File No. 6878/5.
Ambassador Tower to the Secretary of State.
Berlin, September 23, 1907.
Sir: I have the honor to acknowledge the receipt of Mr. Bacon’s dispatch No. 693, of the 7th of August, 1907, in which he inclosed to me a copy of a dispatch from the American consul at Tsingtau [Page 524] regarding the methods to be pursued in cases of marriages between Americans in Germany or on German territory.
The general question, which invariably presents itself in cases where American citizens temporarily residing in Germany wish to be married, is that in regard to the fulfillment of the provisions of the German law relating to the validity of a marriage contract. In order to safeguard the legality of a marriage in Germany, the statutes provide for certain forms of certificates, amongst which is, in addition to a certificate of birth and one of baptism—
a certificate which must be shown in the case of aliens wishing to marry here, setting forth that no impediment exists to such marriage under the laws of the country to which such aliens belong, and this certificate must be attested by a diplomatic or consular officer of the German Empire.
This certificate must be presented to the official (standesbeamter) authorized legally to perform the civil ceremony of marriage, which is required by law in Germany and is a condition precedent to the performance by the standesbeamter of such civil marriage; and no clergyman or minister of the gospel can perform the religious ceremony of marriage in Germany without having a certificate in due form issued by the standesbeamter, and setting forth that the civil contract has been entered into before him in due form of law.
As American citizens are unable to present the certificate required here, setting forth the fact that there is no impediment in their own country to their entering into a marriage contract, because, so far as is known, the laws of the United States and of the several States do not provide for the issuance by any magistrate of such a certificate, there is apparently no way at present by which the requirements of the German law can be met by American citizens. It has occurred, however, upon one or two occasions recently that the Prussian minister of the interior has used the authority which resides in him to grant a dispensation under which the standesbeamter is empowered to certify to the civil contract of marriage, without the obligation upon the part of the alien contracting parties to exhibit a certificate from a magistrate in their own country, setting forth that there is no impediment to their entering into a marriage; and in these particular cases American citizens have been legally married in Berlin. The minister of the interior has admitted this procedure, however, only upon representations which have been made to him personally by the contracting parties, which have been sufficient to satisfy his mind. It is an exceptional method and could not be adopted or relied upon as a rule of action in such cases hereafter.
In reply to Mr. Bacon’s instructions to me, that—
the department will be glad if you will consider the questions involved and report as to the advisability of bringing the matter informally to the attention of the German Government, with a view to arriving at some satisfactory solution of the difficulties presented.
I beg leave to offer it as my opinion that an understanding might be reached upon this point with the Imperial German Government, provided it could be authoritatively shown by a communication from the honorable the Secretary of State that there is no law in the United States which authorizes any magistrate or other officer to issue a certificate setting forth that no impediments exist in any specific case to the entering into a marriage contract, and therefore as such a certificate is not required or provided for by American law, no authority [Page 525] exists for it and it is impossible for an American citizen to produce it. It is quite probable I think that the Imperial German Government would take such a statement into consideration and that ultimately, as a result of it, an agreement might be reached, under which American citizens might be enabled to enter into a marriage contract in Germany free from the obligation of certifying as to any impediments which may or may not exist at home.
I shall have the honor of carrying out in this respect any instructions as to approaching the German Government upon the subject which I may receive from you.
I have, etc.,