Cushing to Hamilton Fish, February 2, 1875

No. 523. Mr. Cushing to Mr. Fish.

Sir: Among the extreme measures of the revolutionary period which followed the dethronement of Queen Isabel, were several which seem to be inspired by mere hatred of religion rather than any intelligent idea of sound public policy.

One of these measures was the prohibition of canonical marriages, or at least the deprivation of all such marriages of any effect on the civil status; in other words, bastardizing of the issue of any such marriage.

This law was utterly repugnant to the conscientious convictions of a great majority of Spaniards.

We can imagine its influence in this respect in supposing an attempt by law in the United States thus to exclude marriages from the scope of religious sanction. Such an attempt, it is true, was made in one of the American colonies at an early period in our history, but soon yielded place to more tolerant and elevated sentiments of public policy.

The revolutionary law in question was not only repulsive to the public conscience, but was the source of constant embarrassment in all questions of civil status and descent, and in many questions of administration, such as pensions, and more especially in enlistments or conscriptions for military service.

The law has been amended by recent decree since the accession of Don Alfonso, copy and translation of which are annexed.

I have, &c.,