Foreign Relations of the United States Diplomatic Papers, 1938, The British Commonwealth, Europe, Near East, and Africa, Volume II

351.117/487

The First Secretary of Embassy and Consul at Paris (Murphy) to the Secretary of State

No. 2881

Paris, August 31, 1938.
[Received September 9.]

Subject: Status under French Law of American Citizens of French Origin and Their Liability to Military Service.

Sir: I have the honor to acknowledge the receipt of the Department’s instruction No. 819 dated May 3, 1938, enclosing a copy of a revised paragraph relative to the above subject, with the request that the Embassy examine it and inform the Department whether it corresponds to the Department’s understanding of the matter.

In accordance with the Department’s further instructions the Embassy has undertaken to verify definitely the nationality status under French law of the minor children of French origin who were naturalized as American citizens through the naturalization of their parents, prior to August 10, 1927 and after that date. The Foreign Office’s note of July 29, 1938, transmitted herewith in copy and translation, is self-explanatory and is believed to clarify fully the question. The Department has remarked that its conclusions upon the subject of the status of minor French children naturalized as American citizens through the naturalization of their parents, which conclusions were based upon previous information obtained from the Ministry of Foreign Affairs, were not commented upon when communicated to the French Foreign Office, in the Embassy’s note of September 2, 1937, which might lead to the assumption that they were acquiesced in. An examination of the latest note from the Ministry of Foreign Affairs will reveal, however, that the Ministry’s notes of December 23, 1935,⁸⁶ and previous, furnished an incomplete and inaccurate presentation of the subject and that consequently the Department’s section devoted to this question in its memorandum, must be completely revised.

The Department’s conclusions concerning the status under French law of those “Persons Naturalized as American Citizens Prior to August 10, 1927”, are in agreement with the Embassy’s understanding of the matter. It is suggested, however, that after the second example, set forth on page three of the Department’s revised paragraph, there be added the Foreign Office’s statement, repeated on page five of the Department’s paragraph, that “if a sentence had been pronounced against the deserter while he was still French, the sentence would continue to be executory in France (like any common law sentence) even though the foreign nationality acquired in the meantime be recognized by the French authorities”. This principle is applied in the case of any deserter from French military service, whether he was naturalized as a citizen of the United States prior to August 10, 1927, or since that date.

With reference to section “b” of the Department’s paragraph entitled “Persons Naturalized as American Citizens Subsequent to August 10, 1927”, it is believed that the third example on page five should be amended by adding after the word “nationality” at the bottom of the page the qualification “until their military status is regularized and the required period of ten years has elapsed”. Thereafter it is believed that their cases would automatically come within the purview of example two.

The section of the Department’s memorandum entitled “Renunciation of French Citizenship by Persons Born in the United States of French Parents” should be broadened, it is believed, to include all persons, born with both French and American nationality, and described in Article 1 of the French law of August 10, 1927, provided that their American citizenship was acquired by operation of American law and without manifestation of will on their part. Support of this is offered in the enclosed copy and translation of a note of March 11, 1938, from the Foreign Office,⁸⁷ in the case of Miss Christiane Huffer, who was born in France of an American father also born in France. Article 1 is specifically mentioned as those persons having dual nationality covered by Article 11 of the law of August 10, 1927, have the right of repudiation in the manner described in that article. This section might even include persons possessing American citizenship through the naturalization of their parents, without their own express adhesion thereto, as the Department will observe in the fourth paragraph of the Foreign Office’s note of July 29, 1938.

The Department will further observe, however, from an examination of the same paragraph of the Note of July 29, 1938, that Article 9 (3), notwithstanding its wording, does not permit the interested persons to claim release from French nationality as their right. The release may be granted, within the discretion of the appropriate authorities, or it may be refused, as in the case of Miss Huffer. It is understood that the release from French allegiance, under Article 9 (3), may be refused if it is obvious that the applicant’s only reason is to escape military service.

With a view to avoiding any confusion, in the Department’s section entitled “Documentation of American Citizens Who are Liable to Military Service in France”, concerning the documents to be obtained by those persons intending to visit France, it is respectfully suggested that the Department add to its first paragraph the statement “that such certificate or letters, issued to persons in good military standing, should not be confused with safe conducts which are issued only in the following cases”.

In that section of the Department’s memorandum entitled “Exemption of American Citizens of French Origin from Military Obligations Under the Decree Law of October 30, 1935”, the Department has failed to mention the condition set forth in the second paragraph on page nine of the Foreign Office’s note of October 26, 1937.⁸⁸ As French troops might be quartered, at some future date, in French possessions within the vicinity of the United States, it is respectfully suggested that the Department include the omitted paragraph in its memorandum.

It will also be noted that the Department has failed to remark in this section or in the preceding section that authorizations for sojourns in France of more than three months may be granted in certain cases for purpose of study, but that “the young men who have benefitted by authorizations for sojourns exceeding three months must reside abroad after thirty years of age for a period equivalent to the duration of the sojourns made in France, shortened by three months per year of sojourn, failing which they would be incorporated for the legal period of active service”. Reference is made for a fuller explanation in this connection to the decree law of October 30, 1935, forwarded to the Department with the Embassy’s despatch of December 2, 1936.

Respectfully yours,

Robert D. Murphy

[Enclosure—Translation]

The French Ministry for Foreign Affairs to the American Embassy

No. 29

Paris, July 29, 1938.

The Ministry of Foreign Affairs has the honor to acknowledge to the Embassy of the United States of America the receipt of its Note No. 1116 of July 11, 1938, concerning the national status and military obligations of persons of French origin who have acquired American nationality, through naturalization or by operation of American law.

The Ministry expresses its thanks for the appreciation expressed by the Department of State with respect to its former Note, of October 26, 1937, and hastens to give the particulars requested as to the eventual extension of change of nationality to the minor children of the interested persons. The case of the minor who is personally and expressly included in the change of nationality is naturally excluded, his personal declaration being thenceforth the only consideration under French law.

The same principle—complete independence of the status of minor children with respect to the loss of French nationality by their parents—was strictly applied in all cases before the law of August 10, 1927. In other words, the acquisition of foreign nationality by children, without their own declared intention, was purely and simply not recognized by French law. Administrative practice and that of the Tribunals permitted at most—as a kindness—the male child having reached majority and being still liable to active military service, to request as a favor that he be released from his allegiance to France, in accordance with former Article 17, paragraph 1, of the Civil Code (the child being supposed, at his majority expressly to confirm the acquisition of foreign nationality which he had enjoyed during his minority).

This policy of benevolence—always applicable to ex-minors having acquired foreign nationality before August 10, 1927—has been modified, and extended by Article 9, paragraph 3, of the law, to all persons of either sex, minors or not, liable or not to military service, having acquired foreign nationality without manifestation of will on their part. This acquisition does not entail the automatic loss of French citizenship; it does not even authorize the interested persons to repudiate, ipso facto, French citizenship; but it does give them the privilege of requesting as a favor, even as minors, that they be released from their allegiance. On the other hand, as stated above, the minor having expressly manifested his adhesion to the acquisition of the foreign nationality will be considered as having acquired this nationality of his own free will, and will thereafter be governed by the general regulation of Article 9, paragraph 1 of the law, which does not permit him to sign an application for release from allegiance until he has attained the age of 21 years.

In brief, the acquisition of a foreign nationality by the parents—whether recognized or not by the French Government—never entails automatic loss of French nationality by the minor children. Before the law of August 10, 1927, it was without any effect at all on them (with the exception introduced by the practice cited above). Since this law, however, minor children having followed the status of their parents, according to the laws of the foreign state, without displaying any choice for it, are authorized by French law to present immediately a request for release from allegiance. If, on the contrary, they have manifested their adhesion to the acquisition of the foreign nationality, they are not permitted to present their request for release before having attained their majority.

86. Not printed; see despatch No. 166, December 2, 1936, from the Ambassador France, Foreign Relations, 1936, vol. ii, p. 134.
87. Not printed.
88. Paragraph beginning, “In cases where, …”, p. 324.