Office of the Historian

File No. 351.117/21.

Ambassador Herrick to the Secretary of State.

No. 753.]
American Embassy,
Paris, November 12, 1914.

Sir: I have the honor to report that I did not fail to comply with the instructions in the Department’s No. 317 of September 24, directing me to ask the French Government to release Mr. François F. Pellissier, a naturalized citizen of the United States of French origin, from military service in France.

I am now in receipt of a note (copy and translation enclosed) stating that according to the terms of Article 1 of the French law of March 21, 1905, every Frenchman is obliged to do military service. Moreover, Article 17 of the Civil Code provides that when a French citizen is subject to military duty, naturalization as a citizen of a foreign country does not cancel such obligation unless his foreign naturalization has been authorized by the French Government.

The Foreign Office states that inasmuch as Mr. Pellissier was subject to military duty on July 30, 1900, (the date at which he was naturalized an American citizen) he is still subject to military duty, in view of the fact that he did not obtain permission from the French Government for such naturalization and that therefore he is considered by the military authority as a French citizen.

This decision by the French Government not to release Mr. Pellissier from the obligation incumbent upon him by French law, is in keeping with the attitude taken by the French Government in similar cases in times of peace. Reference to the many reports made by this Embassy in instances covering this same point, will show the invariable attitude of the Government of the Republic on this question; it is therefore hardly to be expected that the Government would depart at this time from a policy to which it has adhered in times of peace, and I respectfully beg to invite your attention to this particular subject which will no doubt arise from time to time during the continuation of hostilities.

Whereas I am desirous of upholding the rights of our citizens with the utmost vigor, it nevertheless is embarrassing for the Embassy to submit cases of this nature on which the French Government has so repeatedly given a decision contrary to the requests of the American Government.

I have [etc.]

Myron T. Herrick
.
[Inclosure—Translation.]

The Minister for Foreign Affairs to Ambassador Herrick.

Foreign Office,
Bordeaux, November 6, 1914.

Mr. Ambassador: Your excellency has kindly brought before my notice the case of Mr. Frangois Pellissier, a born Frenchman, naturalized American, who was taken for military service by the French military authorities during a trip he was making in France at the beginning of last August.

The law of March 21, 1905, provides in Article 1 that “every Frenchman is subject to personal military service.” Moreover, article 17 of the Civil Code [Page 300] provides that “if a Frenchman is still subject to military duty in the active army, foreign naturalization shall only allow him to lose his French nationality when said naturalization shall have been authorized by the French Government.”

Mr. Pellissier was naturalized American on July 30, 1900; he was still, at that time, subject to military duty; he should therefore have obtained the authorization of the Government. Inasmuch as he became naturalized without authorization, the military authorities were bound to consider him as having remained French.

With assurances [etc.]

Delcassé
.