Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-03
AMERICAN MARRIAGES ABROAD.
The Position Taken 6y the Legation Of the
United States at Paris


of marriage at the legation could not be
quite sure that they had been married at all
according to American law, because they
are not married according to French law,
the sole marriage recognized by French
law being the one before the mayor.
This conclusion was formed on commu-
nication 1 had received apropos Of a re-
cent marriage of two Americans of world
wide reputation. 'The contract of mar
riage" in this instance, l was told, provides
that the marriage shall be made sub
ject to the laws of the state of Maine," in
which state both Mr.. G. and his wife
were born. These laws, like those of other
states of the Union, provide that q mar
rage made abroad should be held valid in
Maine only when made in accordance with
the law of the country where such marriage
is contracted. The law of France recog-
nizes no marriage except that performed
before the civil authority, and severe pen
alties would be incurred by any clergyman
or other person, French or foreign, who
ventured to perform marriage ceremony
in France between persons who had not
been previously married according to
French law. Under these circumstances
1t seems needless, if not unwise, for Amer
lean citizens wishing to marry in France,
and the validity of whose marriage at home
will depend wholly on their observance of
French legal requirements to add to the
marriage required by law further cere-
mony which has no legal recognition in
the United States. A more salts
factory procedure would be for such
marriages to be performed here accord
ing to American customs by the Amer
lean consul, rs is done with most other ma
lions, but this is forbidden by United
States statute for the reason that the Unit
ed States as a nation do not possess the
power Of legalizing marriage, this being
among powers reserved by the states indi-
vidually, and consul, as an officer of the
nation, can not of course be allowed to
assume more power than the nation posses
ses.
My observations on this subject have
procured me the following letter from Mr.
Henry Vignaud, assistant secretary OF the
Paris legation, a gentleman whose knowl
edge and wide experience of the duties of
his Office are only equaled by his extreme
courtesy in the manner of discharging
them.
81 have just read your interesting letter
which refers particularly to Americans
marrying in France, and venture to ad-
| dress you these few lines in the hope that
| they will remove the misunderstanding
which seems to prevail in this important
matter.
SIN the first place, let nae quiet your IN
easiness about thousands of Americans
married over here at their legation, and
who may find that they have not been mar
ried at ALL Such thing is not likely to
happen, for the simple reason that no such
marriage takes place at the legation.
owe are instructed to allow marriage
to be solemnized at the legation only when
| the parties have complied with all the RS
| quirements of the French law; that is to
say, only when the marriage at the lega-
| ton is no longer open to any objection.
''The reason for this instruction, which
| is generally misunderstood, is not tn at the
| French government does not admit the va
| lidity of such marriages-for it does; nor
is it because thsy are forbidden by Ameri-
can statutes-for they ara not; but because
in certain cases thsir validity might be
! contested, and has been contested, both
| abroad and in the United States, on the
| ground that some legal requirement or
| other has not been strictly complied with.
without mentioning the difficulty for
| our legations of being always well inform
| ed Of the changes which might take place
| in the local laws of our thirty-eight states
and ten territories, and the impossibility,
In certain cases, Of complying with all the
| requirements of these laws, there is an
! obviOus improperly III using the privile-
| ges Of legation for the performance Of a
| ceremony which, as Mr.. Hamilton Fish re-
marks in a printed dispatch to Mr.. Wash
burne, may be held by the tribunals of the
country in which the legation is situated
| to be II c0utravention of the laws of that
! country
I'm view Of such consideration and for
this additional and important reason that
q marriage is valid everywhere in the Unit
| ed States wnen made in accordance with
the laws of the country where it has taken
place, it has been found proper to inform
every American who desires to be married
abroad that he should do so in accordance
with the legal requirements of the country
in which he may find himself.
| In the instructions it has issued says
Mr.. Fish in the dispatch above mentioned,
"the aim of the department has
been one of precaution and admon-
ition, prescribing ONLY what was clearly
within the statutory enactments, caution
| ing against what is uncertain or doubtful,
and withholding the use of the legation in
cases where the possibilities of a decision
adverse to the legality of marriage cele-
brated within it seem to approach to GER
tainty, or at least are potential. (Foreign
Relations, 1873, page 447).
Il may add that owing to the great kind
( ness OF the French authorities this legation
has been put in the way of furnishing to
American citizens, desiring to marry in
France, such papers as will remove or sim
plify many of the formalities exaeted from
French people,
As interpret this letter, marriage at
| the legation would not be invalid, even
according to the French law, if only it be
in accordance with the laws of the United
States, but it is sometimes SO difficult to
say what those laws are in regard to mar
riage that the state department has thought
1t better to have the knot tied in the French
fashion and so secure its indisputable
legality. The author of the first communi-
cation 1 received, then, was in error in
arguing that he must be married here civ
lily to satisfy the state of Maine. The
state OF Maine would have been satisfied
with any union that satisfied the law of
France, and the law Of France would have
been satisfied with marriage at the lega-
h,I I'll