No. 372.
Mr. McLane
to Mr. Bayard.
Legation of
the United States,
Paris, March 7, 1888.
(Received March 19.)
No. 566.]
Sir: In compliance with the request expressed in
your No. 302, of February 24, I send you copies of my note asking for the
discharge of John Fruchier and of Mr. Flourens’s reply, with a translation
of the same. You will observe that this reply is almost word for word
identical
[Page 523]
with the one made in the
case of Arbios, a copy and a translation of which were forwarded with my No.
391, of April 14, 1887. Many other dispatches from the French office,
couched in the same language, can be found in the correspondence of this
legation with reference to American citizens of French origin called to
perform military service in France, all of which have been duly forwarded
and commented upon by this legation.
I agree with you that the case of Fruchier is one of those well adapted to
test the question of the right of American citizens of French parentage to
visit France without being subjected to forced military service. The
question has been plainly and fairly put to the French Government in my note
of January 11, to which no answer has yet been made, and in which, as you
can see by referring to it, I have formally demanded the discharge of
Fruchier and Arbios.
The copy of your No. 298, which I left with Mr. Flourens, has, I trust,
strengthened my position; but, for the reasons stated in my No. 560, I did
not feel myself authorized to make a new demand for the release of these two
men, and until a reply is received to my demand of January 11 I do not
believe that it is advisable to press the matter.
I have, etc.,
[Inclosure 1 in No. 566.]
Mr. McLane to Mr.
Flourens.
Legation of the United States,
Paris, May 5,
1887.
Sir: My Government having been informed that
John Fruchier, an American citizen, residing in the State of Nevada, has
been arrested while traveling in France and incorporated in the French
army, I am instructed to ask that your excellency will kindly take the
necessary steps to liberate this American from French military service
John Fruchier was naturalized on the 16th of October, 1880. His arrest
took place at St.-Martin-d’Entrennes (Alpes-Maritimes) on the 24th of
December, 1886, and maintained until January 22, 1887. He was then
conducted to Cahors and enrolled in the seventh regiment of infantry,
second battallion, second company.
I avail, etc.,
[Inclosure 2 in No.
566.—Translation.]
Mr. Flourens to Mr.
McLane.
Sir: On the 5th May, you did me the honor of
writing to me with the view of obtaining the release from military
service of John Fruchier, French by origin, American by naturalization
in 1880, who, having lately returned to our territory, was arrested and
enrolled in the seventh regiment of infantry.
The minister of war, to whom I hastened to transmit this request, informs
me that the interested party, after having undergone the punishment of
eight days of prison to which he was condemned on the charge of
disobedience to orders, the 14th January last, by the court-martial of
the fifteenth army corps has been in fact enrolled under our flag.
General Ferron adds that the claim made in Fruchier’s behalf raises a
question of personal status which the administration is not competent to
decide and which the civil courts are alone in a position to settle;
this young man, therefore, can only be struck off our military rolls
upon the production by him of a judgment rendered by a French court of
justice and recognizing in him the status of a foreigner.
Accept, etc.,
