Mr. Dudley to Mr.
Hay.
American Legation,
Lima,
Peru, July 23,
1904.
No. 958.]
Sir: Referring to my No. 894, of April 11,
1904, I have the honor to inclose herewith a copy and translation of a
note from the Peruvian foreign office furnishing this legation a copy of
an executive resolution indefinitively suspending the operation of the
decree which required certificates of celibacy, issued by legations or
consulates, as a condition precedent to the celebration of the matrimony
of foreigners within this country.
A copy of my acknowledgment of the foreign minister’s note is also
herewith inclosed.
I have, etc.,
[Inclosure
1.—Translation.]
Foreign Office,
Lima, July 16,
1904.
Mr. Minister: With reference to the
circular note from this ministry dated February 12 last, I have the
honor to transmit to your excellency a printed copy of the supreme
decree, issued by the ministry of justice, worship, and instruction,
under date of the 9th of the present month, suspending the effects
of the supreme resolution of the 22d of January of the present year,
which laid down new rules for the celebration of matrimony between
foreigners, or between Peruvians and foreigners contracting marriage
in this Republic.
I renew, etc.,
[Page 692]
[Subinclosure.—Translation.]
celebration of marriages.
In view of the notes of the minister for foreign relations,
accompanying copies of those addressed to his department by his
excellency the apostolic delegate, the minister of the United States
of America, and the minister resident of His Britannic Majesty,
demonstrating the difficulties which arise in complying with the
supreme resolutions of January 23 last, relative to the celebration
of marriages between foreigners, or between Peruvians and
foreigners, in the Republic.
Considering that the aforesaid difficulties can be remedied by
arrangements which can be made with the above-mentioned diplomats,
as well as with the representatives of France, at whose request the
said resolution was taken; in order that the rights of Peruvians who
contract marriage with foreigners may be duly protected, for which
purpose alone the said resolution was dictated. In accordance with
part of the opinion expressed by the attorney-general of the supreme
court of justice
It is resolved:
- First. To suspend the effects of the aforesaid resolution
of January 23 last; and
- Second. To pass on this matter to the department for
foreign relations, for the purpose already expressed.
Let it be registered and communicated.
[Rubric of his excellency.]
[Inclosure 2.]
Mr. Dudley to
Doctor Elmore.
American Legation,
Lima,
Peru, July 23,
1904.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s esteemed note of July
16, 1904, inclosing a copy of the supreme resolution of the 9th
instant, which suspends the operation of that of January 23 last
respecting the issuance of certificates of celibacy by legations and
consulates in Peru.
It affords me pleasure to acknowledge with thanks the attention
courteously given to the representation I had the honor
(coincidentally with some of my colleagues) to make of the obstacles
in the way of compliance therewith by this legation and the consular
officers of the United States in this country, while recognizing the
beneficent purpose the resolution was aimed to subserve.
Be pleased, etc.,
