Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
When the Negro was made a citizen, it became necessary at once to settle
his marital relations. If the usual slave marriages were not recognized
as legal, then the offspring of such unions were bastards with the usual
disqualifications of that class, among which is their partial incapacity
to inherit property. In order to secure to Negroes the rights of heirs,
it was necessary to legalize slave marriages, at least to the extent of
giving to the children of such marriages the right of inheritance. This
was accomplished in one of three ways. Some States required the
emancipated slaves to be remarried in order to legitimate their
offspring; others required them to appear before an officer, declare
their desire to continue to live together, and get a certificate; others
still, and these were in the majority, passed statutes legalizing all
slave marriages. A few States did not adopt any one of these three
methods but left it to the courts to recognize the legality of such
marriages as cases arose.
REMARRIAGES
Among the States which adopted the method of remarrying was
Florida,[117] which, by a law of 1866, required all colored persons
living together as husband and wife, who had not been legally married,
and who wished to continue so to live together, to be married within
nine months from the passage of the statute on January 11th. If they
failed to be married but continued to live together, they were punished
as guilty of fornication and adultery. By the second marriage, their
children were legitimated. The law made it incumbent upon the clerk of
the court, upon application by the parties and a tender of the required
fee, to enter a certificate of marriage upon his register. Anyone
practicing fraud upon Negroes by pretending to perform the marriage
ceremony without authority to do so was guilty of a misdemeanor and
punishable by a fine not exceeding one thousand dollars, imprisonment
not over six months, or might be sentenced to stand in a pillory not
over one hour. After the expiration of the nine months named in the
statute, the marriage requirements for white and colored persons were
the same. This statute of 1866[118] was amended, on December 14, of the
same year, to the effect that, if persons of color had lived together as
husband and wife and had recognized each other as such, they were to be
considered married and their children to be legitimate. Thus, the
necessity of a remarriage was obviated. The amendment was added
apparently because of the great number of indictments for adultery
against those who had not complied with the law of January 11th.
Public-domain text, read in full here on John Shaqi.
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