Jules Ferry to Henry Vignaud, October 22, 1884
M. Ferry to Mr. Vignaud.
Sir: On the 22nd of April Mr. Morton drew my attention to the rigorous measures which Mr J. B. Foichat, of French origin, a naturalized citizen of the United States, had incurred at the hands of the French authorities during the latter months of the past year. Mr. Foichat, born on the 4th of January, 1853, at Bordeaux (Savoie), went in 1870 to the United States, where, he acquired, in 1883, naturalization. Upon his return to France, at the end of the same year, he was arrested in his native town for insubmission (insoumission), then set at liberty upon the intervention of the American consul at Lyons. On account of these facts, the Government of the United States considered that a pecuniary compensation should be granted to him.
Allow me to recall in the first instance, that upon principle we have constantly refused to admit that a Frenchman, naturalized in a foreign country, can be exempted if he returns to France from being answerable for the offense of insubmission, when the naturalization has taken place subsequently to the existence of the offense. You will understand that we cannot abandon this jurisprudence, which is dictated by a question of public order of a most important character, and against which the Government of the United States would be all the less founded in protesting, as it is in conformity with one of the principal provisions which appear in the treaties of naturalization concluded by it with certain powers.
The treaty signed on the 22d of February, 1868, between the United States and Prussia, stipulates in fact (article 2) that a naturalized citizen of either of the contracting parties, in case of return to the territory of origin, can be proceeded against and punished in consequence of acts, qualified as offenses or crime by the laws of such country, which he may have committed before his emigration, unless, according to the laws of his country of origin, he enjoys the privilege of prescription.
An inquiry was none the less ordered to be made with reference to the complaints made by Mr. Foichat. I have the honor to communicate to you herewith copy of the report of General Carteret Trecourt, military governor of Lyons, stating the result of the same. As you will perceive, from the perusal of this document, the grievances complained of by Mr. Foichat; are in no wise justified, and do not give him, in consequence, any right to the compensation he solicits.
I shall be much obliged if you will acquaint Mr. Frelinghuysen with the reasons which do not permit us to comply with his request, and to have the goodness to insist especially upon the juridical considerations, which oblige us to reserve expressly the right to prosecute, upon his return to France, any individual charged with an infraction against our military laws, committed previously to naturalization abroad.
Receive, &c.,