Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1910

File No. 23876/1.

Ambassador Bacon to the Secretary of State.

American Embassy,
Paris, March 24, 1910.

No. 84.]

Sir: Referring to the department’s No. 29, of February 16, 1910, I have the honor to forward herewith a copy and translation of the note dated March 10, with memorandum, which I received from the minister of foreign affairs in reply to my query in pursuance of your instructions, as to whether Mr. Rene Dubuc, who was naturalized as a citizen of the United States through the naturalization of his father under our law, would be held liable to perform military service should he place himself within French jurisdiction for a short time.

As you will observe in the above-mentioned memorandum, in the absence of conventions the French tribunals declare to be French minor children of French parents naturalized in foreign countries during their minority. Mr. Dubuc, according to French law, is therefore French, and consequently subject to all the obligations of a Frenchman, notably those of military service. His naturalization abroad will not cause him to lose his quality of Frenchman except if it has been authorized by the French Government. (Art. 17, par. 2, of the Civil Code.)

Mr. Pichon further states that the keeper of the seals, after informing him that Mr. Dubuc solicited, through the medium of Mr. John Gibson Hale, attorney and counselor, Marquette Building, Chicago, the necessary authorization to become an American citizen, in order that his naturalization be recognized in France has requested him to inform the petitioner that by reason of his minority, he being born in Paris on February 20, 1890, he could not now be authorized to change his nationality, and that after the 26th of February, 1911, when he will have attained his majority, if he persists in his intention, he should renew his request and annex thereto his birth certificate, that of his father, and the naturalization papers of the latter.

In compliance with this request the minister of foreign affairs states that he has instructed the French consul at Chicago to bring to the notice of Mr. Dubuc the above information.

I have, etc.,

Robert Bacon.

[Inclosure—Translation.]

The Minister for Foreign Affairs to Ambassador Bacon.

Foreign Office,
Paris, March 10, 1910.

Mr. Ambassador: By a letter dated the 4th instant your excellency was good enough to submit to me the case of Mr. Rene Dubuc and to ask if he could make a trip to France without running the risk of being disturbed by the military authorities.

Mr. Dubuc, now 20 years old, was born in France of French parents, with whom he emigrated to the United States when a child. His father having become a naturalized American during his minority, he became an American by this fact and would like to know what is his position in the eyes of the French law.

In reply to this request I have the honor to address herewith to your excellency in the form of a note some information of a general order on the legislation applicable to the present case.

I may add that the keeper of the seals has just informed me that Mr. Dubuc (Rene Adolph), born in Paris February 20, 1890, solicited through the medium of Mr. John Gibson Hale, attorney and counselor, Marquette Building, Chicago, the authorization to become a naturalized American, authorization necessary according to the terms of article 17, paragraph 2 of the civil code, in order that his naturalization might be recognized in France.

My colleague has requested me to inform the petitioner that by reason of his minority he could not now be authorized to change his nationality, and that if he persisted in his intention he should renew his request after the 26th of February, 1911, and annex thereto his birth certificate, that of his father, and the naturalization papers of the latter.

In compliance with the desire expressed by Mr. Barthou, I have just instructed our consul at Chicago to bring to the notice of Mr. Dubuc the above information.

Accept, etc.,

S. Pichon.

[Subinclosure—Translation.]

Note.

According to the terms of Article VIII 1° of the French Code is French—

Every individual born of a Frenchman in France or abroad.

Foreign naturalization obtained by a French father only produces, according to French legislation, strictly individual results and is inoperative with a view to changing the French nationality of his minor children born before his naturalization, even though the legislation of certain foreign countries admits that the naturalization of the head of the family produces a collective effect and extends by right to his wife and his minor children.

In this case there is a conflict of laws—a conflict which each sovereign and independent nation settles by making the national law prevail in its territory over the foreign law.

France has concluded with certain States—notably Switzerland (convention of July 23, 1879) and Belgian (convention July 23, 1891)—conventions with a view to the settlement of the conflict of laws of this nature by the recognition for the benefit of minors of a right of option for the nationality of their parents at their majority.

No convention of this nature exists between France and the United States.

In the absence of conventions the French tribunals, sole judges of questions of nationality, declare to be French minor children of French parents naturalized foreigners during their minority. In this sense may be cited, notably:

The decision of the court of Besancon of July 30, 1902—Gide case, J. Dr. Int. Pr. 1903, page 370.

A decision of the court of appeal of Amiens of July 13, 1899 (Vacquerel case, J. Dr. Int. Pr. 1902, p 837), has moreover established that a child born in the United States of a French father who had taken out his naturalization papers, but who was not yet naturalized, was French, as being born of a father who had not yet lost his quality of Frenchman at the time of his birth.

The child remaining French continues, moreover, subject to all the obligations of a Frenchman, notably those of military service.

If he is still subject to military service for the active army his naturalization abroad will not cause him to lose quality of Frenchman except if his naturalization has been authorized by the Government (art. 17, par. 2 of the Civil Code).