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
The Georgia[119] Constitution of 1865 directed the General Assembly at
its next session to pass a law to legalize the existing slave marriages
and to provide for the contracting and solemnizing of future marriages
and, in connection with this, to define and regulate the Negro’s right
to devise and inherit property. The General Assembly[120] responded in
1866 by enacting a statute by which persons of color then living
together as husband and wife were declared to be so. If the man had two
reputed wives or the wife two reputed husbands, he or she must select
one of the two as wife or husband, with her or his consent, and have the
ceremony of marriage performed. If they continued to cohabit without
making this choice, they were guilty of fornication and adultery. It was
not enough to make the selection and live faithful to the one chosen;
the marriage ceremony was a requisite.[121] Unless there were two
reputed husbands or wives, the ceremony was not necessary.[122] By the
same act[123] the children of slave marriages were legitimated, and
Negro ministers were given a similar right to perform marriage
ceremonies for Negroes as white ministers had for both races.
Missouri,[124] in 1865, required all persons of color claiming to be
married and wishing to continue in that relation to appear before some
one authorized to perform the ceremony and be joined in marriage.
The same year, South Carolina[125] passed a statute of ninety-nine
sections relative to persons of color, eleven of which concerned their
marital relations. This statute established the relation of husband and
wife between persons of color, and declared that those then living as
such were husband and wife. If a man had two or more reputed wives or a
woman two or more reputed husbands, he or she must choose one of them by
April 1, 1866, and be remarried. Children born before the enactment of
this law were declared to be the legitimate offspring of their mother,
and of their putative father also if they were acknowledged by him.
Thereafter, Negroes must be married as white people were—by a clergyman,
judge, magistrate, or other judicial officer. The husband who abandoned
his wife or the wife who abandoned her husband, might be bound out from
year to year until he or she was willing to resume conjugal relations.
An abandoned wife was free to make a contract for service. South
Carolina has been apparently the only State to provide for the children
of white fathers and Negro mothers. A law[126] of 1872 declared that
such children might inherit from their father if he did not marry
another woman but continued to live with their mother.
CERTIFICATES OF MARRIAGE
Public-domain text, read in full here on John Shaqi.
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