The provisions of article 19 are given above, in the dispatch. [required by article 19], or when the inscription on the register shall "Referring to Minister Hanna's No. 235, May 20, 1889, reciting certain embarrassments to citizens of the United States contemplating marriage here and inclosing translation of the civil marriage law of this country of November 12, 1888, I have the honor to invite your attention to a new enactment herewith inclosed on the subject-matter, involving certain repeals and amendments whereby it will be seen that a certificate of birth or baptism, and in case of previous marriage a certificate of death, are no longer required and that a certificate of civil status is likewise dispensed with." Mr. Pitkin, min. to Arg. Rep., to Mr. Blaine, Sec. of State, Nov. 20, 1889, A translation of the new law is printed with the dispatch. Article 1 (2) BELGIUM. § 243. "I have the honor to acknowledge the receipt of your unnumbered instruction of February 8 last, addressed to the diplomatic and consular officers of the United States, on the subject of issuing certificates, at the request of American citizens proposing to marry abroad, as to the freedom of such parties from matrimonial disabilities, and as to the law of the United States regulating the mode of solemnizing marriage. I have carefully read the instruction and will strictly guide my official conduct by it. "It is, perhaps, not irrelevant in this connection to also refer to marriages which sometimes take place in the United States between Belgians and Americans, without observing the provisions of the Belgian law, the restrictions of which, as in the case of the French law, attach to the Belgian citizen even in a foreign country. This is especially so with regard to obtaining the consent of the parents, where the Belgian is under twenty-five years of age. "Several cases have already come under my observation since my residence here, where the marriage has been repudiated by one of the parties, it is always the man, because of noncompliance with the Belgian law in obtaining consent of parents. In one of these cases the marriage has been already declared void, and other cases are now pending in the courts." Mr. Tree, min. to Belgium, to Mr. Bayard, Sec, of State, April 7, 1887, A correspondent stated that, in order to enable him to marry an Illinois lady, who was residing in Belgium, the Belgian authorities demanded an official statement that the statutes of Illinois did not require the consent of parents where the parties to a marriage had reached their majority, nor the publication of banns. The Department of State replied that the power to certify as to legal requisites in the United States of a marriage celebrated abroad was not conferred on diplomatic or consular officers, either by the laws of the United States or by international law, and that such officers possessed no powers not derived from those sources. Whatever private knowledge a diplomatic or consular officer may have respecting the laws of marriage, he is not authorized to certify the same officially.” . Mr Day, Assist. Sec of State, to Mr. Reed, March 16, 1898, 226 MS. Dom. (3) FRANCE. S244. For the law of France, see Certificates of Law, supra, § 241. (4) GERMANY. § 245. By article 43 of the Prussian law for the execution of the civil code, which went into effect Jan. 1, 1900, aliens desiring to marry in Prussia must present a certificate from a competent magistrate of the country to which they belong that he does not know of any impediment under its laws to their marriage, the competency of such magistrate to issue the certificate to be attested by a diplomatic or consular officer of the German Empire. The Department of State informed the German ambassador at Washington that it was not advised of any Federal, State, or Territorial law that provided for the issuance by any magistrate of such a certificate. Mr. Hay, Sec. of State, to Mr. von Holleben, German amb., Feb. 21, 1900, April 20, 1900, the Department of State addressed to the governors of the various States and Territories a circular letter inquiring whether the courts issued certificates of competency such as are required by sec. 2 of the German imperial marriage code which went into effect throughout the Empire January 1, 1900, and which provides that persons desiring to be married in Germany shall produce a certificate from the proper authorities of their native or home state. to the effect that such authorities know of no just cause why the marriage should not take place. Replies received from more than half of the States and Territories were to the effect that the courts did not issue such certificates. Among the States so replying were Connecticut, New York, New Jersey, and Montana. Mr. Hay, Sec. of State, to the governor of New York, April 20, 1900, 244 MS. Dom. Let. 410; Mr. Cridler, Third Assist. Sec. of State, to Mr. Mason, consul-gen. at Berlin, April 23, 1900, 172 MS. Inst. Consuls, 137; Mr. Cridler, Third Assist. Sec. of State, to Mr. Chester, June 1, 1900, 172 MS. Inst. Consuls, 555. It appears that a similar provision is found in the Hungarian marriage laws. (Mr. Cridler, Third Assist. Sec of State, to Mr. Chester, June 1, 1900, 172 MS. Inst. Consuls, 555.) (5) ITALY. "You remark that you had only recently become aware that consuls of the United States in Italy had been in the habit of issuing certificates to meet the requirements of section 103 of the Italian civil code, which requires a declaration from competent authority that there are no impediments to a proposed marriage. It is probable, however, that the practice of issuing such certificates has long prevailed, and the Department sees no objection to them if due inquiry be made as to the facts before they are issued." Mr. Fish, Sec. of State, to Mr. Marsh, min. to Italy, Jan. 19, 1875, For. 6 "Your dispatch No. 538, of the 19th ultimo, has been received. It states, in its closing paragraph, that in a case of marriage between American citizens in Italy, you might advise that a blank in the consular certificate should be filled with the words laws of the United States.' This, however, would, it is apprehended, not be a judicious course, and it might prove to be judicially untennable. The only law of the United States on the subject of marriage is that which provides that all marriages celebrated in the presence of a consular officer in a foreign country between persons who would be authorized to marry if residing in the District of Columbia are valid to all intents and purposes as if said marriage had been solemnized in the United States. The phrase laws of the United States' might therefore be deemed to imply laws of the several States. Now, as the laws of the several States on the subject of marriage are various, if the certificate were to say that the marriage was performed according to the laws of the United States,' it might be held to be vague and inaccurate. "The United States statute on the subject of marriages above referred to (Rev. Stat., § 4082) defines those who may be married 6 under its provisions, namely, persons who would be authorized to marry if residing in the District of Columbia,' but is silent as to the persons who may perform the ceremony. When, however, it speaks of marriage in a foreign country,' it is but reasonable to hold that to be a marriage, it must be solemnized (in the absence of authority given by the laws of the United States to any other person) by some person authorized, by the law of the country where the marriage takes place, to perform that ceremony, or in some mode recognized by such law. "In this view it is believed that the blank indicated by you in form of certificate No. 87, in Consular Regulations of September 1, 1874, should be filled with the name of the country in which the marriage takes place, and not refer to the authority of the party performing the ceremony, as derived from the laws of the United States, which do not give authority to any person to solemnize marriages. It is not supposed that actual statutory enactments are essential to give the authority, but such authority as would seem to exist in Italy for the performance of the marriage ceremony by a Protestant priest, as is inferred from the statement in your dispatch, that while there is no express provision on the point in the Italian code,' you are assured that such a marriage between Americans would be held legal' in Italy. "Possibly it would be well to use the word 'law,' which will cover unwritten as well as statute law, instead of the word laws.' Mr. Cadwalader, Acting Sec. of State, to Mr. Marsh, min. to Italy, Apr. 15, 1875, For. Rel. 1875, II. 764. Mr. Marsh's No. 538 is printed in For. Rel. 1875, II. 764. "I inclose herewith copy of a dispatch dated June 1 last, from Consul-General Alden, touching the obstacles encountered by citizens of the United States desiring to be married in Italy, growing out of the refusal of the authorities there to perform the ceremony without an official certificate from a consul of the United States that no objection exists to the projected marriage under the laws of the American domicile of the parties. . "The case to which the above-mentioned dispatch of the consulgeneral refers was reported in his No. 139, of the 4th of May last, copy of which is also inclosed. It appears from this dispatch that a Miss from Boston, Mass., but for a long time resident in Rome, desired to be married there, and that the authorities refused to permit the ceremony to be performed without an official certificate from the consul-general that there is nothing in the laws or customs of the United States that would render the marriage invalid,' and the consulgeneral requested that he should be authorized by telegraph to give such a certificate. To this request the Department replied by telegraph as follows: 666 'Certificate suggested by you inadmissible. There is no general law or custom in United States respecting marriage, and consuls can not certify officially as to State laws. No objection to your examination as expert.' "In reply to this the consul-general informs the Department that there is no provision in the Italian law for his examination as an expert; that the authorities require a certificate of nulla osta' from a consular authority; and that as the Department has forbidden the general issue of official certificates by consuls of American status and domiciliary law of American citizens in respect to marriage, it will be impossible for any American citizen hereafter to be married in Italy, unless the Italian law is changed or the order of the Department modified. "In view of so serious a complication, it is important to know precisely what are the requirements of the Italian law in respect to the subject under consideration. "As the Department is informed, there is not any express provision. of Italian law that requires a consular certificate in marriage cases. There must be proof of the capacity of the parties under their personal law, and the certificate of a consul is accepted as sufficient proof, so far as the celebration of the marriage is concerned, of the nonexistence of any obstacle to the marriage under that law. But the Department had not supposed that the consular certificate was the only proof admitted for that purpose, and that the personal law of foreigners in respect to marriage could not be proved in the same way as any other matter of foreign law. “I will thank you to make inquiry concerning this question and report thereon to the Department. And I herewith inclose for your information, and in explanation of the views of the Department on the general subject of the issuance by ministers and consuls of the United States of official certificates as to the law in this country respecting marriage, copies of certain correspondence which has lately taken place." Mr. Bayard, Sec. of State, to Mr. Stallo, min. to Italy, July 6, 1887, For. "I have the honor to acknowledge the receipt of your communication of the 6th instant. ... "Long before the receipt of your communication I had occasion to examine the questions therein discussed, and found that the Italian law (section 103 of the civil code) not only did not require the consular certificate which our consuls have been in the habit of issuing, H. Doc. 551-vol 2- -35 |