File No. 851.4054/11
The French Ambassador ( Jusserand ) to the Secretary of State
[Received April 1.]
Mr. Secretary of State: Referring to my note of January 26 last and to that which Your Excellency was pleased to send me under date of the 12th of this month on the same subject, I have the honor to submit herein below to you the bases upon which my Government deems it possible for the two Governments to arrive at an agreement relative to the marriages of French women to soldiers of the American Army.
Taking into consideration the law in force in the United States it would seem possible to relieve the Americans mobilized in France from the obligation to produce a certificate of birth and a certificate of publication of banns, in order to contract marriage in France. But in that event it would become necessary to require of American citizens desiring to marry in France an “affidavit” or declaration made under oath in which they would affirm their civil condition and capacity to contract marriage. This would correspond to the “statutory declaration” required of soldiers of the British Armies. It would be advisable to agree upon the form of such affidavits and the French Government would like to know the customary form of such documents in the United States.
[Page 766]In addition my Government is considering the necessity of asking the American military authorities to deliver to their nationals mobilized in France a “marriage license” like that in use in the United States, viz., a paper so drawn as to corroborate the statements in the affidavit and bearing on the condition and matrimonial capacity of the bearer. The point yet to be determined would be what military authority should deliver such licenses.
Finally it would seem desirable to provide for the recording in the United States of marriages contracted in France.
The foregoing outlines in the main the intentions of the Government of the Republic with respect to the formalities to be observed by American soldiers wishing to marry in France; but before reaching a final decision on the subject it would like to receive official confirmation of the fact that there is no record kept in the United States which would justify a demand on the Americans mobilized in France to produce a certificate of birth, or, failing this, a statement indicating the States where no such record exists, and also, that it is not customary to publish banns before solemnizing the marriage.
My Government would attach value to receiving an answer at the earliest possible date in order to make its final conclusions known to the American military authorities in France.
Be pleased to accept [etc.]