James C. Morton to Fred’k T. Frelinghuysen, May 6, 1884

No. 98. Mr. Morton to Mr. Frelinghuysen.

Sir: I have the honor to inclose herewith copy of a note dated April 7, which, agreeably to your instructions, I address to Mr. Jules Ferry in relation to the case of Alfred Jacob, an American citizen by birth, but considered by France as French, with a copy of the reply of the minister of foreign affairs thereto, and a translation of the same.

The circumstances of this case, briefly recalled, are as follows:

Alfred Jacob was born in the United States. His father was a Frenchman, who became naturalized long after the birth of his son. Jacob, jr., having gone to France, was called upon to perform military service on the ground that being the son of a Frenchman he was French notwithstanding his foreign birth. He protested, declaring that he was an American citizen, but this protest was not accepted, the French Government stating that it had no authority in the matter, as all questions involving citizenship were to be determined in France by courts of justice. Jacob was thereupon advised to submit his case to a French civil tribunal, which he declined to do, and served in the French army. After having been honorably discharged, he returned to his American home and appealed to the United States Government with the view of securing the erasure of his name from the French military rolls, and the recognition of his American citizenship.

Your dispatch No. 436, of January 21, 1884, instructed me to make the desired application should the facts, as stated by Jacob, be found correct.

I have found them correct in the main, but before complying with the instructions I deemed it proper to call the attention of the Department to the principles of law which govern the action of France in all cases of this kind, and intimated, in No. 494, of the 5th of February, that in the actual state of French legislation the application, if made, could not be granted.

Upon considering the peculiarities of the case and the hardship suffered by Jacob, who, although of American birth, was compelled to serve four years in a foreign army, the Department very properly thought that he had the right to ask the interposition of his Government, and your dispatch No. 474, of March 18, 1884, renewed the request contemplated in your No. 436.

It was made accordingly, but I regret to say with hardly any success. Mr. Jules Ferry replies by reasserting the reasons already given by Mr. Waddington in the note which is annexed to my No. 494, that the Government is powerless in such matters, that it cannot change the nationality of one who is French by law, and that now, as heretofore, Jacob has only two ways of establishing legally in France his change of nationality:

• By applying directly to the French Government for the permission provided by law to acquire another citizenship.
• To obtain from a court of justice a decision that he has lost his French citizenship.

Mr. Jules Ferry adds, however, that in view of the fact that Jacob has performed his active military service the minister of war would consent to his change of nationality should he apply to the minister of justice for the permission to do so.

I have, &c.,