No. 106.
Mr. Washburne to Mr. Fish.
Paris, March 18, 1873. (Received April 9.)
Sir: Since the passage of the new military law in France many questions must arise in regard to persons claiming to be citizens of the United States. As every Frenchman is now held to military service, applications are being made to the legation by young men, who have been treated and considered as Frenchmen, to declare themselves Americans and to receive American passports. The last case is that of Madame Pepin, who applies on behalf of her son, a young man eighteen years of age, to have some papers from the legation stating that he is an American citizen, and is to be protected as such. His case is as follows: John Pepin, the husband and father, was a Frenchman by birth. When a young man he emigrated to the United States, was educated in Kentucky, and became a naturalized citizen, residing in New Orleans. In 1850 he returned to France, leaving some property in New Orleans, which is still held by his family, he having died several years ago. After his return to this country he married a Frenchwoman, by whom he had a daughter, now twenty years of age, and the son above spoken of. He never returned to the United States to live, but made France his residence up to the time of his death. The boy in question has never been to the United States, though the mother and daughter went there two years ago, and the mother obtained a passport from the State department as an American citizen. She says that the boy got a passport two years ago from the United States minister in London, but that he had lost it.
The question arising from this state of facts is, whether this son is a citizen of the United States, and the Government bound to protect him as such, and particularly against the claim of the French government for military service. My own judgment is, that he has no right to claim protection as a citizen of the United States, and that our Government is not called upon to intervene in his behalf. I have therefore declined to do anything in the matter, unless under special instructions from you.
There is another case in regard to which I would like to have your opinion: A man and his wife, Americans by birth, came to Paris forty years ago, and have lived here ever since. This has become their permanent home, and they have never had any intention of returning to the United States. Several of their children have been born here, and have never been to the United States, and never expect to go, and never want to go. The question is, are these children citizens of the United States, and is the Government of the United States bound to protect them as such?
I have, &c.,