740.00111A Recruiting/37
Memorandum of Conversation, by the Chief of the Division of European Affairs (Moffat)
The French Ambassador called this morning on Mr. Hackworth and Mr. Moffat with further reference to his conversation with the Secretary of State on October 7 regarding the calling of Frenchmen to France to fulfil their military obligations.
Several points were raised:
- (1)
- The Ambassador inquired whether a notice to French citizens that their classes had been called to the colors and that they should [Page 700] proceed to France would violate our laws. Mr. Hackworth said that it would not. Many of these individuals, however, might either be physically unfit or might claim exemption on account of physical disability; would there, therefore, be any objection to their undergoing a physical examination by a doctor selected by the French Consul? Mr. Hackworth perceived no objection. The Ambassador then said that in order not to have too many individuals waiting around until transportation was available they would be free to remain at their residences until steamship accommodation was available on a French ship. As a matter of fact, third class passage is provided by the French Government though if, as is usually the case, the individual prefers to travel either tourist or first class, he must pay the difference in passage rates. Mr. Hackworth said that provided the individual was already enrolled in the French military service, the sending of a notice, the extension of a physical examination and the furnishing of transportation would not seem to conflict with American law.
- (2)
- The next point raised by the Ambassador was with regard to Frenchmen who might volunteer in advance of their call to military service. In this connection he pointed out that no French Consul can accept a volunteer or enroll him. The utmost he can do is to enable a French volunteer to take a physical examination in order that he may be spared a useless journey to France for the purpose of enlisting. Mr. Hackworth saw no difficulty on this point, it being understood that the man is at any time free to change his mind before actually carrying out his purpose to enlist.
- (3)
- The third point was whether or not there would be any conflict with our laws in the matter of calling up volunteers who had not yet been enrolled. The Ambassador explained the French system as follows: At a given date consular officers send to young men in their district letters to the effect that their class is about to be called and inviting them to give the Consul details as to their status. These details are immediately sent to the Prefect, the head of their administrative district. The Prefect in turn invites the Consul to have the young man physically examined and this report is forwarded to France to be considered by the “Conseil de Revision” which is the final authority, and which decides whether the young man is liable to military service and is to be enrolled. The positive act of enrollment thus takes place on French soil. Once this is done the Consul is ordered to invite the young man to join his military unit. Mr. Hackworth said that this procedure also seemed to him to be in consonance with American law, provided it be left entirely to the discretion of the man whether he shall respond to the invitation.
- (4)
- The Ambassador then brought up a more difficult question, namely, what should be done where the individual called to the colors possesses both French and American nationalities under their respective [Page 701] laws. Mr. Moffat explained that in other cases we had taken the position that it was quite all right for a foreign Consul to circularize or invite the registration of his nationals up to the time when they presented evidence that they were American citizens; we objected strenuously to any pressure being placed by the foreign Consul on an American. The Ambassador pointed out that should such American, who was still regarded as French under French law or who had not fulfilled his military duties under French law were to return to France serious penalties might be invoked. Mr. Hackworth hoped that the French would as a practical measure not lay themselves open to the charge of putting pressure on American citizens. The Ambassador agreed.
The final point raised was whether French citizens who were established here on an immigration visa, could return at the conclusion of their military service without entering again via the quota. Mr. Hackworth and Mr. Moffat both thought there might be serious difficulties on this score and Mr. Hackworth referred to the opinion rendered by the Attorney General in the case of some aliens who had left the country to fight in the Spanish civil strife. After some talk back and forth it was agreed that the application of the immigration law was so complicated, and presented so many angles, that it would save time and misunderstanding if the Ambassador were to send Monsieur Fiot, the French Consul here, to discuss this phase of the matter with Mr. Avra Warren, Chief of the Visa Division. The Ambassador agreed to do this.