American marriage laws in their social aspects : a digest / by Fred S. Hall and Elisabeth W. Brooke.

  • Hall, Fred S. (Fred Smith), 1870-1946.
Date:
1919
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Licence: Public Domain Mark

Credit: American marriage laws in their social aspects : a digest / by Fred S. Hall and Elisabeth W. Brooke. Source: Wellcome Collection.

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    the states! that “‘all marriages hereafter contracted” in any other than the prescribed ceremonial manner or without the issuance of a license “shall be null and void.’’ The ceremony was clearly re- garded as the more important part, for the Commissioners provide an exception regarding the latter which recognizes the validity of an unlicensed marriage, under specified conditions, if it has been duly solemnized.? “Common law marriage is now supported,’’ Howard writes, ‘‘on two principal grounds. The innocent offspring, we are told, ought not to suffer because the parents have neglected the formalities prescribed by a mere statute. Moreover, to declare an irregular, perhaps a clandestine, union void is to invade the most sacred right of the individual.”’ II. THE MARRIAGEABLE AGE As to ‘“‘marriageable age’’—the age below which persons may not marry*—the authorities differ, Howard recommending the age of majority, and the Commissioners’ Act leaving the age to be fixed by law in each state. In 17 states no marriageable ages have been fixed by law and presumably the common law ages are in force—14 for males and 12 for females. The usual statutory ages are 18 for males and 16 for females. Howard says: ‘‘The age below which marriage may not be con- 1 An Act relating to and regulating Marriage and Marriage Licenses approved by Conference of Commissioners on Uniform State Laws and recommended for adoption in all the states, August, 1911. This act is known as the ‘“ Marriage License Act.’’ The office of the Commissioners is at Columbia, Mo.; Manley O. Hudson is Secretary. 2 For a fuller statement of this exception see page 22. 8’ Thus a correspondent in Oklahoma writes: ‘‘Our courts have gone the limit in upholding these irregular marriages. This is true, very largely, because of the fact that we have so many Indians here and many of them so ignorant of the law that a formal marriage is entered into by the more educated class of Indians but the full-bloods usually take up with each other and live as man and wife.” 4For a fuller discussion of the term “ marriageable age”’ and of the ages that have been established, see p. 32, (2). The importance of the question is indi- cated ina New Mexico decision which reads as follows: “The marrying of a female under 15 belongs to the class of statutory misde- meanors where knowledge of the person’s age and intent to marry when under age is not a necessary element of the offense. In a matter of such importance to the race the law imposes upon the officiating officer the duty of ascertaining at his peril the age of the persons marrying.’”’: (Territory v. Harwood, 15 N. Mex. 426.) 5 Section V.