File No. 351.117/23.
Ambassador Herrick to the Secretary of State.
Paris, November 17, 1914.
Sir: Referring to the Department’s No. 233 of November 4 relating to the case of Mr. P. I. Chandeysson, I have the honor to report that the Embassy has ascertained that Chandeysson did not voluntarily enlist in the French army. Considering however the refusal of the French Government to release Mr. François F. Pellissier from his military obligations under precisely similar circumstances, and especially in view of the statement made in the circular1 issued by the Department of State on February 10, 1914, for the benefit of American citizens formerly citizens of France who contemplate returning to their native country, that, “a Frenchman naturalized abroad without the consent of his Government, and who at the time of his naturalization was still subject to military service in the active army or in the reserve of the active army, is held to be amenable to the French military laws,” I respectfully request the [Page 301] authority of the Department to withhold representations in behalf of Mr. Chandeysson and in all similar cases which may subsequently arise.
I have [etc.]
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This circular, issued June 6, 1913, and reissued February 10, 1914, is as follows:
↩notice to american citizens formerly citizens of france who contemplate returning to that country.
The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country.
All Frenchmen who are not declared unfit or excused may be called upon for military duty between the ages of twenty and fifty years. They are obliged to serve two years in the active army, eleven in the reserve of the active army, six in the territorial army, and six in the reserve of the territorial army.
If released from all military obligations in France, or if the authorization of the French Government was obtained beforehand, naturalization of a former French citizen in the United States is accepted by the French Government; but a Frenchman naturalized abroad without the consent of his Government, and who at the time of his naturalization was still subject to military service in the active army or in the reserve of the active army, is held to be amenable to the French military laws. Not having responded to the notice calling him to accomplish his military service, he is placed on the list of those charged with noncompliance with the military laws, and if he returns to France he is liable to arrest and trial, and upon conviction is turned over to the army, active, reserve, or territorial, according to his age. Long absence from France and old age do not prevent this action.
A Frenchman naturalized abroad, after having passed the age of service in the active army and the reserve, nevertheless continues on the military list until he has had his name struck from the rolls, which may usually be done by his sending his naturalization certificate through the United States Embassy to the proper French authorities.
The French Government rarely gives consent to a Frenchman of military age to throw off his allegiance. Application on the subject may, however, be addressed to the Minister of Justice at Paris, accompanied by a full statement of the particulars and a fee of 675 francs. If the request is granted the name of the person concerned is erased from the military list and he may return to France safely.
There is no treaty between the United States and France defining the status of former French citizens who have become naturalized American citizens.
Passports are not necessary to enter France, but are usually required of sojourners or travelers afterwards. It is not required that they be visaed or endorsed.
Department of State,
Washington, June 6, 1913.