File No. 811.203/10

The French Ambassador ( Jusserand) to the Secretary of State

[Translation]

Mr. Secretary of State: My Government wishes me to draw Your Excellency’s attention to the advantage there would be, considering the growing number of American soldiers in France, to conclude at the earliest possible date an agreement between our two countries on the question of penal military jurisdiction.

It occurs to it that the simplest and quickest solution could be found in the reproduction, mutatis mutandis, of the text of the declaration signed by France and England to settle the same question between themselves on December 15, 1915.

I have the honor to enclose the French and English texts1 of that instrument and I should be thankful to Your Excellency if you [Page 735] would let me know at your earliest convenience whether its terms meet with your approval. If so I would cable to the Minister of Foreign Affairs of the Republic who would exchange with the American Ambassador at Paris the notes sanctioning the agreement.

Be pleased to accept [etc.]

Jusserand
[Enclosure]

Declaration of the British and French Governments

His Britannic Majesty’s Government and the Government of the French Republic agree to recognize during the present war the exclusive competence of the tribunals of their respective Armies with regard to persons belonging to these Armies in whatever territory and of whatever nationality the accused may be.

In the case of infringements committed jointly or in complicity by individuals belonging to these two Armies, the French authors or accomplices shall be handed over to the French military jurisdiction and the British authors or accomplices shall be handed over to the British military jurisdiction.

The two Governments further agree to recognize during the present war the exclusive competence in French territory of French justice with regard to foreign persons in the British Army who may commit acts prejudicial to that Army, and the exclusive competence in British territory of British justice with regard to foreign persons in the French Army who may commit acts prejudicial to the said Army.

Note. The above declaration should be considered as having been published in the London Gazette of the 15th December 1915.

  1. Only the English text printed, infra.