File No. 851.4054/38
The Secretary of State to the French Ambassador ( Jusserand)
Excellency: I have the honor to refer to your Embassy’s note of June 22, 1919, in regard to the proposed bill relative to marriages of American soldiers in France, and I am pleased to note that the bill as drafted meets with the approval of your Government.
The modifications of this draft suggested by the French authorities and set forth in your note under acknowledgment have been submitted to the appropriate branches of this Government, and I [Page 778] am now in receipt of replies relative thereto. In regard to the suggestion that the affidavit provided by article 4 shall set forth all the pertinent particulars of the affiant’s civil status, it is pointed out that this amendment does not appear to be practicable for the reason that the marriage status of such soldiers and sailors as fixed by the various statutes of the States of which they may be citizens, are not uniform, and it would be difficult, if not impossible, to set forth in detail the various particulars as to the affiant’s civil status so as to include each individual case. It would appear that the general provision, “and knows of no reason why he or she may not lawfully contract matrimony,” as contained in section 4 of the said proposed draft of the bill, will satisfactorily meet the situation intended to be covered in detail by the suggested amendment.
In regard to the suggestion of the French authorities that facilities, as for instance, by the agency of Government attorneys, be granted, if possible, to French women in obtaining through the American courts the damages to which they may be entitled by reason of their consenting to marry a man who made a false declaration as to his ability to contract marriage, it is pointed out that the difficulties in affording such facilities appear to be insurmountable. Such an action instituted by a French woman would, of course, be a private action between private individuals, and her rights and remedies in the American courts would be the same, and fully equal to that of an American woman or a woman of any other nationality under like circumstances. It would appear to be wholly at variance with the practice of such courts and with the relations which exist between Government officials and litigation between individuals, for the rights of the plaintiff to be enforced through governmental agencies, and it would be wholly at variance with the duties vested by law upon Government attorneys. On the other hand it is pointed out that, of course, so far as the proposed statute in question creates an offense and provides for punishment thereof, it would be the duty of the United States attorneys representing the Government in the prosecution of other offenses, to proceed to have the offenders under the proposed statute indicted and tried as provided therein. Such prosecution would be conducted by the United States attorneys at Government expense.
I have the honor to inform you that I shall be pleased to submit the proposed draft of this bill to the chairman of the appropriate committee of Congress, if, as I understand, it meets with your general approval, but before taking this action I shall await a further communication from you.
Accept [etc.]