The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-08-18
THE ELKO INDEPENDENT.
That Marriage.

That Marriage.
We have had the following marriage notice,
clipped from the Sacramento Reporter, in our
vest pocket for a week or more but as il ap-
peared in the columns Of that snti-C Chinese,
bitter Copperhead sheet, we were somewhat in
doubt rs to how a heightened, independent
sheet like ears should treat the matter, and
therefore waited until the Sacramento Union
and White Pine News had spoken on the sub
ject before committing ourselves Both hav-
ing spoken. We will now venture to say a word
on the subject expressive of thought or two
of our own, but before doing so will give the
notice Of the marriage as We found it in the
Reporter under the head of marriages:
In Sacramento. July 81, by the Rev. Mr..
Charlton, Mr.. Hicks (white) to Miss Addie
MeComb (colored), all of this city. -
Mr.. 1t (white) acted as groomsman. and
Miss LII (white) acted as bridesmaid. Among
the most noteworthy guests were Mr.. B-r. a
weil-known grocer, and Mr.. LII. n rising
young lawyer of this city, and brother TO Miss
LII, who cfficiated as bridesmaid. The Cap
tain gave the bride away, and numerous pres
ents were bestowed on this gay and festive &C.
casion, and the numerous invited white guests
went away well pleased with the ceremony
although one or two ladies were heard to say.
somewhat apologetlcally, that they only
''peeped through the door" So mote il be !
'.Black spirits and white,
Blue spirits and gray,
Minge, niinele. mingle ye that ulinele may
In addition to this marriage notice there also
appeared an article in the same paper quoting
the following sections of the statutes of that
State:
Sec. 5. All marriages of white persons with
negroes or mulatoes are declared to be null and
void.
Sec. 4. Whoever shall contract marriage in
fact, contrary to the prohibitions in the two
preceding sections, and whoever shall solemn
lie any such marriage, shall be deemed guilty
OF misderneauor, and, upon conviction shall
be punished by fine or Imprisonment. or both
at the discretion of the jury which shall try
the cause; or, if the conviction be by confes-
sion, at the discretion of the Court the fine to
be not less than one hundred, nor more than
one thousand dollars, and the Imprisonment
TO be not less than three months, nor more
than ten years.
The comments Of the Union on the above
are, that inasmuch as the marriage was con-
trary to statute it was simply void, and no
marriage Mt all, and hence no harm was done,
and strongly intimates belief that the Offend
ing Hicks (white) was a violent Copperhead
The White Pine News contents itself with the
4S-in4 thah the ABOVE Is q clear case for the
officers OF the law" Now, with all due def
erence to the two high authorities named. we
beg to state that the marriage is not void.
Neither is it ''clear case for the officers Of
the law" These antidiluvian fossils. the
Union and News, are still lingering in the
shadow Of departed glories, and discussing Of
the time long past when State statutes S1rs
permitted TO create distinctions between citi-
Iens on account Of race and color Instead,
therefore, OF the marriage being void and of
no effect, 1t is the statute that is void. and
must so to the wall, and any officer seekinyto
enforce its provisions would make himself
amenable to the provisions of the Civil Rights
BILL which is now the paramount law of the
land. There is no longer any legal disability
to hinder the full fruition of loves whispered
VOWS Of tender devotion at the hymenial altar
between the white and black, anywhere in all
this broad land of ours, and we are glad of it.
as no true liberty can exist without all the cit
liens are permitted to follow freely the bent
OF their matrimonial desires. II the journals
named desire to keep up with the times, it
would be well to take notice of constitutional
amendments that passed into law some years
since.