File No. 351.117/48.
Mr. P. A. Lelong to
the President.
New Orleans,
April 8, 1915.
Dear Mr. President: On March 27, 1915, I sent
to Hon. William J. Bryan, Secretary of State of the United States, a
letter of which I annex a copy. To that letter I am in receipt of an
answer, dated April 2, 1915 (of which I annex a copy) signed for the
Secretary of State by Robert Lansing, Counselor. From the conclusion
thus reached on the facts of my case by the Secretary of State and his
subordinate, “I appeal to Caesar.” I make this appeal in my own behalf
and in behalf of the large number of American citizens similarly
situated.
Conceding the proposition that I was born with a dual nationality (if
such a thing can exist) this duality of nationality ceased when I became
of age and elected to exercise my birthright granted to me by the
Constitution of the United States as one born in its territory and under
its dominion, took an oath to support that Constitution and held office
under its authority, and under the authority of two States of the
American Union. This proposition must be true unless the Government of
the United States shall permit its organic law to be overridden by the
laws of a foreign country. It is manifest that between that Constitution
and the personal statutes of France which would make me a French citizen
against my will and deprive me of my birthright as one born in the
United States, there is an irreconcilable conflict. I cannot believe
that you will permit the State Department to commit this nation to the
policy outlined in the letter to me from that Department, and thus bow
its august neck to the yoke of a foreign statute.
Under this policy, one who had been President of the United States or
Chief Justice of its Supreme Court, or a Senator and Representative in
the Congress, or Commander-in-chief of its armies or High Admiral of its
navies, could be seized in France and put into its armies, or punished
for evasion of military duty. I am only a humble citizen, but my rights
are as great and sacred as those of any other citizen.
I therefore respectfully ask you and your Cabinet to take up the serious
matter herein propounded, to reverse the ruling of the Department of
State, and to lay down the proposition that one born in this country of
French parents, who elects when he becomes of age to be a citizen of the
United States, is such citizen and is entitled to the full protection of
the United States both in and out of France, free and exempt from any
provision of the French law as to his citizenship.
Your obedient servant,
[Page 387]
[Inclosure 1.]
Mr. Lelong to the
Secretary of State.
New Orleans, La.,
March 27, 1915.
Your Excellency: My father, P. A. Lelong,
was a native of France and came to New Orleans when he was about 20
years of age; lived here about 40 years. He died here about two
years ago, but about five years before his death, took out
naturalization papers.
I was born in New, Orleans June 18, 1880. I have never been out of
the United States and have regularly voted as an American citizen
since I reached the age of 21 years, and if war had ever occurred
between France and the United States, I most certainly would have
fought for the United States. I have held the office of Township
Commissioner in Henderson County, North Carolina; have held several
court appointments, both Federal and State, and am a member of the
State and Federal bar, and have considered myself as much an
American citizen as President Wilson or any of the members of the
Cabinet.
I wish to visit France on business in the near future, and am
informed by Mr. Ferrand, the French Consul here, that if I go to
France I could be either impressed into the French service or
punished for not having reported for military duty, and also for
having served in the State Militia of Louisiana without permission
from the French Government.
I contend that if the French Government had any right to claim me as
a citizen under their laws, in time of peace they should have called
on me to serve my three years in their military service.
Wishing to know whether my constitutional privileges as an American
citizen follow me wherever I go, with its constitutional guaranties,
or whether the United States Government will allow the French
Government to act in the manner as stated by Mr. Ferrand, the French
Consul, I respectfully request an answer at as early a date as
possible.
Respectfully yours,
[Inclosure 2.]
The Secretary of State
to Mr. Lelong.
Department of State,
Washington,
April 2, 1915.
Sir: The Department has received your
letter of March 27, 1915, stating that you expect to go to France on
business in the near future and inquiring whether you would be
molested by the French military authorities. You say that you were
born in New Orleans June 18, 1880, and that your father, a native of
France, resided in this country about forty years and obtained
naturalization as a citizen of the United States shortly before his
death, which occurred about two years ago.
Under the provision of the Fourteenth Amendment to the Constitution,
all persons born in the United States and subject to the
jurisdiction thereof are citizens of the United States. Section 1
article 7 [8] of the French Civil Code states that the following are
Frenchmen: “Every person born of a Frenchman in France or abroad.”
It thus appears that you were born with a dual nationality, and the
Department cannot therefore give you any assurance that you would
not be held liable for the performance of military service in France
should you voluntarily place yourself within French
jurisdiction.
I am [etc.]
For the Secretary of State:
Robert Lansing,
Counselor.
