James C. Morton to Frederic E. Ferry, April 7, 1884

Mr. Morton to Mr. Ferry.

Sir: In 1879, Alfred P. Jacob, born at Philadelphia, July 10, 1858, of Peter Jacob, a native of France, who became an American citizen on the 2d of December, 1874, applied to this legation to obtain the erasure of his name from the French military rolls. This request was presented by General Noyes to Mr. Waddington, whose reply, dated April 9, 1879, stated substantially that the personal status of Jacob had not been modified by the naturalization of his father, and that if he, the son, had lost his French citizenship it was for him to establish that fact before a French court of justice, which alone had jurisdiction in the matter.

Jacob, being unable to apply to the courts, allowed himself to be drafted into the French army, where he served four years, never giving up, however, his desire and intention of retaining his original American citizenship.

After having been honorably discharged he returned to his home in the United States, and asks now that his American citizenship be recognized by the French authorities, so that he may travel as such on the Continent without being liable to be called upon for further service in the French army.

In directing me to present this request to your excellency, my Government has expressed some surprise that an American-born citizen who had never resided in France, and who was possessed with an American passport, should have been compelled, notwithstanding his protest, to serve in the army of a foreign country.

My Government thinks as the obligation to perform military duty, whether rightly due or not, is extinguished, it does not appear that the status of Mr. Jacob can be carried before the courts, and that the only available way of obtaining the result desired by Mr. Jacob is to present the case and to ask that this American citizen he formally recognized as such.

I avail, &c.,