Mr. Vignaud to Mr. Sherman.
Paris, August 2, 1897. (Received Aug. 16.)
Sir: I recently reported (No. 51, of July 24) that according to a letter addressed to the consul-general by Mr. Hubinoit-Bennett he had been discharged by the French military authorities and that he had expressed the intention of claiming an indemnity from the French for his arrest and confinement during over a month. I have since received a note from the minister of foreign affairs in reply to the one from this embassy laying the case before him, and Hubinoit himself has called. Mr. Hanotaux simply states that by order of the general commanding the Sixth Army Corps Hubinoit had been set at liberty. But the statement of Hubinoit and the papers which were given to him by the military authorities show that he has simply been acquitted of a charge of insoumission (noncompliance with the military laws) and that, as I suspected, he is still held to be French. Having passed the age of [Page 146] service in the active army, he could not be incorporated in that army, but his name was placed on the list of reserves, and a military book (livret militaire) was furnished to him showing that he will belong to that reserve until the year 1905, and that permission is given to him to proceed to Pittsfield, United States, where any military notice will reach him.
The case of Hubinoit is therefore hardly changed. He can no longer be arrested and prosecuted for insoumission, but he remains French, and as such subject to be called for service in the reserve and in the territorial armies. If the Department will refer to my No. 56,1 of this date, in which this whole matter is explained, it will be seen that there is only one way for Hubinoit to have his American citizenship recognized by the French Government; it is to apply for the necessary permission to change his allegiance, permission which is not likely to be refused under the circumstances, but which will cost 175 francs.
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I have, etc.,