File No. 851.4054/21
The French Ambassador ( Jusserand) to the Secretary of State
[Received July 31.]
Mr. Secretary of State: I have had the honor, by letter of May 26,1 of calling the attention of Your Excellency to the importance that the French judicial authorities attach to having a penal sanction enacted against any soldier of the American Army having signed, for the purpose of contracting marriage with a French woman, an affidavit not conforming to the truth.
[Page 770]It appears from information furnished unofficially to this Embassy that the Federal law not providing for an oath in the matter of marriages, no punishment could be inflicted upon the soldier guilty of perjury, if the military authority does not order some special rules to that effect.
Besides, having returned to his home, the soldier, because of this, would escape in the present state of legislation, the Federal jurisdiction, and would only be amenable to the jurisdiction of the State where he resides, in the eyes of which the recording of the marriage on the military registers would not constitute necessarily an indisputable proof of the union contracted in France; the prosecution even on the charge of bigamy would be, by that, made difficult. Under these conditions the soldier being guilty of a false oath and having thereby contracted a marriage which might not be recognized as valid would have a chance to escape all punishment, which would only be an encouragement to do wrong.
From that which has been indicated to me the only efficacious means to remedy this state of things would be the adoption by the Federal Congress of a new legislative provision enacting a penal sanction against the soldier having produced a false affidavit.
Under these conditions, and by order of my Government, I have the honor to have recourse to Your Excellency’s courtesy in order that taking into account these considerations you will kindly, on the one hand, move the military authorities to adopt special rules providing some disciplinary penalties against any soldier making a false oath in his affidavit, and on the other hand, introduce in the Federal Congress a bill permitting the prosecution, on his return to the United States, of any ex-soldier guilty of perjury in connection with his marriage.
Please accept [etc.]
- Not printed.↩