between a foreigner and a Peruvian, in this country, that the civil and ecclesiastical authorities shall exact of any such foreigner a certificate of celibacy issued by the legation or consulate of the country to which he may belong. In my reply to the foreign minister, dated the 26th ultimo, I have taken the position, subject to the approval of the honorable Secretary of State, that representatives of the United States, diplomatic and consular, are not in position to comply with the requirement in view both of its impracticability and the inhibition of paragraph 422 of the United States Consular Regulations. In case of application to your consulate for such certificates, you will, therefore, refrain from issuing them; and you will please warn the consular agents of the United States within your jurisdiction likewise to refuse to issue them. A copy of the resolution is herewith inclosed. I am, etc., IRVING B. DUDLEY. No. 329.] Mr. Loomis to Mr. Dudley. DEPARTMENT OF STATE, SIR: In reply to your No. 894, of the 11th ultimo, I have to say that your instruction to the American consul at Callao, directing him and his subordinate officers to refrain from issuing certificates of celibacy to American citizens, is approved. I am, etc., 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.] 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., ALBERTO ELMORE. [Subinclosure.-Translation.] CELEBRATION OF MARRIAGES. LIMA. July 9, 1904. 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.] EGUIGUIREN. [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 exceliency'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. VISIT OF THE UNITED STATES PACIFIC SQUADRON TO PERU. No. 883.] Mr. Dudley to Mr. Hay. AMERICAN LEGATION, Lima, Peru, March 25, 1904. SIR: The efficiency of our Navy in the promotion of good international relations has been very happily illustrated in a visit to Peru, which ended to-day, of a portion of the Pacific Squadron under Rear Admiral Henry Glass. He arrived. at Callao on the 9th instant, bringing with him, beside the flagship New York, the Boston, the Bennington, and the Concord. During their fortnight's stay the Admiral and his officers were treated with the highest distinction by all classes of Peruvians, and with an added cordiality so manifestly genuine as to leave no doubt in their minds of the especial friendli ness of Peru toward the United States. * * * Given the existence of this excellent good feeling, the squadron came in a very real sense, as the Peruvian foreign minister expressed it in offering a banquet in honor of the visitors, to vivify the friendship and sympathy felt in Peru for the Government and people of the United States. I abstain from the quite superfluous task of specifying any of the numerous functions and many interchanges of social amenities, concluding with a reception on the New York yesterday afternoon, which followed in the train of this naval visit, and leave it to continue as a pleasant memory at Lima and Callao for a considerable time to come. I take especial satisfaction, however, in mentioning the call of Admiral Glass, with the captains and staff of the squadron, upon President Candamo on the 15th instant, and the visit which the President, accompanied by his cabinet and military household, made to the flagship in the afternoon of the 19th instant. Upon the former occasion I, of course, presented our officers; and on the second I was abstracted upon the President's motion from my perhaps more proper place in the Admiral's launch, as a passenger to the New York, to become a member of the Presidential party. The President was charmed with his reception. He did not omit to express his high appreciation of the United States, and referred to the fact that he has one son at Cornell and another in one of our preparatory schools. In conclusion, I respectfully suggest the desirability, if practicable, of sending American men-of-war more frequently to the west coast of South America. I have, etc., IRVING B. DUDLEY. DEATH OF PRESIDENT CANDAMO OF PERU. Mr. Dudley to Mr. Hay. Convey to the Government the assurances of the sincere sympathy with which the President and the people of the United States have heard of the death of President Candamo. No. 14.] HAY. Mr. Calderon to Mr. Hay. PERUVIAN LEGATION, Washington, D. C., May 9, 1904. SIR: I have the honor to express to your excellency, in the name of my Government, the gratefulness of the Peruvian people and Gov ernment for the message of sympathy delivered by Minister Irving Dudley, in the name of the American people and of His Excellency President Roosevelt, on the occasion of the sorrowful bereavement suffered by Peru. Adding my own thanks, it affords me pleasure to renew, etc., No. 920.] Mr. Dudley to Mr. Hay. AMERICAN LEGATION, Lima, Peru, May 16, 1904. SIR: * Respecting the sending of flowers in the name of the President upon the occasion of the funeral of the late President Candamo, of Peru, * I beg to add that I sent what seemed to me a very satisfactory and appropriate floral piece on the day of the funeral, attaching to it a black-bordered card inscribed: "From the President of the United States in token of deep sympathy." I may assure you that the courtesy, in view of the source, is appreciated most sincerely, both by the family of the late President and by the Peruvian people. ARBITRATION OF THE BOUNDARY DISPUTE BETWEEN COLOMBIA AND PERU. No. 912.] Mr. Dudley to Mr. Hay. AMERICAN LEGATION, Lima, Peru, May 10, 1904. SIR: A convention for the arbitration of the boundary question between Peru and Colombia was signed yesterday afternoon at Lima. The submission is to the King of Spain, and it is stipulated, as in the tripartite convention of 1894, annulled three months ago, that his award shall be based not alone upon the strict legal rights of the high contracting parties, but upon considerations of reciprocal convenience weighed in a spirit of equity. A modus vivendi was established for the maintenance of the existing possession and jurisdiction which Peru has in the basin of the Napo, and Colombia in the basin of the Yapurá, or Caquetá, and for the withdrawal of the authorities of both countries from the basin of the Putumayo, until the award is made. Should the exigencies of commerce or other emergency render it advisable to place authorities or customs officers in the Putumayo basin, it is stipulated that the steps to be taken shall be authorized by an agreement hereafter to be entered into. I will forward a copy of the treaty as soon as it can be obtained. I have, etc., IRVING B. DUDLEY. No. 923.] Mr. Dudley to Mr. Hay. AMERICAN LEGATION, Lima, Peru, May 17, 1904. SIR: Referring to my No. 912 of the 10th instant, I have the honor to forward herewith two copies each of the treaty of boundary arbitration and of the protocol establishing a modus vivendi in the region of the Putumayo River, which were concluded at Lima on the 6th instant between Peru and Colombia. The copies were furnished me by the Peruvian foreign office. Treaties of like character have been negotiated with Ecuador and Bolivia, so that the boundary controversies of this country with three of its neighbors seem to be in course of settlement. Its relations with Brazil continue extremely unsatisfactory. I have, etc., IRVING B. DUDLEY. [Inclosure 1.-Translation.] The governments of Peru and Colombia, animated by a sincere desire of bringing to a fraternal and honorable conclusion the question pending between them respecting their territorial limits, and with the intention of removing any cause or motive of disagreement which might disturb the friendship which happily exists, have judged it convenient to come to an arrangement between themselves, and have appointed, for that purpose, their respective plenipotentiaries, viz: His Excellency the Second Vice-President of the Republic of Peru, in charge of the executive power, has appointed Dr. José Pardo, minister of state in the bureau for foreign relations, and His Excellency the President of the Republic of Colombia has appointed Don Luis Tanco Argáez, envoy extraordinary and minister plenipotentiary of Colombia in Peru. Who, after exhibiting their full powers, which were found to be in due and correct form, have agreed to the following: TREATY OF ARBITRATION RESPECTING LIMITS. ARTICLE 1. The governments of Peru and of Colombia submit to the unappealable decision of His Majesty the King of Spain the question of limits pending between them, and this must be settled, taking into consideration not only the titles and legal arguments which have been already and may be hereafter presented, but also the convenience of the contracting parties, reconciling them all in such a way that the frontier line shall be based on right and equity. ARTICLE 2. Both governments will request, simultaneously through their plenipotentiaries, the consent of His Catholic Majesty within eight months, dating from the exchange of ratifications of this treaty. ARTICLE 3. Within the six months following upon the acceptance by the august arbitrator, the plenipotentiaries shall present to His Catholic Majesty, or to the minister that His Majesty may designate, a statement setting forth the pretensions of their respective governments, together with the documents on which the same are founded, and in which they will bring forward the legal arguments in their favor. ARTICLE 4. From the date on which the said statements or briefs are presented, the plenipotentiaries will be authorized to receive and give reply, within a fair time fixed beforehand, to the copies of the proceedings which the august arbitrator may think fit to hand to them, and also for compliance with the provisional judgments which he may pronounce for the purpose of illustrating the rights of both parties. |