and a clerk and seal, and
applied to the said court to be admitted to become a citizen of the
United States of America pursuant to the directions and requisitions of
the act of Congress of the United States of America entitled “An act to
establish an uniform rule of naturalization, and to repeal the acts
heretofore passed on that subject,” and of the several acts in relation
thereto. And the said W. Lalanne having thereupon produced to the court
such evidence, made such declaration and renunciation, and taken such
oaths as are by said act required, thereupon it was ordered by the said
superior court of the county of Los Angeles, that the said W. Lalanne be
admitted, and he was accordingly admitted by the said court to be a
citizen of the United States of America.
In testimony whereof the seal of said court
is hereunto affixed this 2d day of April, in the year of our Lord one thousand
eight hundred and eighty-eight and in the year of our
Independence the one hundred and twelfth.
Per
Curiam.
[
seal.]
C. H.
Dunsmoor,
Clerk.
By
John Fischer,
Clerk.
