Henry Vignaud to Fred’k T. Frelinghuysen, October 27, 1884

No. 111. Mr. Vignaud to Mr. Frelinghuysen.

Sir: Your dispatch, No. 477, of date March 25, 1884, instructed Mr. Morton to lay before the French Government the case of Mr. John B. Foichat, a naturalized American citizen of French origin, who, while visiting his native town, was arrested and subjected to harsh treatment for having failed to report himself for military service when he was of age, and who, for this reason, claims an indemnity.

Mr. Morton, however, was requested to present this case only if the facts upon which it rested were correct. These facts having been found to be so, Mr. Morton laid the whole matter before M. Jules Ferry in a communication dated April 22, 1884, embodying in substance, and partly in form, your own clear and forcible statement of the case.

M. Ferry’s answer came to hand only a few days ago; it is dated October 27, and I send herewith a copy and a translation of it, together with a copy of Mr. Morton’s note.

The French Government admits substantially the facts of the case. Notwithstanding his American papers, Foichat was arrested on the charge of being an “insoumis.” He was handcuffed and confined in prison; but the French Government denies that these facts entitle Foichat to any compensation, and maintains the ground it has invariably taken each time the legation has interfered on behalf of American citizens of French birth who had been naturalized after military service was due, viz, that every Frenchman is liable to be called to perform military service, and that to refuse to discharge this important public duty is an offense punishable by law, which the acquisition of foreign citizenship cannot remove, particularly when the change of nationality has taken place for the very purpose of avoiding the performance of that duty, which is generally the case.

Pressure of work prevents me from adding anything to this communication. I propose, however, to send by our next pouch a dispatch reviewing the whole subject of American citizens of French origin who have not performed military service in France.

I have, &c.,