Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-06-14

SLAVE MARRIAGES INyALID.--In the City |
Court of Brooklyn, N. Y, case of some in |
terest was decided recently. Rev. b. n. War
rick, colored man, and formerly slave, IN
stituted proceedings against certain parties
who had accused him of bigamy. Judge Gull
yer stated and decided the case as follows
1.-THE complainant in this matter alleges
and the evidence supports the allegation, that
the defendants have charged in substance that
the complainant, who is bishop in the Color
ed Episcopal Church of Williamsburgh, Is
guilty of bigaIny, in that he has two wives
now living. The defendants attempt to justify
this charge on the following statement OF facts,
which have been proved before me on this ex-
animation, viz: That Warrick and Winnie,
one of the defendants, were both slaves III
North Carolina, owned by different masters
They agreed as far back as 1914 to live to-
gether, and a coored Methodist eXhorter read
over the discipline on marrage-the parties
saluted each other as bride and groom, jumped
over the broomstick in the kitchen, and were
pronounced married. No license seems to
have been obtained from the County Court, as
required by the laws of that State, nor was
the consent of their respective owners obtain
ed
The parties, however, cohabited together as
best they could under the circumstances, and
after some seventeen years twelve children had
been born to them as the fruits of such cohab-
tation In 1923, however, Warrick was made
free but he continued to live with Winnie till
1881, when, in consequence of the laws OF the
State touching free colored people, he was
obliged to leave, and did. After ten years alb
sence he returned to North Carolina, found his
woman, who was still slave, and passed over
night with her, whereupon he was notified by
the sheriff to leave in three days, or be again
reduced to slavery. He left, Winnie consent
| ing, and advising him to do so. He came to
Williamsburgh, where in 1913 he was duly
| married to his present wife. Winnie, his for
mer woman, remained i'll slavery till 1854,
when she came North and found her man the
husband of another woman. She now claims
| him as her righttu husband. Out of this claim
! this whole controversy has arisen. 1t is due
to the claimant to say that she is shown to be
sincere plain, blunt, honest-hearted Chris
tan woman, believing both in the merit and
equity ofher claim. Had she left North Caro-
! lima with Warrick, or had she obtained her
freedom before he contracted his last marriage,
he admits he should have felt morally bound
to have made her his legal wife But as he
! heard nothing from her, and had no reasona-
| BILE expectations Of her ever being made free,
! he seems to have contracted the second mar
riage in good faith
| Under these circumstances l am called upon
to say whether Warwick can be charged with
the offence of bigamy in other words, wheth-
er the defendants have made good their deca-
rations touching his having two wives. From
the facts disclosed in evidence, have arrived
at the following conclusions
l. That as marriage is a civil contract, the
parties must be held incapable of contracting,
go Phil Eng. Rep. 14.)
2 Slaves cannot, in law, contract marriage,
nor does cohabitation confer any legal rights
on the parties of their children, GA Ala.
Rep. 719; 5 Maryland Rep. 81; North Car
DINA Equity Rep 177.l
8. Warwick first marriage being in law a
nullity, he was at full liberty, if his moral
sense allowed it, to contract the marriage with
his present wife, and has violated no law in
so doing.
f. 1t follows that the defendants, in uttering
the charges against Warrick, have themselves
violated the law, and, if repeated after this
intimation from the court, will become liable
for damages.
Defendants must be held to bail in the sum
of 500 each Ordered accordingly"