Mr. Uhl to Mr.
Vignaud.
Department of State,
Washington, March 1,
1895.
No. 362.]
Sir: I inclose for your information a copy of a
correspondence between Capt. A. S. Crowninshield, U. S. N., and the
Department with regard to the possibility of a claim on the part of the
French Government to exact military service of his son, Caspar Schuyler
Crowninshield, on the ground of his birth in France and his present
residence there. As elucidating the general principle involved in this
case you are referred to the Hubbard correspondence, printed on pages 491–494 of the volume of Foreign Relations for
the year 1891.
In addition to the considerations adduced in the Department’s letter to
Captain Crowninshield, it is to be noted that young Crowninshield was
born of American parents while his father was on official station in
French waters as an officer of the United States Navy. It does not
appear that France has the slightest claim to this young man’s
allegiance, and it is not thought likely that any such claim will be
made.
The representations of Captain Crowninshield appear to be based on
apprehensions alleged to have been expressed by you in a conversation
with young Crowninshield, and not on an actual case raised by the French
authorities. It will probably suffice to issue a passport to him, if he
has not one already, and to procure his registration at the prefecture
on the usual footing of a three months’ sojourner.
I am, etc.,
Edwin F. Uhl,
Acting Secretary
.
[Inclosure 1 in No.
362.]
Captain Crowninshield to Mr. Gresham.
U.
S. R. S. Richmond,
Navy-Yard,
League Island, Pa., February 16, 1895.
Sir: My son, Caspar Schuyler Crowninshield,
was born at Nice, France, June 1, 1871; he left there with his
parents July 4, 1871, and has never returned there.
At the time of my son’s birth I was serving on board a United States
ship of war of the European squadron as an officer of the Navy and
my wife was, residing temporarily at Nice.
[Page 426]
Since last October he has resided in Paris as an art student.
On February 1, 1895, when my son applied to the United States embassy
in Paris for a “letter of identification” in order to comply with
the French regulation requiring registration at the perfecture of
all foreigners residing in France over three months, he was informed
by the secretary of our embassy that the French Government would
try, on account of the place of his birth, to force him to serve
three years in the French army. The secretary thought that my son
could not be forced to serve in the French army, but he said that
the French authorities might cause him much trouble and require him
to pay a large sum of money.
That any question should be raised by the United States embassy
regarding my son’s status as a citizen of the United States, in view
of section 1993, Revised Statutes, is to me astounding.
This matter has caused my son very considerable anxiety, so much so
that he has seriously thought of abandoning his studies in Paris and
returning to the United States.
In view of the foregoing, I have the honor to respectfully request
that such instructions as this case appears to warrant may be given
the United States ambassador to France, regarding my son’s full and
complete title to American citizenship, and that he is no more
liable to be called upon to serve in the French army or to pay any
fine than is any other American citizen.
Very respectfully,
A. S. Crowninshield,
Captain, U. S. Navy
.
The Hon. Secretary of State,
Washington, D. C.
[Inclosure 2 in No.
362.]
Mr. Gresham to
Captain Crowninshield.
Department of State,
Washington, D. C., February 23, 1895.
Sir: Your letter in regard to the
possibility of a claim on the part of the French Government to exact
military service of your son, Caspar Schuyler Crowninshield, on the
ground of his birth in France and personal residence there, has been
received.
The clause of the French law of nationality which the secretary of
embassy seems to suppose applicable to your son’s case (article 8)
reads as follows: These are French * * *
4. Any person born in France of foreign parents and who at the
time of his majority is domiciled in France, unless within the
year following such majority, as fixed by French law, he has
declined French nationality and proved that he has retained the
nationality of his parents by means of an attestation in due
form from his Government, which attestation shall remain
attached to his declaration, and by producing, besides, if there
is occasion to do so, a certificate showing that he has complied
with the call to perform military service in accordance with the
military laws of his country.
This provision appears to concern those persons who, being born in
France of foreign parents, continue to dwell there during minority,
and treating them as invested with a dual status, gives them one
year after attaining majority within which to elect either French
nationality or that of their parents. It does not appear to affect
those who, like your son, have been removed from France soon after
birth and thereafter dwell and come of age in the country of their
parents’ allegiance.
[Page 427]
Your
son, born at Nice, June 1, 1871, was taken thence by his parents a
few weeks later, July 4, 1871, and never returned to France until
last October, when, being over 23 years of age, he went to Paris as
an art student.
No claim to your son’s military service appears to have been made by
the French authorities, but a copy of your letter and of this reply
will be sent to the United States ambassador at Paris, and Mr.
Eustis will be instructed that, in the event of any such claim, this
Government would hold that your son, being born a citizen of the
United States, under our laws has conserved his status and perfected
it as against any conflicting claim on the part of France by
continuous domicile in the United States during minority and
entrance upon all the rights of American citizenship on attaining
majority.
Without discussing the hypothetical question whether, in such a case,
option and declaration are required in France within the year after
attaining majority, it is clear that the year having elapsed without
your son having been within French jurisdiction no retroactive
declaration can now be demanded of him. He is to be regarded as
having precisely the same status in France as any other adult
citizen of the United States visiting that country; and Mr. Eustis
will be instructed to attest the fact of such citizenship by the
issuance of a passport to him on the usual evidence of right
thereto.
I am, etc.,
