Mr. Dudley to Mr. Hay.

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.,

Irving B. Dudley.
[Inclosure 1.—Translation.]

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.,

Alberto Elmore.
[Page 692]

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.

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.,

Irving B. Dudley.