Mr. Dudley to Mr.
Hay.
American Legation,
Lima,
Peru, March 5,
1904.
No. 879.]
Sir: I have the honor to transmit herewith a
copy and translation of a note from the Peruvian foreign office,
together with a copy of the supreme resolution which accompanied it. The
object of the resolution is to lessen the number of bigamous marriages,
in which, it is to be therefrom inferred, foreigners of unknown
antecedents have been concerned in this country. It accordingly requires
as a condition to the performance of the marriage ceremony between
foreigners, or between a foreigner and a Peruvian, that the civil and
the ecclesiastical authorities shall exact, in addition to the evidence
of two witnesses, a certificate of celibacy issued by the legation or
the consulate of the country to which the foreigner may belong.
Upon receipt of this note I called upon the foreign minister and
explained, as touching representatives of the United States, what I
believed to be the inherent impossibility of complying with the
requirement. I may add that diplomatic and consular representatives of
other governments residing in Peru, including to my knowledge, without
having canvassed the situation, those of Great Britain and Belgium,
would feel constrained to refuse to certify to the unmarried status of
their respective subjects. I also called the attention of the Peruvian
foreign minister to section 422 of the consular regulations of the
United States, which explicitly affirms that our 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 marry
abroad; and I advised him that the reason of this rule was equally
applicable, in my opinion, to diplomatic agents of the United
States.
The foreign minister stated that it would be necessary for him to consult
with the minister of justice concerning the modification or repeal of
the resolution, and requested me not to acknowledge receipt of his note
until he communicated with me further. I told him I would forward the
resolution to the Department of State in the usual course, and that my
observations in the premises were made subject to your approval.
I have, etc.,
[Page 688]
[Inclosure
1.—Translation.]
Doctor Pardo to
Mr. Dudley.
Foreign Office,
Lima, February 12,
1904.
Mr. Minister: Some of the diplomatic agents
of friendly nations accredited to this Republic have for some time
been calling the attention of this department, either verbally or by
written communications, to the serious inconveniences which arise
from the want of facilities to prove the true civil condition of the
foreigners of both sexes who may decide to contract matrimony in
national territory.
In order to avoid the abuses arising from the insufficiency of the
proofs required hitherto in Peru, for the purpose of showing the
condition of single men or women on the part of those contracting
marriage, the French legation, in its note of September 22, 1902,
asked that every foreigner who desired to contract marriage in this
country should be obliged to present a certficate from the
respective legation in proof of his or her civil condition.
A copy of that communication and of other subsequent ones on the same
subject having been sent to the bureau of justice, recommending the
same to the preferential attention of that office, under date of
January 23 last, that bureau has issued the supreme decree, of which
I have the pleasure to hand your excellency herewith a copy.
As the bases of this resolution are amply set forth in the
considerative part of the supreme decree giving motive to the
present circular, I judge it convenient simply to limit myself to
the assertion that the said bases are identical with those which
justify and explain the similar arrangements forming part of the
legislation of some of the principal States of Europe.
[Subinclosure.—Translation.]
Ministry of Justice, Instruction, and
Worship,
Lima, January 23,
1904.
At a meeting of the supreme government, on this day’s date, the
following resolution has been issued by this bureau:
In view of these proceedings, organized on the initiative of the
ministry for foreign relation in order that a suitable resolution
should be dictated by the bureau of justice so as to avoid the
abuses committed by some foreigners who contract matrimony in the
Republic, and conceal their real civil state of married persons, or
else change their names; and considering that it is indispensable
that some measures be taken to prevent the committing of the abuses
originating in the want of correct information regarding the
foreigners who wish to contract matrimony.
That in accordance with the fifth clause of article 142, of the civil
code, the married person is absolutely forbidden to contract
matrimony while the other party to the marriage is alive.
That this regulation is applicable not only in the case of matrimony
between Catholics, in accordance with the dispositions of the
Council of Trent, but also in that between non-Catholics, in
accordance with the prescriptions of the law of December 23,
1897.
That in order to prove the state of being unmarried there must be
presented, besides the declaration of two witnesses, a certificate
issued by the legation or consulate of the country to which the
foreigner contracting matrimony may belong, as an effective means of
leaving evidence of his or her true civil condition.
In the use of the faculty granted to the executive by the fifth
clause of article 94 of the constitution of State, and in accordance
with the report of the supreme court of justice, it is hereby
declared:
- First. That for the celebration of matrimony between
foreigners or between a Peruvian and foreigner, in the
Republic, the civil and ecclesiastical authorities shall
exact, in each case, besides the declaration of two
witnesses, that there be presented a certificate of his or
her being unmarried, issued by the legation
[Page 689]
or consulate of the country to
which the foreigner may belong who desires to contract the
aforesaid matrimony.
- Second. In case of there not existing in Peru a legation
or consulate of the country of which the said foreigner is a
subject, he or she shall present a certificate of being
unmarried, issued by a competent authority of the respective
nation and duly legalized by the minister or consul of Peru,
in the territory of that nation, and in defect of these in
the ministry for foreign relations.
Of which I have the honor to send your excellency a copy, that you
may take note of the same and for any other purpose.
God guard your excellency.
Correct.
Polo, Chief Clerk of the Foreign Office.
