The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-05-07
THE MARRIAGE LICENSE LAW
of North Carolina

MeSSrs. Editors The law of the last Legis
lature, "prescribing the duties Of Clerks in issu
ing marriage licenses" contains few amend
ments to our present law on that subject in the
Revised Code, but they are important, and at
tention should be properly called to the N.
by the amended law, no bonds for license are
! required as they inefficient for protec ton
and redressed no wrong, and formed very con-
siderable item of expense in Revenue stamps,
which was carried out Of the State.
The other amendments were to ascertain and
secure the proper identity of persons and their
families. The habit of writing the initial letter
OF the name for the name itself, where there are
SO many names commencing with the same
letter, causes error; sometimes a serious one
Hence, 1t is now required to write the names
in full #<-
And the multiplication of the same names 10
nily or neigh borhood is another growing
source OF error, which has been greatly increased
since the emancipation of our slaves, who, almost
universally, take the surname of their former
owner; and the father sees his own name and
that of his and daughter borne by so many
that name actually losses its principal object
OF adoption, being intended as description of
the person, but now requiring some other prefix
or nickname to distinguish them. To effect
that purpose, the amended law requires the
names Of parties in the marriage license to be
further designated by the distinction of color;
and also the names of their parents added as
far as can be known-wbich is readily done In
the case of whites; but it will require some
years before marriage and legitimate offspring
can answer the enquiry among the colored
population
The main object of this amendment was to
identify and describe the parties, but, if pro-
perly observed, the registration of marriages will
add very materially to the history and tracing
of families, which is so much neglected in this
country, but which is very desirable to families
themselves, and often necessary to ascertain the
titles Of the property. With this view, it is to
be regretted that the law did not require the
age and residence of the parties also, and it
would seem to be an oversight, as the Clerk can
not issue license except the woman to be mar
ried is resident of the county, or to male
under sixteen or to female under fourteen.-
So, to this extent, it is made the duty Of the
Clerk to inquire into the residence aud age of
the female, and the age of the male, and this
should properly be stated in the license, to
show that the duty had been performed
The Clerk of the County Court, in the
County in which the woman resides, is the only
Clerk who can issue the license for her marriage
and that establishes her residence. This was
to prevent secret and clandestine marriages, and
carrying off girls into other counties to Glade
the care and vigilance of parents and guardians.
This feature in the marriage license law has
been frequently violated by the oversight or
ignorance of Clerks and when run away matches
come into the border counties from the adjoin-
ing States, the law requires oritten permit
from the guardian or parent before the Clerk
can issue license. This is wise precauiion
in law, aud its observance should be enforced
on our Clerks.
The amended law further requires the GER
tificate of marriage to be returned and filed in
the Clerks Office, after he has copied into
register, in parallel columns, the names of the
parties, the date Of their marriage and by whom
married, and that separate book be kept for
the registration Of white and colored persons.