No. 97.
Mr. Frelinghuysen to Mr. Morton.
Department
of State,
Washington, March 25,
1884.
No. 477.]Sir: I transmit herewith a copy of a sworn
statement of Mr. John B. Foichat, a citizen of the United States, who has
been for the last nine years a resident of the State of Indiana, also a
statement of several distinguished citizens of that state who are his
neighbors, who vouch for his good character and standing. The facts upon
which Mr. Foichat’s claim rests, as you will perceive from a perusal of the
memorial, and which for your greater convenience I condense, appear to be
these, namely:
John B. Foichat, the claimant, was born in Bordeaux, France, on the 4th of
January 1853; in 1870, when 17 years of age, he came 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 this Department 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 and 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 Chamberry 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
[Page 146]
from him. He was detained at
Grenoble 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.
There appears to be no reason for doubting the correctness of the claimant’s
statement. These, however, you will be able to satisfy yourself about by
inquiry of the United States consul at Lyons, and if you find them
substantially as stated, you will, I have no doubt, concur in the view
entertained by the Department, that aside from the mere personal
inconvenience and expense to which the claimant 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. You will, under the conditions stated, i. e., the facts found upon inquiry to be true,
present the claim to the minister of state for foreign affairs with the
earnest request on the part of this 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 do
not allow myself to doubt but 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.
You will report the result of your proceedings in the matter to the
Department.
I am, &c.,
[Inclosure in No. 477.]
Mr. Harrison to Mr.
Frelinghuysen.
United
States Senate,
Washington, March, 21,
1884.
Sir: I have the honor to inclose the sworn
statement of John G. Foichat, a citizen of the United States and a
resident of Parke County, Indiana; also the letter of Ared F. White,
Esq., an attorney-at-law at Rockville, Parke Co., Ind. It seems clear
from the statement made by Mr. Foichat that his rights as an American
citizen have been wantonly and grossly invaded by the French
authorities. I respectfully ask that such steps may be taken by your
Department as are necessary to a fall investigation of this case, and if
the facts are found to be as stated by Mr. Foichat, that a proper demand
for reparation may be made.
Very respectfully, &c.,
Mr. White to Mr.
Harrison.
Rockville, Ind., March 18, 1884.
Sir: Herewith I send you the affidavit of John
G. Foichat, of our county, which will fully explain itself.
Mr. Foichat feels deeply aggrieved over his treatment and wishes such
redress as is proper in such cases.
He knew of no better way than setting forth the facts by way of
affidavit, and also having several citizens who knew him to unite in a
request to the Secretary of State to take action in the matter, and then
forwarding the papers to yourself and respectfully ask you to lay the
matter before the Secretary. He is aware that your time is absorbed by
your duties in the Senate, but he fully believes you will be interested
in a matter of this character so much as to excuse a trespass upon your
time, and will place the case with the proper authorities.
Yours, &c.,
[Page 147]
State of Indiana,
County of Parke, ss:
John B. Foichat, being duly sworn, on oath says: That he is a
resident of said county and State since the — day of —, 1875; that
he was born in Bordeaux, department of Savoi, in France, on the 4th
day of January, 1853; that he emigrated to the United States of
America when he was the age of 17 years, since which time he has
been a resident of said United States, and of said State of Indiana
the time above mentioned; that afterwards, to wit, on the 1st day of
May, 1883, with intent of making said United States his future home
and of becoming a bona fide citizen thereof,
he did, at the April term of the circuit court of said county, make
proof and take the oath of allegiance required by law, and at said
time made oath to support the Constitution of said United States,
all in due form of law; that thereupon there was issued to affiant,
under the hand of the clerk of said court and the seal thereof, a
proper certificate of said facts and of his becoming a naturalized
citizen of said United States as aforesaid; that afterwards, to wit,
on the 20th day of August, 1883, affiant desiring to visit his
birth-place and his parents, who still reside there, and other
relations who also resided there, there was issued to him in due
form of law, from the office of Secretary of State of said United
States, a “passport” which recited, among other matters, that
affiant was a citizen of said United States, and requested all whom
it might concern to freely pass affiant, and in case of need to give
him all lawful aid and protection; that thereupon affiant, upon the
27th day of September, 1883, visited said town of Bordeaux and his
said relatives; that being there for such purpose and none other and
conducting himself lawfully and peacefully, he was, without cause,
on the 22d day of November, 1883, at said town, arrested, by certain
officers in the service of said Government of France, for the
alleged reason of his failing to respond, when he came 21 years of
age, to a demand of said Government to do military duty as required
by said Government of her subjects. Affiant says that at said time,
to wit, on the said 22d day of December, 1883, he made exhibit to
said officers of his said passport and naturalization papers, and
demanded to be passed, respected, and protected as a citizen of the
United States, but that said officers did not respect his rights as
such citizen, but, upon the contrary, and notwithstanding such
demand and papers and passport, maintained said arrest and retained
said passport and papers and thrust him in the military prison at
Chamberry, in said department; that he was required to remain in
said prison for a period of two days and three nights; that
thereupon certain other officers of said Government put hand-cuffs
upon affiant and took him to the military prison at Grenoble, in
France, for the purpose of being court-martialed upon said charge of
failing to respond for military duty as aforesaid; that thereupon
they took from affiant all articles of value and then incarcerated
him in a cell in said prison and kept him there for a period of four
days upon coarse prison fare, and was not allowed to purchase any
article of food such as he desired, but such request was denied;
that thereupon he was released through the interposition of the
consul of said United States at Lyons, to wit, Hon. B. F. Peixotto,
consul at said place, upon the ground and for the reason that
affiant was at the time of said arrest and imprisonment a citizen of
said United States, as aforesaid; that during said imprisonment last
mentioned he was allowed no reasonable time to communicate with said
consul as to his release, but such privilege was delayed as long as
possible; that no proper effort was made by said officers or other
proper authorities of said Government of France to investigate said
facts touching his said citizenship, and that they utterly failed to
respect said papers and passport as they of right should have
done.
Wherefore affiant says that his rights and dignity as an American
citizen was disregarded and insulted by said Government of France by
Reason of the acts in the premises, and he humbly appeals to his
Government and prays that such steps may be taken in the premises as
will best cause due reparation be made by said Government of France
for her acts above stated, to the end that the citizenship of
affiant be respected and upheld, and for the dignity and protection
of American citizenship in the future.
Subscribed and sworn to before me this 1st day of
March, 1884.
ELWOOD HUNT,
Notary Public, Parke
County, Indiana.
The undersigned citizens of Rockville, Parke County, Indiana, would
respectfully represent that John B. Foichat, whose affidavit is attached
hereto, is a citizen of this county and is of good repute for honesty
and sobriety, and whose general reputation in all respects is good.
He has lived in our county a good many years, and has been a peaceable,
industrious,
[Page 148]
and law-abiding
citizen. We unite most heartily in requesting such action as may be
proper in such cases to be taken in his case, to the end that justice
may be done him.
Your obedient servants,
- A. F. WHITE,
Attorney-at-Law. - E. HUNT,
Attorney-at-Law. - EDWIN F. HADLEY,
County
Auditor. - J. N. M. CAMPBELL,
County
Treasurer. - J. M. DUNWIDDIE,
Deputy County
Treasurer. - WM. J. WHITE.
- F. H. BARNES.
- SAM’L W. SMITH.
- F. M. HOWARD,
Prosecuting Attorney
Twenty-second Circuit, Indiana. - D. STROUSE,
Clerk Parke Circuit
Court. - FRANK WHITE,
Deputy Clerk Parke
Circuit Court. - M. W. MARSHALL,
Trustee Adams
Township. - CLINTON MURPHY.
Hon. Fred’k T. Frelinghuysen,
Secretary of State, U. S. A.
