811.111 Zizianoff, Nina Princess
The Chargé in France (Whitehouse) to
the Secretary of State
[Extract]
Paris, January 13,
1928.
[Received January 27.]
No. 8215
Sir: With reference to the Department’s
Instruction No. 2526 of December 1, 1927 … I have the honor to transmit
herewith a copy and translation of the reply of the French Ministry for
Foreign Affairs to the note which I sent on December 15, 1927, in
compliance
[Page 857]
with the
Department’s aforementioned Instruction, regarding the suit brought by
Princess Zizianoff against Mr. Donald F. Bigelow.
. . . . . . . . . . . . . .
I have [etc.]
[Enclosure—Translation]
The French Minister for Foreign Affairs
(Briand)
to the American Chargé (Whitehouse)
Mr. Chargé d’Affaires: My Department has
given the greatest attention to the information and arguments
contained in your letter of the 15th of last month relative to the
case of Princess Zizianoff against Mr. Bigelow. It has not failed up
to the present time to acquaint the Attorney General near the Seine
Correctional Court and the Attorney General near the Paris Court of
Appeals with the texts and reasons invoked by your Embassy to
contest the competence of French jurisdiction in the case in
question, but it also, as was its duty, had to notify these High
Magistrates of the interpretation which the French Government gives
to Articles 2 and 12 of the Franco-American Consular Convention of
February 23, 1853, an interpretation which is binding upon the
French courts in matters of public international law.
Respectful of the principle of the separation of powers, the Ministry
for Foreign Affairs refrains from any observation whatsoever
regarding the grounds of the case. As to competence, it can only
intervene in order to fix the interpretation of certain provisions
of the Consular Convention of 1853; in this regard, please allow me
to point out that the opinion of the French Government agrees with
that of the American Government concerning consuls being amenable to
the local jurisdiction, except as regards official acts. Now,
Princess Zizianoff is suing Mr. Bigelow for defamation through the
press; as defamation cannot be considered as an official act, there
is no doubt but that the case is within the competency of the French
courts.
In those circumstances, my Department does not believe that it is
possible for it to modify the position which it has taken in this
matter.
Accept [etc.]
For the Minister for Foreign Affairs and by delegation
The
French Ambassador, Secretary General:
Berthelot
