CO129-282 - Acting Governor Major Gen Black - 1898 [3-4] — Page 201

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tish subject could validly marry another in America by Bri- tish Law at the British Consulate without regard to the lo- cal requirements applicable to ordinary marriages or to Ane -

rican citizens married in the ordinary way in the United

States, I think we should be very careful before raising any difficulty in the present case. At p 402 of Whitaker for

1898 you will see an Article on the marriage of British sub-

jects abroad and on referring to works of authority I find

the article is very correct and concise. I notice,moreover,

that in Germany these marriages by Foreign Consular Offi-

cers are strictly forbidden, in the absence of Treaty Stipu-

lations, but I assume they are not forbidden in England, as

England asserts the privilege for itself.

On the whole,when you have read this minute

you will see it is not desirable to act hurriedly, for the

question is a somewhat difficult one. A question may arise

whether, as one of the parties was apparently a British sub-

ject, the marriage would be valid by British Law, even if va-

lid by American Law, in the absence of local preliminary re-

quirements being complied with; but, if these people choose

to run that risk,I do not see why we should interfere on

that ground only. So far, the letter to Revd. C. R. Hager was all

correct, for, prima facie,his action appeared illegal. Hic an-

swer having been given I would take no further steps till

we are certain he acted illegally. At present I am not quite

clear that he did.

I