Mr. Blaine to Mr. Denby .

No. 571.]

Sir: I have to acknowledge the receipt of your No. 1150 of the 16th of August last, in relation to the subject of your presence at the marriages of Americans in China as affecting the validity of such marriages.

Your views on the subject are approved. The statutes of the United States do not provide for the performance of the marriage ceremony, either by a minister or by a consul. It is provided that in certain cases the ceremony may be performed in the presence of the consul; but it is expressly stated in section 383 of the Consular Regulations that the statute does not authorize the consular officer to perform the ceremony, The minister is not clothed with any functions in the matter.

Such are the statutory provisions. But it has been held by the Attorney-General of the United States (7 Op., 18) that in non-Christian or semicivilized countries, in which consular courts are established, the right to celebrate marriage is incident to the judicial office; and, consequently, that consuls in such countries may solemnize the ceremony if it is the wish of the parties that they should do so.

It is, however, stated in section 386 of the Consular Regulations that even in such cases it is deemed preferable, where there is a duly qualified minister of a religious denomination whose services can be obtained, that the ceremony should be performed by him, and that the consular officer should confine himself to granting the certificate elsewhere provided for.

The pertinent provisions in regard to this certificate are found in section 389 of the Consular Regulations, and in this section it is stated that the statute “does not authorize a diplomatic officer to witness or certify to a marriage ceremony performed before him.”

Your advice to the parties who applied to you was in accordance with the rules above stated, which should be observed as far as practicable.

I am, etc.,

James G. Blaine.