The French Ambassador to the Secretary of State

MR. SECRETARY OF STATE,

[TRANSLATION]

EMBASSY OF THE FRENCH REPUBLIC

TO THE UNITED STATES

Washington, November 10, 1915

In reply to Your Excellency's letter of this day's date I hasten to confirm the oral assurances which I had previously given you and to the effect that my Government agrees with that of the United States to decide that the time within which the members of the Commission provided by the Treaty of September 15, 1914, are to be designated will be extended from July 22, 1915, to January 1, 1916.

The present exchange of notes is considered by my Government as sanctioning the said extension of time.

Be pleased to accept, Mr. Secretary of State, the assurances of my high consideration.

His Excellency

The Honorable ROBERT LANSING

Secretary of State of the United States.

JUSSERAND

TONNAGE DUTIES ON VESSELS

Exchange of notes at Paris November 13, 1915, and February 10,

By a Note under date of September 13th last, relative to the remeasurement of American vessels calling at French ports, for the proper calculation of tonnage dues, Your Excellency was pleased to propose a reciprocal agreement between the United States and France, whereby the French authorities would accept the measurement of American vessels at French ports, provided a similar privilege were accorded to French registered vessels calling at American ports.

The Department of State, to whom a copy of the above mentioned letter was duly transmitted, has now replied that the matter was referred to the Secretary of Commerce who, by Section 2 of the Act of August 5th 1882,1 is authorized to accept the measurement of foreign vessels in ports of the United States when the measurement laws of foreign countries and of the United States are substantially similar. The Secretary of Commerce states that his Department understands that for some time past the admeasurement

122 Stat. 300.

regulations of France have been substantially similar to the British Board of Trade rules which are, in turn, practically similar to the rules of the United States, for which reason a general letter, No. 77, was issued on August 25, 1914, accepting the tonnage of French vessels as denoted in their certificates of registry or other national papers. A copy of that letter is enclosed, from which Your Excellency will see that since its issuance, the Government of the United States has in this matter followed the course desired by the French authorities.

Nevertheless, my Government instructs me to inform Your Excellency that the Department of Commerce will be pleased to have the reciprocal treatment extended to American vessels in French ports in the form indicated by Your Excellency, namely:

"La jauge inscrite aux papiers de bord des navires français et des navires des Etats-Unis d'Amérique sera acceptée réciproquement dans les ports de France et des Etats-Unis pour la perception des droits de navigation. Toutefois si des différences importantes venaient à être constatées entre la jauge de France et la jauge des Etats-Unis, les administrations des deux pays auront l'une et l'autre le droit de rectifier le tonnage pour la perception des droits. Ces rectifications n'auront d'effet que pour le voyage au cours duquel la necessité du relèvement de la jauge aurait été reconnue et constatée".

"The measurements given in the ship's papers of French vessels and vessels of the United States of America shall be reciprocally accepted in the ports of France and of the United States for the payment of the tonnage dues. Nevertheless if important differences should be noted between the French measurements and the measurements of the United States, the administrations of the two countries shall have the right to rectify the tonnage for the payment of dues. These rectifications shall not have effect except for the voyage in the course of which the necessity of the re-measurement shall have been recognized and noted".

As this may be accomplished by an exchange of notes, I will be glad to receive Your Excellency's acceptance to the proposal I have the honor to make you herein; and at the same time, two or three copies of the latest edition of the French measurement regulations.

With assurances of my high regard, I have the honor to be, Your Excellency's most humble and obedient servant,

His Excellency

Monsieur Briand

WM. G. SHARP

President of the Council

Minister for Foreign Affairs, Paris

In answer to a letter from Your Embassy, of November 13th 1916, I have the honor to inform Your Excellency that the Minister of Finance has caused the necessary instructions to be given to the Custom House Department for the application of the Franco-American agreement upon measurement.

Your Excellency will find enclosed three copies of the circulars of the General Direction of the Custom House, relative to the decrees of June 22nd, 1904, and January 10th 1912 upon the measurement of vessels.

Kindly accept, etc.

For the Minister and by authorization,
the Minister plenipotentiary, Director

p.i.

MAURICE HERBETTE

MILITARY PENAL JURISDICTION

Exchange of notes at Washington January 3 and 14, 1918

Entered into force January 14, 1918

Extended by agreement of July 13 and August 10 and 29, 19191
Expired in accordance with its terms

Referring to your note of October 1, 1917, in which by direction of your Government you draw my attention to the advantages that would be derived from an agreement between the United States and France on the subject of penal military jurisdiction over the military and naval forces of one country while within the territory or limits of the other, I have the honor to inform you that I am authorized by the President, as Commander-in-Chief of the armed forces of the United States, to propose to you an agreement by an exchange of notes as follows:

The Government of the United States of America and the Government of the French Republic agree to recognize during the war the exclusive jurisdiction of the tribunals of their respective land and sea forces with regard to persons subject to the jurisdiction of those forces whatever be the territory in which they operate or the nationality of the accused. In the case of offences committed jointly or in complicity with persons subject to the jurisdiction of the said military forces, the principals and accessories who are amenable to the American land and sea forces shall be handed over for trial to the American military or naval justice, and the principals and accessories who are amenable to the French land and sea forces shall be handed over for trial to the French military or naval justice.

The Government of the United States of America and the Government of the French Republic further agree to recognize during the present war the