Henri Mercier to William H. Seward, October 31, 1862

Mr. Mercier to Mr. Seward.

Sir: At a time when the putting into practice of the law of conscription gives rise to certain difficulties in regard to the nationality of Frenchmen residing in the United States, it has seemed to me that it would be advantageous to settle in a precise manner which of my countrymen it is who, not having lost their nationality derived from origin, should of right be exempted from military service. I have, therefore, prepared a draft of circular which I contemplate addressing shortly to the consuls of the Emperor in the United States, and in which I have briefly mentioned the various classes of Frenchmen who, according to the terms of our legislation, are placed in the condition indicated above. I have the honor to communicate to you beforehand this document, requesting you to be pleased to make to me such observations thereon as it may suggest to you. It is unnecessary for me to tell you that they will be received in a spirit of friendly impartiality, and with a sincere wish that we may succeed in coming to an agreement with you as soon as possible in regard to the details of the question, and thus prevent every kind of practical difficulty.

This first point easily attained, as I hope, I shall request you to be pleased to address to the governors of the States, as well as to all other functionaries to whom you may judge it proper to do so, a copy of my circular, and to indicate that the principles on which it is founded have been acknowledged to be just by the government of the United States, and that consequently the certificates issued by our consuls, agreeably to the request which I make of them, are to be considered in the proper quarter as a priori an incontrovertible proof of the nationality of the bearer, and consequently of his right to escape all the effects of the law of conscription.

I have adverted, in concluding, to the question relative to those foreigners who are settled in one of the States, whose peculiar legislation admits them to the right of voting even when they have only made a first declaration with a view of obtaining American naturalization. It is not for me to estimate how far such a provision does or does not put the legislation of those States in conflict with the federal laws in regard to naturalization, but merely to regard the question from the stand-point of its practical effects; and while maintaining that the fact of voting under such circumstances does not entail upon a Frenchman the loss of his nationality, I think I have reached a conclusion which is equitable in behalf of my countrymen, and yet perfectly conformable to the theory and practice of the federal government in regard to this matter.

A Frenchman, in our view, could only lose his nationality derived from origin in the contingencies provided by our legislation, such as naturalization in a foreign country, or the acceptance of certain public functions without the authority of the Emperor.

I embrace this opportunity, sir, to renew to you the assurances of my high consideration.