File No. 811.203/10
The French Ambassador (
Jusserand
) to the
Secretary of State
[Translation]
Washington
,
October 1, 1917
.
[Received October 5.]
Mr. Secretary of State: My Government wishes me to
draw Your Excellency’s attention to the advantage there would be,
considering the growing number of American soldiers in France, to conclude
at the earliest possible date an agreement between our two countries on the
question of penal military jurisdiction.
It occurs to it that the simplest and quickest solution could be found in the
reproduction, mutatis mutandis, of the text of the
declaration signed by France and England to settle the same question between
themselves on December 15, 1915.
I have the honor to enclose the French and English texts1 of that instrument and I should be thankful to Your Excellency if
you [Page 735] would let me know at your
earliest convenience whether its terms meet with your approval. If so I
would cable to the Minister of Foreign Affairs of the Republic who would
exchange with the American Ambassador at Paris the notes sanctioning the
agreement.
Be pleased to accept [etc.]
[Enclosure]
Declaration of the British and French Governments
[undated]
His Britannic Majesty’s Government and the Government of the French
Republic agree to recognize during the present war the exclusive
competence of the tribunals of their respective Armies with regard to
persons belonging to these Armies in whatever territory and of whatever
nationality the accused may be.
In the case of infringements committed jointly or in complicity by
individuals belonging to these two Armies, the French authors or
accomplices shall be handed over to the French military jurisdiction and
the British authors or accomplices shall be handed over to the British
military jurisdiction.
The two Governments further agree to recognize during the present war the
exclusive competence in French territory of French justice with regard
to foreign persons in the British Army who may commit acts prejudicial
to that Army, and the exclusive competence in British territory of
British justice with regard to foreign persons in the French Army who
may commit acts prejudicial to the said Army.
Note. The above declaration should be
considered as having been published in the London
Gazette of the 15th December 1915.
