Mr. Dudley to Mr.
Hay.
American Legation,
Lima,
Peru, March 28,
1904.
No. 885.]
Sir: Referring to my No. 879, of the 5th
instant, I have the honor to inclose herewith a copy of my note to the
Peruvian foreign office, acknowledging, with the addition of certain
observations, the receipt of the governmental resolution that requires
certificates of celibacy to be presented by foreigners before they may
be married in Peru. It has become clear to the Government that the
resolution was ill advised, and it is altogether probable that it will
be repealed as soon as the answers of the legations have been received
and referred to the ministry of justice, for which purpose the foreign
minister requested us to no longer delay our acknowledgments, as he had
previously desired.
Trusting that the tenor of my note may meet your approval, I have,
etc.,
[Inclosure.]
Mr. Dudley to
Doctor Pardo.
American Legation,
Lima,
Peru, March 26,
1904.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s note, No. 8, of
February 12, 1904, and the supreme resolution that accompanied it.
The object of the resolution, as understood at this legation, is to
lessen the number of bigamous marriages, in which, it is to be
inferred therefrom, foreigners of unknown antecedents have been
concerned in this country; it being accordingly required, with a
view to their prevention, that as a condition to the performance of
the marriage ceremony between foreigners, or between a foreigner and
a Peruvian, the civil and ecclesiastical authorities shall exact a
certificate of celibacy (certificado de solteria) issued by the
legation or consulate of the country to which the foreigner may
belong.
In view of the salutary end sought to be attained by the resolution,
I regret not to be able to assure your excellency of the readiness
of this legation and of the United States consular officers in Peru
to comply with its requirements. While I assume it is true that the
legation which has manifested the most active interest in the
issuance of the resolution would have no difficulty in furnishing
the required certificates in proper cases to its citizens, I
perceive that this legation would be constrained to refuse them upon
the application of American citizens because of the inherent
impossibility of their producing satisfactory proof upon which to
base the certificate. Touching the authority of our consular
[Page 690]
officers in the premises,
the United States Consular Regulations contain the following:
“Consular officers are not competent to certify officially as to the
status and ability to marry of persons domiciled in the United
States and proposing to be married abroad.” The reason of this rule
is equally applicable, in my opinion, to diplomatic agents of the
United States.
From the foregoing, it is obvious that the resolution in its
operation would discriminate as between foreigners of different
nationalities.
I also respectfully submit that it would debar, all foreign widowers
and widows from marrying in Peru, since no legation or consulate can
correctly certify that a widower is a bachelor or a widow a
spinster.
I have forwarded a copy of the resolution to the Department of State.
My views are, of course, subject to its approval. I expressed them
to your excellency orally at once because I desired to avert the
possible inconvenience and hardship my fellow-citizens might suffer
from my delay.
Be pleased, etc.,
