Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-09-27
Garbling the Kentucky Marriage
Law
How DEMOCRATS ATTEMPT TO MIsREPRE.
SENT Mr.. BLAINE BY QUoTATIONs PROM
THE KENTUCKY STATUES.

Within the last two days certain democrat
ic newspapers, apparently inspired by the
Democratic National Committee, have con-
tanned articles purporting to set forth the
marriage laws of Kentucky, as they stood in
1850. John A. Bennett, a we'll known law
yer, is given by the Boston Herald as author
ity for the statement that marriage license
was never required in Kentucky until 1852,
and that since 1852 marriage without such
license is void. The indianapolis Sentinel,
probably acting under the advice of legal
counsel. asserts that the present marriage
laws of Kentucky were in force in 1850 and
have ever since so remained, and that "a
marriage without a license was ab initio
void. The Sentinel undertakes to cite the
law, but is careful to omit certain sections.
1t quotes the section which says that MAR
riage is prohibited and declared void when
not solemniZed or contracted in the presence
of an authorized person or society," and the
section which provides that only ministers of
the Gospel or priests of any denomination in
regular communion with any religions
society, Judges or the County Court and such
Justices of the Peace as the County Court
may authorize. shall solemnize the marriage.
1t also quotes from sections prescribing pen
alties for violation of the law by persons who
solemnize marriages, but it does not cite
Section I, which reads as follows; mo
marriage solemnized before any person pro-
Tossing to have authority therefore shall be
invalid for the want of such authority, if it
is contaminated with the belief of the parties,
or either OF them, that he had authority, and
that they have been lawfully married.
The Courier-J journal of yesterday, editori-
ally abiding to the Sentinel. spoke of 1.-THE
pestiftrous idiocy and incalculable dirtiness
OF an irresponsible newspaper" What name
it will give to this suppression of a vital pro-
vision i'll a law which the Sentinel processes
to quote correctly remains to be seen. The
garbled citation is reproduced in the World
of to- day. brief statement respecting the
enactment OF the Kentucky law is pertinent.
While, in the words of Mr.. Blaine, The Law $
of Kentucky made license certified by the
county court indispensablv requisite to a
legal marriage" the word ''void" did not
appear in the statutes until the year 1850 or
| 1851 By an act approved February 26. 1850,
a codificaton of the laws was provided for
and thirty-two chapters of the codification
seem to have been completed that year. On
March "a, 1851, these chapters, having passed
the General Assembly. wereSapproved by the
Governor. The first chapter was that con-
tanning the provisions relating to marriage.
and section provided that marriages should
be void unless solemniZed by certain
authorized persons. The chapter also con-
tanned section above quoted Doubtless the
work of the commissioners appointed to cod
ify the laws was the subject of much public
discussion and comment in Kentucky during
the winter of lS50-'5l Their partial report
was adopted and approved on March "A, 1851 ,
and on March % of the same year Mr.
Blaine's marriage was solemnized second
time at Pittsburg.-N. Y Tribune.