Mr. Dudley to Mr.
Hay.
American Legation,
Lima,
Peru, April 11,
1904.
No. 894.]
Sir: Referring to my No. 885, of the 28th
ultimo, and as a corollary of the legation’s note to the Peruvian
foreign office, of which a copy was therewith inclosed, I have the honor
to submit herewith to the Department a copy of a communication from this
legation to the American consul at Callao, in which I have directed him
to refrain from issuing certificates of celibacy to citizens of the
United States and to warn the American consular agents in Peru against
doing so.
The resolution, or decree, requiring these certificates will undoubtedly
be repealed.
I have, etc.,
[Inclosure.]
Mr. Dudley to
Mr. Gottschalk.
American Legation,
Lima,
Peru, April 11,
1904.
Sir: The ministry of foreign relations of
Peru has communicated to this legation a copy of an executive
resolution of this Government which requires as a condition
precedent to solemnizing marriage between foreigners, or
[Page 691]
between a foreigner and a
Peruvian, in this country, that the civil and ecclesiastical
authorities shall exact of any such foreigner a certificate of
celibacy issued by the legation or consulate of the country to which
he may belong.
In my reply to the foreign minister, dated the 26th ultimo, I have
taken the position, subject to the approval of the honorable
Secretary of State, that representatives of the United States,
diplomatic and consular, are not in position to comply with the
requirement in view both of its impracticability and the inhibition
of paragraph 422 of the United States Consular Regulations.
In case of application to your consulate for such certificates, you
will, therefore, refrain from issuing them; and you will please warn
the consular agents of the United States within your jurisdiction
likewise to refuse to issue them.
A copy of the resolution is herewith inclosed.
I am, etc.,
