Office of the Historian

No. 103.
Mr. Logan to Mr. Evarts.

Legation of the United States in Central America,
Guatemala City, May 7, 1880. (Received June 7.)
No. 83.]

Sir: In order that I may have an official expression upon record in this legation, I respectfully ask:

1st.
Has a public minister or consul of the United States the legal faculty of celebrating a marriage in the District of Columbia?
2d.
Has a public minister or consul of the United States the legal faculty of celebrating a marriage in the foreign country wherein he resides, even if there be nothing in the lex loci to prohibit it?

The act of June 22, 1860, does not authorize the consul to perform the marriage ceremony, though paragraph 278 of the Consular Regulations of 1870 does so authorize him in certain cases. The British consular acts of 1840 and 1868 are specific upon the subject.

Much misunderstanding exists upon the right and duty of United States ministers and consuls to perform the marriage ceremony in foreign countries. As the subject presents itself frequently to me, I ask for an expression upon the above questions.

I have, &c.,

C. A. LOGAN.