Office of the Historian

No. 6.

Department of State,
Washington, May 3, 1873.

To the Diplomatic and Consular Officers of the United States:

Gentlemen: Occasions having arisen in which it was found desirable for the diplomatic and consular officers of the United States to possess authentic information concerning the laws in force in the several States and Territories of the United States in relation to births and marriages, the Department has collected from the laws of the several States and Territories the following information on the subject:

states.

  • Alabama.—There must be a license to marry from the judge of probate; certificate of the marriage returned to him and recorded in his office. No registry of births.
  • Arkansas.—No license; but the person solemnizing must return a certificate to the clerk of the court for the county, who shall record it. No registry of births.
  • California.—No license required; but persons solemnizing must keep a record and transmit it to the county recorder, who shall record it. No registry of births.
  • Connecticut.—License must be had from town clerk; certificate returned to town registrar, and by him recorded. No registry of births.
  • Delaware.—A marriage-license must be had, or bans published in church. Persons solemnizing must keep a record, and once a year transmit copy to recorder of county, who records it. No registry of births.
  • Florida.—License for marriage to be issued by clerk of county; certificate of, returned to him, and he records it. No registry of births.
  • Georgia.—License for marriage issued by ordinary of the county; certificate returned to him, and he records it. No registry of births.
  • Illinois.—Bans must be published two weeks in church, or license obtained from county clerk; in either case certificate to be returned to him by party solemnizing, and by the clerk recorded. No registry of births.
  • Indiana.—No license required; but certificate of, must be returned to county clerk, and by him recorded. No registry of births.
  • Iowa.—License must be had from the county clerk, and party solemnizing must return certificate to clerk, who records it. No registry of births.
  • Kansas.—No license is required; but certificate to be returned to the county clerk by the person solemnizing, and to be recorded by the clerk. No registry of births.
  • Kentucky.—There must be a license, or publication notice, filed in clerk’s office; certificate to be returned to the registrar of births, deaths, and marriages, who is to record it. While there is provided in this State a mode of registering births, as there is no provision requiring parents to report birth, the law is, to a great extent, a dead letter.
  • Louisiana.—The parish judge issues a license, and the certificate is returned to that officer, and he records it. No registry of births.
  • Maine.—The town clerk issues license, or publication of bans in church; the party solemnizing the marriage keeps record, and makes [Page 33] return to the town clerk within a year; clerk records it. No registry of births.
  • Maryland.—The clerk of orphans’ court issues license; the certificate is returned to him, and he records. No registry of births.
  • Massachusetts.—Parties intending to marry must file notice with the clerk, after which he issues license; and certificate is returned to the town registrar, who records it. Inhabitants of this State going out of the State to marry, in order to evade law, marriage declared void. No registry of births.
  • Michigan.—License issued by county clerk, and certificate returned to him; clerk records it. No registry of births.
  • Minnesota.—No license; but the minister or magistrate who performs ceremony must examine one of the parties, on oath, as to whether the proposed marriage is such as the law allows; certificate of oath and marriage returned to the county clerk for record. No registry of births.
  • Missouri.—License by clerk, and certificate returned to him for record. No registry of births.
  • Mississippi.—License issued by registrar of orphans’ court, and certificate returned to him for record. No registry of births.
  • New Hampshire.—The intention to marry must be published at three meetings, either religious or town meetings; certificate of town clerk of such publication is the license; it is returned to him and recorded. No registry of births.
  • New Jersey.—No license is required; but certificate of marriage to be returned to town clerk, and by him recorded. No registry of births.
  • New York.—No license is required; but certificate of marriage must be returned to the registrar of births, marriages, and deaths; provision is also made for the return of all births, but not generally enforced.
  • North Carolina.—License to be issued by county judge or clerk, and certificate returned to clerk, who records it. No registry of births.
  • Nebraska.—Judge of probate issues license, and certificate is returned to that officer, and he records it. No registry of births.
  • Nevada.—No license required; certificate returned to county clerk, who records it. No registry of births.
  • Ohio.—Bans may be published in cirareh, or a license from clerk of county court, to whom, in either case, certificate is returned for record. No registry of births.
  • Oregon.—No license is required; but certificate returned for record to recorder of the county court. No registry of births.
  • Pennsylvania.—No license required; but the person solemnizing the marriage must keep record. No registry of births.
  • Rhode Island.—No license required; but return must be made by person solemnizing marriage to town clerk for record. No registry of births.
  • South Carolina.—License from the clerk of the county court, and return made to him for record. No registry of births.
  • Tennessee.—License from clerk of county court, and return of certificate to him for record. No registry of births.
  • Texas.—License from clerk of probate court, and return of certificate to him for record. No registry of births.
  • Vermont.—Publication in either church or town meeting; certificate returned to town clerk for record. No birth registry.
  • Virginia.—License from county court, and return of certificate to court for record. No registry of births.
  • West Virginia.—License from clerk of county court; certificate returned to that officer for record. No registry of births.
  • Wisconsin.—Person solemnizing to examine one of the parties on oath; to make certificate and return the same to the county clerk for record.

territories.

  • Colorado.—No marriage-license required; but certificate to be returned by the party solemnizing to the clerk of county for record. No registry of births. In this Territory if a married man dies without a will or issue, all his property, real and personal, goes to his widow.
  • Dakota.—No marriage license required, and no record kept. Judges, justices of the peace, and ministers of the gospel may solemnize. No registry of births.
  • Idaho.—No license required; but party solemnizing must, within three months, return certificate of, to county recorder for record. No registry of births.
  • Utah.—No license required, and no registry of either marriages or births.
  • Washington.—No license required; but certificate to be returned by the party solemnizing to the county recorder for record. No birth registry.
  • New Mexico.—No license required, and no registry of marriages or births.

I am, gentlemen, your obedient servant,

Hamilton Fish.

Note.—In the several States and Territories penalties are imposed by the statutes for a failure to comply with the requirements as to license or return of the certificate—in some cases against the parties to the contract, in other cases against the party solemnizing the marriage, and in some instances against all parties; but in none of the States or Territories is the marriage null and void because of a non-compliance with the requirements of the statute.