File No. 351.117/10.
The Secretary of State to
Ambassador Herrick.
No. 255.]
Department of State,
Washington,
April 4, 1914.
Sir: The Department sends you herewith, for
your information, a copy of a letter of April 2, 1914, from Mr. J.’ A.
C. Fargo, 2nd,
[Page 295]
Assistant
Manager of the American Express Company, New York City, concerning the
status and liability for military service in France of Edward P.
Chrystie, who was born in France of an American father also born there;
and a copy of the Department’s reply of this day.
I am [etc.]
For the Secretary of State:
Robert Lansing
.
[Inclosure 1.]
Mr. Fargo to the
Secretary of State.
Dear Sir: With reference to the passport
issued by you on March 30 in favor of Edward P. Chrystie, we learn
that in the circulars inclosed therewith the inference is made that
naturalized citizens of French extraction are subject to military
service in their native country.
We realize that Mr. Chrystie’s case is rather an unusual one and that
even though he is a descendant of Albert N. Chrystie, who was a
native citizen of this country, his direct parentage may hardly be
entitled to the claim of a native citizen, owing to the fact that
his father was born in France.
It would involve Mr. Chrystie in what to him would be an intolerable
predicament if the military authorities should detain him for
military service in France, and In order to have his position
defined as clearly as it is possible to do so, we should esteem it a
great favor if you were to kindly offer an opinion on the
possibilities of such a contingency arising.
In the event of your being unable to give assurances that Mr.
Chrystie would be exempt from such service, we beg on his behalf
your kind interest and indulgence to the extent of informing the
American Consul in Paris of the circumstances relating to Mr.
Chrystie’s parentage and citizenship in order that our Consul might
know the situation precisely and be in a position to take up the
matter with the French Government in the event of Mr. Chrystie being
compelled to call upon him for assistance.
Assuring you [etc.]
[Inclosure 2.]
The Secretary of State
to Mr. Fargo.
Department of State,
Washington,
April 4, 1914.
Sir: The Department has received your
letter of April 2, 1914, concerning [etc.]. From previous
correspondence it appears that his grandfather, Albert N. Chrystie,
was a native of this country and that his father, James N. Chrystie,
was born at Havre, France, but did not become a French citizen, and
that he himself was born at Havre September 7, 1887, and came to
this country in 1894.
As James N. Chrystie had resided in this country for some years
before the birth of his son, Edward P. Chrystie, the latter is
considered a native (that is, born) citizen of the United States
according to the provision of Section 1993 of the Revised Statutes.
It appears, however, that he may also be considered a native citizen
of France under the provision of Paragraph 3, Article 8, of the
French Civil Code, which, as modified by an act of July 22, 1893,
provides as follows:
The following are Frenchmen:* * *
3. Every person born in France of foreign parents, of whom
one was also born there, except that he has the privilege,
if it was his mother who was born in France, of declining
French nationality during the year following the attainment
of his majority, by conforming to the provisions of
Subdivision 4 hereinafter.
It will be observed that Mr. Chrystie has a dual nationality, being
considered American under American law and French under French law;
consequently
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the
Department is not in a position to assure him that he will not be
required to perform military service in case he voluntarily places
himself within the French jurisdiction. As it appears that he came
to this country when a young boy, has resided here for some years
since attaining his majority, and has since made a practical
election of American rather than French nationality, it seems to the
Department that the Embassy at Paris would be warranted in
interceding in his behalf if, upon going to France, he should be
arrested for military service or otherwise molested by French
officials. However, in view of the fact already noted, that Mr.
Chrystie was born a French citizen under French law, the Department
can give you no assurance that the intercession of the Embassy in
his behalf would meet with the desired result.
I am [etc.]
Robert Lansing, Counselor
,
For the Secretary of
State.
