File No. 851.4054/8
The French Ambassador (
Jusserand
) to
the Secretary of State
[Translation]
Washington
,
January 26, 1918.
[Received February l.]
Mr. Secretary of State: The sojourn in French
territory of American troops which must be expected to involve ever
growing numbers and to last for a time to which no limit can be set has
led my Government to consider the necessity of taking in accord with the
Federal Government measures calculated to prevent the difficulties that
may arise and the serious troubles that may result from irregular
marriages of French women to soldiers of the American Armies in
connection with the existing exceptional circumstances.
The French Minister of Justice has drawn the special attention of the
Minister of Foreign Affairs of the Republic to the interest which
attaches to arriving without further delay at an agreement between the
two Governments regulating the formalities to be fulfilled by American
soldiers wishing to marry French women in French territory during the
hostilities.
Taking into account the discrepancies that may be found in the marriage
laws of the several States of the Union together with the fact that the
mobilized American forces are placed under one military command my
Government would deem it necessary to have the question settled by means
of a military measure ordered by the Commander in Chief of the American
Armies and enforceable on all the men belonging to the said Armies.
In this respect the French Government would be interested in knowing
whether marriages of American soldiers are subject to the previous
assent of corps commanders, and whether and how banns must be previously
published in America. It would further deem it very desirable to obtain
from the Federal Government guarantees on this point equivalent to that
furnished, in the case of a British soldier for instance, by the
“statutory declaration” to which very severe penalties are attached by
the penal law of the United Kingdom in addition to the penalties
provided by the Army regulations.
[Page 762]
In order to facilitate as far as possible the Federal Government’s
examination of this important question, I have the honor to forward
herewith to Your Excellency copies of the arrangements arrived at on the
subject by the French and English authorities, viz.:
- 1.
- The note written to the Ambassador of France at London by the
Secretary of State for Foreign Affairs of the United Kingdom
under date of June 19 last;
- 2.
- The general order issued by the Field Marshal in Chief Command
of the British Armies in France under date of June 4,
1917.
These two papers contain the essential parts of the agreement concluded
on this point by the French and English Governments.
I will however add that it was further agreed:
- 1.
- That the contemplated provisions should apply not only to the
British soldiers of the European Army but also to those of the
British Colonial Armies.
- 2.
- That with respect to the customary certificate delivered in
due course by diplomatic or consular officers, its necessity did
not seem so imperative, considering the value of the papers
which British soldiers must henceforth produce.
- 3.
- That, among the said papers, a certificate of baptism may
validly take the place of a certificate of birth when Scotch and
Irish soldiers are concerned, under the provisions of their own
local law.
- 4.
- Finally, and this on the request of the British Government,
that copies of marriage certificates issued by the French
authorities when the parties are French women and British
soldiers shall be regularly and as promptly as possible
furnished by the French Minister of the Interior to the Minister
of Foreign Affairs of the Republic who will deliver them through
the Embassy of France at London to the Foreign Office.
I shall be very thankful to Your Excellency if you will kindly acquaint
me with the Federal Government’s views and disposition as to settlement
of this question which is one of very great interest to the Government
of the Republic.
Be pleased to accept [etc.]
[Enclosure—Translation]
The British Secretary of State for Foreign
Affairs (
Balfour
) to
the French Ambassador at London (
Cambon
)
Excellency: Referring to M. de Fleuriau’s
memorandum of the 2d instant relative to marriages in France between
British soldiers and French women, I have the honor to transmit
herewith to you for the information of Your Excellency’s Government
a copy of the general field order issued on the subject by the Field
Marshal in Chief Command of the British Armies in France. It will be
seen [Page 763] oil perusal of the
document that a statutory declaration and not an affidavit is
required of the soldier who wishes to marry. The said declaration is
the form provided by the law of England for cases like those under
consideration and the adoption of this procedure would afford the
same safeguard as would be fixed in an affidavit in cases where it
could be resorted to.
I have been advised that no regulation form is prescribed for the
certificate of the officer in charge of records. That certificate,
as I have had the honor to inform Your Excellency by my note of
January 31 last, is the one that will best fit the peculiar
conditions of each individual case and it will be drawn up in
accordance not only with the declarations entered in the soldier’s
personal record but also the information that may be at the disposal
of the officer in charge of records. That is the reason why the form
of the certificate may vary according to circumstances and why the
adoption of a fixed regulation form to be used in every case would
very likely seem to be apt rather to lessen the value of those
papers.
I have [etc.]
For the Secretary of State:
W. Langley
[Subenclosure—Translation]
General Field Order of Field Marshal Sir
Douglas Haig, Commander in Chief,
British Armies in France
General Headquarters
,
June 4, 1917
.
marriages between british soldiers and french
women
A soldier wishing to do what is necessary in order to marry a French
woman shall:
- 1.
- Immediately notify the officer in command of his unit who
will then take the action herein below specified;
- 2.
- Obtain a copy of his birth certificate;
- 3.
- Obtain a certificate showing that the banns have been
published at his usual residence in England;
- 4.
- Make a statutory declaration as provided by the Act of
1835 in which he will affirm that he is legally competent to
contract marriage.
This declaration may be made before a justice of the peace, a notary
public or an oath commissioner. There is an oath commissioner at the
General Headquarters, at the headquarters of each army and a list of
available officers who are justices of the peace shall be kept at
the headquarters of every division and base.
The declaration shall be drawn up as follows:
I the undersigned (names and surname of the declarant)
solemnly and sincerely declare that I am unmarried and
legally competent to contract a valid marriage and I make
this solemn [Page 764]
declaration believing it in my soul and conscience to be
true and in accordance with the Act of 1835 relative to
statutory declarations.
Declared at _ _ _ _ _ _ this _ _ _ _ _ _ (day of the week and
month) of _ _ _ _ _ _ _ 19 _ _ _.
Before me (names and surname of the officer, justice, notary
or commissioner before whom the declaration is made).
(Signature of the said officer)_ _ _ _ _ _ _ _
_
(His office)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_
The person before whom the declaration is made shall ask the
declarant:
Are these your names and handwriting?
You solemnly and truly declare that the contents of this
document which is your declaration are stating the
truth.
The officer in command of the unit, immediately upon receiving notice
of the contemplated marriage will instruct the D.A.G. 3d echelon who
will inquire of the officer in charge of records whether he has any
information showing that the soldier concerned is already married.
The D.A.G. 3d echelon will report the result of his inquiry to the
officer in command of the unit.
The officer in command of the unit will then send:
- 1.
- The report of the D.A.G. 3d echelon;
- 2.
- The soldier’s certificate of birth;
- 3.
- The certificate obtained by the soldier as to the
publication of the banns;
- 4.
- The soldier’s statutory declaration;
- 5.
- A translation of the several documents above named
certified to be true by an interpreter officer;
to the Republic’s attorney of the district in which
is the commune where the marriage is to be solemnized.
The Republic’s attorney will arrange the particulars of the marriage
ceremony with the mayor of the commune where it is to take
place.