Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1860-06-01
The Craufurd- Blackburn Case, in Maryland

This important lawsuit involving the ad-
ministration upon the estate of the late DR..
David Craufurd, between George I. Crau-
furd and Richard S. Blackburn, the pro-
gress of which at Port Tobacco we noticed
las week, was terminated on Saturday
morning last, after occupying nearly two
weeks.
Prior to the com nencement of the argu-
ment before the jury, the law points involv-
ed, touching chiefly the doctrine of marriage
in this State, came up upon prayers to the
Court offered by both sides. All agreed that
if the jury should find from the evidence that
a marriage had been celebrated by cler-
gyman, the verdict must be for the plaintiff;
and that if they should find from the evidence
that the intercourse Of the parties, alleged to
have been married, was illicit, the verdict
would be for defendant. Prayers embody-
ing these propositions were admitted, and
one was granted to the effect that the non
procurement of license did not nvalidate
the marriage. The point of difficulty was
as to what is the law of marriage, indepen-
IDENTIFY of its being contracted in the face OF
the church-could' a valid marriage be made
in this State by mere consent and cohabta-
ton, as at common-law? The prayer of the
plaintiff was to the effect thatif the jury
should find that the parties agreed to live
together as man and wife, cohablted, had
Children acknowledged themselves to be
man and wife, &c. &C.. marriage could be
inferred, Notwithstanding no ceremony were
proven. The defendants prayer negatlved
the idea of there being any valid marriage in
this State except where performed by a
clergyman, or some person authorized in the
Act of Assembly to solemnize it. This point
was argued at great length.
His Honor, Judge Grain, reviewed the ar
guments and authorities at considerable
myth, and decided the matter in substance
as follows.
"That to constitute valid marriage in Mary
land it is not necessary for the marriage ceremony
to he celebrated by persons in canOnicals. Ii l.
only necessary to prove that the contract of mar
rage was entered into by the and woman i'll
the presence Of witnesses, and that they used a
ceremony Of Napta per yerba dc PRESENT.. That
il is Il civil contract, and according to the Com
moa Law. the contract Of marriage Is valid and
binding il established by evidence that it had been
entered into by the parties to operate as marri-
age, and followed By cohabition. That no license
was necessary to the validity of the marrlagc.--
That although the act OF lIiI imposed penalties
upon al persons who should undertake to celebrate
marriage, except clcrgymen, &c. a. therein
mentioned, still the celebration of Il marriage con
trary to that act would only subject the parties
concerned to Il penalty, but would MT render the
marriage void The only void marriages, under
that act, were those within the prohibited degrees
The jury returned on Saturday morning
a verdict for defendant.
Exceptions were taken by the counsel, dur
ing the trial, upon which the case will 20 to
the Court Of Appeals. fit should be affirm
ed there, it will settle the right Of admins
tration in favor of DR.. Blackburn-leaying
the title to the property still subject to lltiga-
ton.
Throughout the whole progress, the case
created an unexampled degree of interest,
both here and in Charles County, to which it
was removed for trial upon the plaintiff" ;
suggestion. There was much interest and
exct ment exhibited as to the result, specta-
tors warmly embracing one or the other side.
and, in some instances. going 50 far as to lay
heavy wagers on the verdict.-Planter $
Adr0cdtc.