No. 408.
Mr. McLane
to Mr. Bayard.
Legation of
the United States,
Paris, October 4, 1888,
(Received October 15.)
No. 684.]
Sir: I inclose herewith a copy and a translation of
a decree concerning aliens residing in France, which was issued on the 2d
instant, and which has created quite a sensation in the large foreign
population of his city. It obliges every alien residing or intending to
reside in France, either permanently or for a certain length of time, to
register, within fifteen days or a month, according to circumstances, and to
furnish evidence of his nationality. Travelers are exempted from this
formality. Aliens domiciled in France having already complied with this
regulation are also excepted from the operation of the order, but it should
be noted that according to French law there is a great difference between
residence and domicil. One may be residing for twenty years in France
without having a domicil, whereas the right to domicile can be obtained
immediately after arrival in France. Formerly there were important
differences between the alien residing in France who had not obtained the
right of domicil and the one who had. At present the difference is slight.
For instance, the latter can have charge of a primary school; the former can
not. The ordinary alien can be summarily expelled; the other can not. The
judicatum solvi bond is exacted from the former
and not from the latter.
By referring to the decree you will see that the statement required from each
alien as to his nationality, date, and place of birth is to be supported by
papers or documents. Exactly what kind of documentary evidence will be
required does not appear, but a passport, I suppose, will be asked for in
each case. I anticipate, therefore, that a great number of applications will
be made for passports by Americans residing in France, and that these
applications will increase the embarrassment under which this legation is
now laboring with reference to this matter, especially as to applications
for passports from native or naturalized Americans residing in France who
have at present no domicil or occupation in the United States, and who may
belong to either of the following categories.
Those who have no intention of returning to the United States.
Those who can not state whether they will do so or not.
Those who have the intention of returning home but who are unable to say
when.
According to the instruction now in force passports-would certainly be
refused to all those belonging to the two first classes and perhaps to the
third. But as such refusal may involve serious consequences to many
respectable Americans, such as fines and expulsion, I have deemed it my duty
to call your attention to the subject.
I have, etc.,
[Page 559]
[Inclosure 1 in No.
684.—Translation.]
the minister’s report.
The statistical returns show that the number of foreigners residing in
France, already considerable—is continually on the increase, owing to a
progressive movement of immigration from neighboring countries.
This state of things has appeared to me to call for the special attention
of the government, and I have arrived at the conclusion that, as is
already done by most other nations, it has become necessary to enable
the Administration to become cognizant of the conditions under which
foreigners come to establish themselves on our soil.
To this end I have the honor to submit for your signature the subjoined
decree, whereby foreigners already established in France, as well as
those who may take up their residence here in future, are required to
make to the local authorities a declaration of their identity and
nationality, and produce documents in proof thereof. This requirement
can afford no ground for legitimate protest on the basis of our treaty
obligations, inasmuch as the fulfillment of the prescribed formalities
will be accompanied by no charge or tax of any kind. Moreover, it must
of course be clearly understood that these regulations will apply only
to foreigners definitively domiciled in France or who propose making a
long stay, so that persons, visiting the country on business or pleasure
will be in no way affected.
[Inclosure 2 in No.
684—Translation.]
the presidential decree.
Art. I. Every foreigner not admitted to
domicile, but who purposes taking up his residence in France, must,
within fifteen days of his arrival, make, at the mairie of the commune
in which he intends to establish himself, a declaration setting
forth:
(1) His family and baptismal names, as well as those of his father and
mother; (2) His nationality; (3) The place and date of his birth; (4)
His last place of domicil; (5) His profession and means of existence;
(6) The name, age, and nationality of his wife and children under age
when he is accompanied by them.
He mast produce all necessary documents in support of his declaration.
Should he not possess these documents, the mayor may, with the approval
of the prefect of the department, accord him a delay in order to procure
them.
A formal receipt in acknowledgment of this declaration will be delivered
without charge.
Art. II. In Paris the declaration must be
addressed to the prefect of police, and in Lyons to the prefect of the
Rhône.
Art. III. In. case of a change of residence, a
fresh declaration must be made before the mayor of the commune where the
foreigner has elected his new domicil.
Art. IV. Foreigners actually residing in
France, but who have not been admitted to legal domicil, are allowed a
month to comply with the foregoing regulations.
Art. V. Infractions of the formalities
established by the present decree will be subject to the penalties of
“simple police,” without prejudice to the right of expulsion possessed
by the minister of the interior in virtue of the law of the 3d of
December, 1849.
Art. VI. The president of the council and
minister of the interior are intrusted with the execution of this
decree. Given at Paris the 2d of October, 1888.
The President of the Republic signed the decree, in accordance with the
premier’s report.
