No. 358.
Mr. Marsh
to Mr. Fish.
Rome, March 19, 1875. (Received April 12.)
Sir: Since the receipt of your instruction No. 458, dated January 19 1875, no American citizens residing in Italy have, to my knowledge, proposed to contract marriages with each other. There have, however been some cases within the year in which an American citizen residing in Italy has married a foreign husband or wife, but the legation has not been asked to sanction the marriage or in any way participate in the ceremony.
I have heard of one or two cases where an Italian citizen and an American citizen residing in Italy, not finding it convenient to comply with the requirements of Italian law, have repaired to Switzerland, where it is said that the forms are simpler, been married there, and returned to Italy to reside. I do not know that the validity of such marriages has been questioned, but I should certainly not have advised recourse to that method of celebrating a marriage.
The instruction is so full and clear that cases are not likely to arise which will occasion embarrassment to the legations; but I have been asked how the blanks in the consular certificate are to be filled. In the case of a marriage celebrated before an American consul by a foreign Protestant clergyman, the consul, I think, would hardly be justified in certifying that the marriage was solemnized by the Rev. A. B., a clergyman authorized by the laws of Italy to perform such ceremony, because there is no express provision on the point in the Italian code, though I am assured that such a marriage between American citizens would be held legal here. A certificate of marriage between an American citizen and an Italian woman in which the consul had stated that the ceremony was performed by A. B., a (foreign) Protestant clergyman, authorized by the laws of Italy to perform the ceremony, was brought to me for what is called here legalization; but I greatly doubted the validity of the marriage, and refused the attestation.
In case the question should arise in a marriage between American citizens, I should, unless otherwise instructed, incline to advise that the blank be filled with “laws of the United States,” rather than “laws of Italy;” or, if not disapproved by the Department, that the words “authorized by the laws of to perform the ceremony” be omitted altogether.
I have, &c.,