811.111 Zizianoff, Nina Princess: Telegram
The Secretary of State to the Ambassador in France (Herrick)
198. Department understands hearing in Bigelow case set for July 12. Decision of Civil Court of the Seine of April 5 concerning jurisdiction seems to involve a confusion of Articles II and XII of the Treaty of 1853. Department holds that Article II, which guarantees immunity of Consuls from arrest and imprisonment except in cases of crime, in no way limits the scope of the most-favored-nation provision of Article XII, which guarantees to American Consuls in France “all the other privileges, exemptions and immunities which may at any future time be granted to the agents of the same rank of the most-favored-nation.” Regardless of Article II, Article XII guarantees to American Consuls in France the same immunities which are granted in France to Consuls of Great Britain, Greece and other foreign countries. In your discretion, after consulting Consul Bigelow, address a note to the Foreign Office to the above effect, at the same time calling attention again to decisions of French courts mentioned in Department’s telegram No. 65 of March 4,66 and ask Foreign Office to inform court. You may also call attention to statements made in your previous note concerning the note of June 19, 1909, from the French Foreign Office.