811.04551/24
The Secretary of State to the Ambassador in France (Herrick)
Sir: The Department has received your despatch No. 6327 in regard to the proposed convention between the United States and France relating to letters rogatory and has noted your explanation of the reason for the disinclination of the French Government to conclude a convention along the lines of the draft submitted by this Government.
Note has also been taken of the statement of the Foreign Office reported in your despatch that a convention regarding letters rogatory might be concluded between the United States and France similar to the convention concluded between France and Great Britain on February 2, 1922, a copy of which accompanied your despatch under acknowledgment. It is observed that Article 6 (d) of the Convention above mentioned contains the following provision:
“The judicial authority to whom the ‘commission rogatoire’ is addressed executes it by the use of the same compulsory measures as would be applied in the case of a commission emanating from the authorities of the State applied to or a request to that effect made by an interested party in the territory of that State.”
It appears difficult to reconcile the above quoted provision with the statement made by the Foreign Office and reported on page two of your despatch:
“That persons could not be obliged to give testimony even though they be called before a competent judicial authority. Consequently, a convention providing for the execution of letters rogatory could not be made any more effective than the existing practice of transmitting letters rogatory through the diplomatic channel for examination in the usual way.”
One of the principal purposes sought to be accomplished by this Government by the conclusion of a convention regarding letters rogatory between the United States and France is to obtain compulsory judicial process against any witness in France who refuses voluntarily to testify under letters rogatory. In order to determine whether this purpose would be accomplished by the conclusion of a convention similar to the convention concluded between France and Great Britain, the Department desires to ascertain the “compulsory measures” referred to in the provision of the convention above quoted which are resorted to by French courts in executing a “commission rogatoire” emanating from the authorities of France, and you are accordingly requested to endeavor to obtain that information as soon as possible.
I am [etc.]