Frelinghuysen to Fred’k T. Frelinghuysen, March 25, 1884

No. 97. Mr. Frelinghuysen to Mr. Morton.

Sir: I transmit herewith a copy of a sworn statement of Mr. John B. Foichat, a citizen of the United States, who has been for the last nine years a resident of the State of Indiana, also a statement of several distinguished citizens of that state who are his neighbors, who vouch for his good character and standing. The facts upon which Mr. Foichat’s claim rests, as you will perceive from a perusal of the memorial, and which for your greater convenience I condense, appear to be these, namely:

John B. Foichat, the claimant, was born in Bordeaux, France, on the 4th of January 1853; in 1870, when 17 years of age, he came to the United States, and has ever since resided in the State of Indiana. In May, 1883, he was regularly admitted to citizenship of the United States by the circuit court of the State of Indiana for Parke County. In August, 1883, he obtained a passport from this Department with a view of revisiting his native town and his relations there, and arrived in Bordeaux in September, 1883. On the 22d of November following he was arrested on the charge of having failed, when he attained the age of 21 years, to report for military service. He exhibited his passport and certificate of naturalization and demanded to be released and allowed to proceed on his way. These papers, together with his private papers, were seized and retained by the officers, and he was kept in the military prison at Chamberry two days and three nights; he was then handcuffed and taken to the military prison at Grenoble to be tried by court-martial; then he was imprisoned in a cell and his valuables all taken from him. He was detained at Grenoble four days. His case at last reached the ear of B. F. Peixotto, esq., United States consul at Lyons, and through the efforts of that officer Foichat was released on the ground of his American citizenship.

There appears to be no reason for doubting the correctness of the claimant’s statement. These, however, you will be able to satisfy yourself about by inquiry of the United States consul at Lyons, and if you find them substantially as stated, you will, I have no doubt, concur in the view entertained by the Department, that aside from the mere personal inconvenience and expense to which the claimant was subjected, the transaction involved an unwarranted and seemingly unnecessary indignity offered to a citizen of the United States which this Government cannot suffer to pass unnoticed. You will, under the conditions stated, i. e., the facts found upon inquiry to be true, present the claim to the minister of state for foreign affairs with the earnest request on the part of this Government that the subject may receive from that of France early and just consideration, and that a reasonable pecuniary indemnity will be awarded and paid on behalf of Mr. Foichat. I do not allow myself to doubt but that the justice of the claim will be at once recognized by the French Government, animated, as that Government is, by the highest sentiments of liberality and fairness.

You will report the result of your proceedings in the matter to the Department.

I am, &c.,

The undersigned citizens of Rockville, Parke County, Indiana, would respectfully represent that John B. Foichat, whose affidavit is attached hereto, is a citizen of this county and is of good repute for honesty and sobriety, and whose general reputation in all respects is good.

He has lived in our county a good many years, and has been a peaceable, industrious, and law-abiding citizen. We unite most heartily in requesting such action as may be proper in such cases to be taken in his case, to the end that justice may be done him.

Your obedient servants,