James C. Morton to M. Ferry, April 22, 1884

Mr. Morton to M. Ferry.

Sir: I am directed by my Government to call the attention of your excellency to the case of Mr. John B. Foichat, an American citizen who claims due reparation for the harsh treatment to which he was subjected while visiting France last year.

It appears from the sworn statement of Foichat, a copy of which is herewith inclosed, that he was born at Bordeaux (Savoie) on the 4th of January, 1853, In 1870, when seventeen years of age, he went to the United States and has ever since resided in the State of Indiana. In May, 1883, he was regularly admitted to citizenship of the United States by the circuit court of the State of Indiana for Parke County. In August, 1883, he obtained a passport from the Department of State, with a view of revisiting his native town and his relations there, and arrived in Bordeaux in September, 1883. On the 22d of November following, he was arrested on the charge of having failed, when he attained the age of 21 years, to report for military service. He exhibited his passport, certificate of naturalization, and demanded to be released and allowed to proceed on his way. These papers, together with his private papers, were seized and retained by the officers, and he was kept in the military prison at Chambéry two days and three nights; he was then handcuffed and taken to the military prison at Grenoble to be tried by court-martial; then he was imprisoned in a cell and his valuables all taken from him. He was detained at Grenoble for four days. His case at last reached the ear of B. F. Peixotto, esq., United States consul at Lyons, and through the efforts of that officer Foichat was released on the ground of his American citizenship.

The correctness of this statement having been confirmed by the American consul at Lyons, who took pleasure, however, in acknowledging the courtesy of the high officials to whom he applied in behalf of Foichat, complaining only of the action of subordinates, I must concur in the view expressed by the Department of State, “that aside from the mere personal inconvenience and expense to which Mr. Foichat was subjected, the transaction involved an unwarranted and seemingly unnecessary indignity offered to a citizen of the United States which this Government cannot suffer to pass unnoticed.”

I am, therefore, instructed by the honorable Secretary of State to present this claim to your excellency, with the earnest request on the part of my Government “that the subject may receive from that of France early and just consideration, and that a reasonable pecuniary indemnity will be awarded and paid on behalf of Mr. Foichat.” “I cannot allow myself to doubt,” says Mr. Frelinghuysen, in words which I am glad to quote, “that the justice of the claim will be at once recognized by the French Government, animated as that Government is by the highest sentiments of liberality and fairness.”

I avail, &c.,