Mr. Dudley to Mr. Hay.

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The resolution, or decree, requiring these certificates will undoubtedly be repealed.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.,

Irving B. Dudley.
[Inclosure.]

Mr. Dudley to Mr. Gottschalk.

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.,

Irving B. Dudley.