New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-07-20
THE COURTS.
MARRIAGES IN SLAVERY.

|
| SLAVES.
Anthony Jones, who died in this city April
IS 1873 was born Virginia the slave OF William Jones
He ped from him, recaptured sold 10 John Als
and finally escaped 80 years ago to New-York where he
resided till his DEATH accommodating about S120oo worth
OF property Patsy Minor, colored girl slave OF
| Lucinda Gordon, who married Anthony Joness master
The girl thus became William Joness slave until lber.
ated by the Emancipation Proclamation. Such marriage
as takes place between slaves was made between Patty
Minor and Anthony Jones' their masters consentng and
continued years till Anthony escaped They hadfour
children three Of whom dead The survivor is called
Anthony Smith, and born after his father escaped to
the North but recognized by his father In letter
after thewar Some yesrs after the escape Of Anthony
Patsy Minor lived with named Miller his WIFE,
and subsequently with still another man. Anthony
married in NewYork his wife is dead and there ore
no children OF that marriage. On his death Patsy Minor
claiming TO be his widow, and Anthony smith, Claiming
10 be his only lawful descendant, laid clam 10 tie
property and their claim was disputed by brother and
sister OF Anthony Jones. This dispute turned the
question whether the connection OF Anthony Jones with
Patsy Minor was a marriage or mere concubinaGe
Surrogate Calvin calls attention 10 the fact that the
marriage Of Anthony Jones and Patsy Minor II had
taken place in this State, would be valid under special
statute II the marriage is valid, as 1t actually took
place. Patsy Minor entitled to her widows right in the
estate and her TO the rest as heir II conceded
marriage in Virginia The law of Virginia. passed after
the war ha, made legitimate the children Of such con-
nectons where the father recognizes his children. But
the question comes back to the point whether the two
being residents Virginia during the cohabtation any
thing ha. since happened to ega'ize that as marriage
The Surrogate holds that the only essential 10
riage in this state is present agreement between
pecnt pcrsOs to take each other for husband and wife,
The eecto the Emancipation Proclamation was to relieve
from the disabilities attendant upoA their seryi
Jude thereafter but it is serious question whether the
force of the proclamation could ytalLe the relations Of
the parties, recognized by the laws Of Virginia ass
marriage into Lawful marriage rs 10 that State, and
not lawful to that State whether the rule that the
validity of contracts must depend upon the law Of the
place where made to be relaxed 20 marriage con-
tracts" After quoting various auth on this point
Surrogate Calvin says:
II clear that slavery and its attendant incapaces
opposed 10 the public policy OF this shown by
The Act the Revised Statutes II, az has been
repeatedly held, poiygaous mAIlages' thouSh eaud III
grrc az ae comfy existing between the several States.
equally logical that this state by reason OF the
comfy existing between such States will not be com
PEELED 10 n0id Thai the relation which existed in the state
Of Virginia. which was recognized by piDnc sentiment
as marriage and would conform 10 cur laws respecting
the OF marriage, Is no marriage Is not me
equally repuSant az the DINER 10 Ie RilnclDes
Of freedom, justice and good morals reeoghlei "a us
statei Ia Grard AT. Lewis, q Martin, Loilsianf Re
ports, it /, held that the marriage OF slaves was Iola as
10 any civil effect resulting from sueh contract, because
had legal capacity to assent TO any contract
But with tine consent OF their masters they nShl marry
and their moral power To agree 10 sucn contract or con-
nection az shat of marriage cannot ne doubled; oat
due any civil effect, because slaves were uepTseu OF an
cyii rights. But emancipation gave 10 slaves tAef
civil rights, and made the contract OI marriage ieSa ana
the slave from the moment Of Freedom although dormant
during slavery, and produces all me ELECTS Nhch lceu
from LEGAL contract OF marriage between free persons
may IL be- Wen cou.endcd that the emancipation OF
slave by the sovereign power OF the nation ieszed
the state of marriage existing IN Stale OF slavery
Indeed. IL would be rrpruach 10 the free ana liberal
spirit OF our state Constitution ana laws u hOid mar the
emancipation the slave, intended 10 usher IN new
and juster era was oweriess 10 effect the ire ana 5a
sIG mr. s, rae sT TrsIltiYc from an
enori on the part of an individual judge to conform the
Constitution and laws 70 ms understanding ot Inc ul-
proved spirit Of TIE ac j. fully appreciated ana the lea
disobedicnee OF laws and Constitution should DE repdI-
" saeiy. buf In the construction Of law and Constilu
ton think 10 is the dgty cf Judicial officer 10 respect
Inc advanced public sentiment the present, when that
public sentiment ASSUMED shape and consistency by
change Of tic Constitution aud Laws o! thS iaAu snu
ts determining the force and ehJet OF INC Ie tohs
existing under the Constitution and laws which reeos
nzcd slavery under condition OF tninSs The,e scr
tuly IS upudated, there Should De- Soou Ah tho %
ave effect 10 such welidetned change of puonc senu
Anilvng this principle to this ease am OF opinion
thai Patsy Minor IS The iawIu widow " Anthony jones'
decreased and entitled under our IA" 20 oletniu % vac
personal estate oil her deceased husahN anu dyvI "a
fcrcst IN ho' 'eaity; that her subsequent hlHse %
Minor did not and could not affect the marriage relation
mat her marriage with nor WAS eIsnt OF nine years
after escape OK tue deceased ~leh she supposed MN
10 be dead. L.,
~ the tmc reasoning Anthony Smith Is the lawful
SON and herr OF The deceased, but he is particularly
50 under the laws Ul Nrglua OF lSG0, which piONldetha
wherever negroes nave coAabted as man ana "lie 4a
shall nave &C. c0hlIt before the passage 81 That
ft fnr auv cause all the children or the wOnafrccOs-
uizel by the 70 be his sinai. be deemed legitimate.
II the deceased had died iuh1htInt Of the
state OF Virginia, Anthony Smith would have been
recognized his lc-llafc clAt, and cuJilc. 70 sue
coed 1 ms fathers estate, and y by the laws or Virginia
c would be- rcloglZ il cannot Dee doubled that me
courts %! tni> state under circumstances de.aiei,
should so recognize hun. As the result oI tue
aroye conclusions Isaac smith ana Elizabeth keatOn,
ALLEGED ,ry!yiu brother and slSlcr OF tie deceased, are
no, nr ext or h entitled 10 OF the estate OF the
iutc-tatv.
decree contOrmable 10 the ABOVE opinion .; PIE
seuted for sguatIrc.