Mr. Vignaud to Mr.
Hay.
Embassy
of the United States,
Paris
,
February 13,
1899
.
No. 420.]
Sir: I inclose herewith copy of a letter
received from Mr. Felix A. Gendrot, a natural-born American citizen, who
is claimed as French because his father was French, and copy of a note
addressed on the 6th instant to the minister of foreign affairs,
asserting that Gendrot is an American citizen and asking that he be
recognized as such.
The case of Gendrot is well known to the Department. It was once before
submitted to the French Government by this mission, and decided against,
as may be seen by the correspondence published in the volume of our Foreign Relations for 1888.
Gendrot, who lives in the United States, where he has a wife and
children, came back to France a few weeks ago with the purpose of
remaining here for a short time only. His presence was almost
immediately detected, and he was notified to appear before the military
authorities to explain why he did not comply with the order issued to
him in 1887 to join the regiment to which he had been assigned. He
applied to this embassy for protection, and although there is very
little hope of succeeding in this second effort in his behalf, I have
not hesitated doing so, for the reason that Gendrot’s position is
somewhat different now from what it was in 1887. Having passed the age
of serving in the active army, he can, according to the law of 1889,
renounce French citizenship without the permission of the French
Government and they may recognize him as an American citizen.
His case comes up before the second council of war on the 18th instant.
Being asked if he had a lawyer, he replied in the negative, and the
court provided him with one, who is a gentleman unknown to this embassy,
Mr. Crochard, to whom I have sent word through Gendrot that this embassy
would furnish him with all the information he may need regarding the
case. I anticipate that the court will hold that, for the military
authorities, Gendrot is French, and as such must be punished for having
failed to comply with the military laws of France, but will leave him
the right to appeal from their decision to a civil court, where the
question of nationality would be finally decided. Gendrot states that,
should this be the case, the want of funds would prevent him from taking
any action of this kind.
I have, etc.,
[Page 265]
[Inclosure.]
Mr. Gendrot to
Mr. Porter.
109 rue du Cherche Midi,
Paris
,
February 5,
1899
.
Dear Sir: I wish to inform you that Felix
A. Gendrot, born in the city of Cambridge, State of Massachusetts,
the 28th of April, in the year 1866, has been called by the French
Government to appear before a council of war to give my reason for
not having complied with their demands in 1887 in regard to doing
military duty.
I think you will find my case on file at your embassy.
Now, in view of the facts that I was born, brought up, and educated
in the United States, and being a citizen and a voter, having all my
interests there, and will return in a year or two after completing
my studies, I feel I am an American and that I owe nothing to
France.
There must be something radically wrong when a man can have two
nations to serve, and should there be war between them I would be in
a strange dilemma. I could not very well cut myself in two; at all
events, I am the one to suffer. I don’t mean to say that a war is
probable, but yet possible.
Being vested by the United States law as a citizen, and considering
myself as such, I call upon you for protection and aid.
I am, etc.,
[Inclosure 2.]
Mr. Vignaud to
Mr. Delcasse.
Embassy of the United States.
Paris
,
February 10, 1899
.
Sir: I have the honor of submitting to your
excellency the following case:
Mr. Felix Albert Gendrot is an American citizen, born at Cambridge,
Mass., on the 28th of April, 1866. He was brought up and educated in
the United States, where his home is, where he has a wife and
children, and where he has discharged all the obligations incumbent
on a native-born American citizen. He has never resided in France.
In 1887 he made a short visit to Paris, and was then informed that,
being the son of a Frenchman, he had to perform military service in
the French army. He appealed to his Government for protection, and,
in the year above mentioned, this embassy, then a legation, laid the
case before your department, stating that Gendrot was a natural
American citizen; that, having never been in France before, he did
not flee to escape any obligations, of which he had never heard, and
that even if the fact of his being the son of a Frenchman made him
French originally, he, as well as his father, according to the law
as it then stood, had forfeited their right to French nationality by
being permanently established in a foreign country, which they had
no intention of leaving, and accepting the honors and burdens of
citizenship of that country.
The application was unsuccessful, and Gendrot, who at that time could
hardly speak French, returned to his home in the United States. He
is now again in Paris, and has been summoned to explain why he did
not serve his time in the French army. He again appeals to his
Government for protection, and I once more lay the case before your
excellency. Being born in April, 1866, he is close on to 33 years of
age, and has therefore passed the age for military service in the
active army. The law no longer prevents him from declining French
nationality without the consent of the French Government, and it is
within the power of that Government to recognize that Gendrot is
what he claims to be and what his Government, speaking through this
embassy, asserts he is—a bona fide American citizen.
I respectfully call your excellency’s attention to these new features
of the case.
I avail, etc.,
Henry Vignaud,
Chargé d’Affaires ad
Interim.
P. S.—In 1887, when Gendrot was in Paris, he went by the name of
Albert Felix Gendrot. He had not then his certificate of birth,
showing that his real name was Felix Albert.
