Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 3294/2–3.

Ambassador McCormick to the Secretary of State.

American Embassy,
Paris, December 24, 1906.

No. 204.]

Sir: Referring to your cable of the 23d instant mentioning the case of Mr. Jacobs, now detained at Marseille at the request of the Argentine Republic, and instructing me to take whatever action, if any, as may be proper for his relief, I beg to say that this matter has been under consideration for the last two weeks.

On or about the 10th instant Mr. Jacobs’s sister and his daughter called at the embassy and stated that this gentleman had been arrested upon his landing at Marseille, apparently at the request of the Argentine Government, under the charge, as they believed, of fraudulent bankruptcy at Buenos Aires, where he, Jacobs, had been established for years. With regard to his American citizenship, they stated that he was born in South America, that his father was a native American, but that he had only visited his father’s home while quite young. They asserted, however, that his intention was to return to the United States.

With the view of ascertaining what Mr. Skinner thought of this, I communicated with him and he confirmed what the ladies had said, adding that Jacobs had a passport in Spanish language issued by the American consulate at Buenos Aires on September 28, 1874.

Although the right of Mr. Jacobs to claim American protection under the circumstances seemed to be questionable, I nevertheless addressed, on the 13th instant, to the minister of foreign affairs, the note of which copy is herewith inclosed, calling his attention to the case and asking that this American be released if cause could not be shown why he was arrested and detained.

As yet no written reply was made to this communication, but I am informed by Mr. Skinner that Jacobs was taken before the procureur de la République on December 18, and that after a brief interrogatory he was remanded pending the arrival of documents said to be expected from the Argentine Republic. Our consul-general adds that gross irregularity seems to have characterized these proceedings throughout and that he will communicate with me later on on this subject.

At the foreign office it is informally intimated that what is being done in this case for the Argentine Republic is what is being done for us in the case of Malavio.

I have, etc.,

Robert S. McCormick.

[Inclosure.]

Ambassador McCormick to the Minister for Foreign Affairs.

American Embassy,
Paris, December 13, 1906.

Sir: An American citizen, Mr. F. L. Jacobs, has been arrested at Marseille on the 4th of this month, upon the complaint of the Government of the Argentine Republic, which accuses him, it is said, of fraudulent bankruptcy, and which intends to ask for his extradition. Since his arrest Mr. Jacobs has not been advised what he is accused of, and to the knowledge of our consul-general at Marseille no document has been produced justifying his arrest and detention.

I call your excellency’s attention to the situation in which this American is placed, who has been detained for ten days in a prison destined for miscreants of a low class, amongst whom he is confounded. If the Argentine Republic has the right to exact his extradition, it should produce the papers to justify its demand. I therefore have the honor to request of your excellency that the papers on which the arrest and detention of Mr. Jacobs are based be immediately produced before the competent authorities or that the release of this American be ordered.

On account of the time already elapsed, and of the circumstances that I have just recalled, I again request your excellency to kindly act with all possible urgency.

I avail, etc.,

Robert S. McCormick.