[Enclosure—Translation29]
The French Minister for Foreign Affairs
(Pichon)
to the American Ambassador (Wallace)
Mr. Ambassador: By a letter dated December
12th, last,30 Your Excellency was
good enough to call my attention to the status of those persons who,
belonging both to the French nationality and the American, have
served in the forces of the United States during the
hostilities.
Referring to the terms of the convention of September 5 [3], 1918, the American Government suggests
that conditional to their showing proof of their compliance with the
stipulations of the American military laws, persons of the category
specified should not be called upon to perform military service in
France in the event of their sojourning for more or less time in
that country.
I have the honor to point out to Your Excellency that the sole object
of the convention above mentioned was to prevent American citizens
residing in France and French citizens residing in America from
taking advantage of their presence on foreign soil to elude their
military duties, by obliging them, should they not enlist in their
own national armies, to take service in the military formations of
the country in which they were residing. The convention has in
nowise determined any ruling relative to the status of the said
individuals with regard to their country of origin. Article 5 even
specified very clearly that the citizens of either country serving
in the ranks of the other shall not thereby lose their nationality;
this stipulation implies that their status with regard to their
mother country remains unchanged. If they are considered by the
latter as delinquents who have not responded to the call to the
colors, the fact of having served in the army of the other country
does not efface their delinquency. Nevertheless, inasmuch as by
serving with an Allied army these persons have served a common
cause, the French Government has already agreed with Italy, for
instance, that it considered as having met the military obligations
imposed by France proportionately with the service given during the
war or the time passed in captivity, those Frenchmen who have fought
in the Allied army. Thus a person belonging both to the French and
the Italian nationality who has given two years’ service in the war
in the Italian Army, will have to give only one year’s service in
the French Army where the active service is for three years.
[Page 940]
In June 1917, the French Government gave notice through its
representative at Washington of similar measures to be applied in
regard to Frenchmen serving in the American Army.
The French Government is unable to do more than to consider as though
it were service in its own Army that accomplished in the Army of the
United States. It cannot concede a premium of reduced military
service in time of war to persons who, according to the laws it is
bound to enforce, are of French nationality, because they have been
incorporated in an Allied army during a shorter period of time than
that imposed upon their compatriots, whereas, to begin with, they
may have even in some cases eluded the obligations fulfilled by the
latter.
Despite its earnest desire to be able to give satisfaction to the
request presented by Your Excellency, the French Goverment does not
deem it possible at this time, still so close to the termination of
the war which has inflicted such terrible sacrifices upon the French
population, to create a regime of favor on behalf of a special
category of persons who, so long as they shall be considered as
such, are legally French citizens.
With assurances [etc.]
For the Minister and by authorization:
Maurice Herbette
The Minister Plenipotentiary,
Director