236 DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



it with translations of portions of our statutes con- United States law ; that for them the statute of 

 trolling the transportation of passengers, and pro- Massachusetts is supreme. 



.-_i:_ *_; j t j s scarcely supposable that citizens of Massa- 



chusetts would, at any period in the history of this 

 Government, have advanced that doctrine, and it is 

 scarcely to be expected that so extreme a practical 

 assertion of State sovereignty will henceforth be put 

 forward from any section of the country. Nor is it 

 probable, especially with reference to the marriage- 

 States as an indirect incentive to more liberality contract, and the relations resulting therefrom, that 



o strengthen the any prudent persons would willingly put themselves 



hibiting the coolie traffic. 



The Yamen received the information thus afforded 

 with expressions of gratitude. Copies of the corre- 

 spondence on the subject are inclosed. 



In my letter to the Yamen, besides giving the facts 

 they desired, I aimed to show the exceptionally lib- 

 eral treatment of Chinese subjects in the United 



toward our citizens in China, and to 

 disposition of the Government to insist upon the 

 principle of free emigration in all further passenger 

 commerce from the ports of the empire. I find the 

 ministers of the Yamen all very anxious to prevent 

 the revival of coolieism either openly or covertly, 

 and have fully explained to them the position of our 

 Government on this subject, with which they are in 

 hearty sympathy. 



The legality of marriages celebrated at the 

 legations of the United States has been a ques- 

 tion of interest, and is presented in a letter to 

 Secretary Fish by Mr. W. Hoffman, the secre- 

 tary of legation at Paris. After referring to 

 the legality of such marriages between Amer 



in such an attitude with reference to a law of the 

 United States ; but, should such a case arise, it is 

 only necessary to say that a Federal officer is not 

 bound to execute a State statute unless required so 

 to do by act of Congress, and in the case supposed 

 by Mr. Hoffman, it would be an answer to the im- 

 aginary citizens of Massachusetts, who might thus 

 insist upon forcing themselves into the legation, to 

 require from them the production of their right to 

 the use of the legation for their private or family ar- 

 rangements. 



When General Lafayette visited the United 

 States in 1825, and was the guest of the nation, 

 a watch was stolen from him, which had been 



i7^riindOT W k7^^ presented to him by General Washington. 



United States, he presents the question as to hls was recentl y found, and on June 22, 1874, 

 their validity under the laws of the States. Congress passed a joint resolution, ordering the 



He says : 



purchase of the watch and its restoration to 



Two residents of Massachusetts come to this lega- * ^ f th * ^ &T( f is d ? ^fayette. This 



_ j_ i-i__ . ... i mi , & . mrP.lTmstfl.nP.ft nflJlAfl nnf. an infkiiafinn /-wffi/i?n1 



tion desiring to be married. The minister quotes to 

 them your instruction, and declines to permit the 

 marriage except under the conditions therein pre- 

 scribed. They reply that in this matter they have 

 nothing to do with the United States law ; that they 

 are citizens of Massachusetts ; that the statute of 

 Massachusetts is supreme for them in this matter ; 

 that this statute prescribes that " marriages cele- 

 brated in a foreign country by a consul or diplomatic 

 agent of the United States shall be valid in this 

 State ; and a copy of the record, or a certificate from 



circumstance called out an interesting official 

 statement of the members of the Lafayette 

 family. It is as follows : 



General Lafayette left one son, George de Lafa- 

 yette, and two daughters, Madame de Latour-Mau- 

 bourg and Madame de Lasteyrie. 



All the above are now deceased. 



Mr. George deLafayette left five children, all of 

 whom are now living, viz. : 



Mr. Oscar de Lafayette, No. 90 rue du Bac, Paris. 



such consul or ag'ent, shall be presumptive evidence ^ ^ r - Edmond de Lafayette, No. 72 rue de Rome, 

 of such marriage." (Mass. Gen. Stats., ch. 106, 23.) Pa , r , 18 j 



They ask to be married under this statute. Is the ,, M &dame Adolphe Perier, now a widow, No. 42 rue 

 United States minister to refuse them the courtesy Barbet de Jouy, Paris. 



of the legation for this purpose? And, if so, could ^ " - J 



he not with equal propriety refuse to take their ac- 

 knowledgment to a deed, under the power conferred 

 upon him by the statute of Massachusetts and not 

 by any United States statute ? 



Secretary Fish, in reply, says: 

 It may be stated as a general rule, subject to few 

 and rarely-occurring exceptions, that a marriage, 

 solemnized according to the laws of the country in 

 which it is celebrated, will be recognized as valid 

 and binding under the laws of all other civilized 

 or Christian nations ; hence, while it was deemed 

 proper to gratify the natural wish of American citi- 

 zens to have a contract of such interest to them 

 solemnized under the flag of their own country, and 

 that the hospitality of the legation should be ex- 

 tended to them for that purpose, the Department 



to ad e vi8e n ?hem e th ( S 8 i? ered !t nly *? * * prudent 

 to uuvise tnem tnat " a ceremony of marriage per- 



within which the legation is situated, and therefore -vr r> 



ought, in all respects to comply with the require- , . r< Ban croft Davis presents relates to the lia- 

 its 6 validity >f C untry ' in order to insure 7 f . Ameri an citizens residing in Germany 



returns it was estimated 



Madame Buveaux de Pusy (widow), No. 42 rue 

 Barbet de Jouy, Paris. 



Madame Gustave de Beaumont (widow), rue Bar- 

 bet de Jouy. 



Madame de Latour-Maubourg left two daughters, 



VIZ. I 



The Baroness de Brigode, No. 42 rue de Grenelle 

 Saint-Germain. 



The Baroness de Pennon, Maison Vernon, Turin, 

 Italy. 



Madame de Lasteyrie left four children, viz. : 



Mr. Jules de Lasteyrie, deputy, No. 1 rue Beau- 

 jou, Paris. 



Madame de Re'musat, No. 24 avenue Gabrielle, 

 Pans. 



Madame de Corcelles, Colonna Palace, Rome. 

 Madame Charles d'Assailly, No. 12 rue Lassazes, 



The correspondence with the American rep- 

 t ^ in G ^"ny contains two or threa 

 f consi< krable interest. The first which 





