Mr. Sherman to Mr. Vignaud.
Washington , August 12, 1897 .
Sir: Your dispatch, No. 51, of the 24th ultimo, in further relation to the case of the American citizen Hubinoit, otherwise known by the name under which he was naturalized, to wit, Bennett, has been received. Mr. Hubinoit makes inquiries whether he can not obtain indemnity for time lost and return passage to New York, and you have replied to him that you had fulfilled your instructions in asking for his discharge, but that without further instructions you could not present the claim he mentions.
Your response to Mr. Hubinoit’s inquiry was discreet and proper. It is not recalled that the solicited discharge of an American citizen from military duty in a foreign country has been followed by a successful claim or reparation for actual loss and injury sustained. Certainly no claim of exemplary damages has been preferred. As a general thing the interested party is satisfied with his release from the embarrassing situation in which he had been placed by his inadvertent return to his original jurisdiction, and this is especially so when there is probable cause for proceedings against him, as in the present instance, when the naturalization of Mr. Hubinoit under another name required somewhat elaborate proof to establish his asserted identity.
There have, however, been instances where a foreign government has graciously compensated a person erroneously detained and released, for actual loss of time or money, and if the circumstances of the present case appear, in the judgment of the embassy, to warrant an informal suggestion to the French Government in this regard, it is possible that it might be taken into kindly consideration without formal admission of liability in the premises.
Respectfully, yours,