Historical Documents - Office of the Historian

No. 62.
Mr. Evarts to Mr. Van den Bossche.

Department of State, July 12, 1879.

Sir: I have the honor to acknowledge the receipt of your note of the 7th instant, and in reply to inclose herein copies of two circulars of [Page 122] the Department based on the report of the law officer of the Department regarding marriage laws in this country, referred to in the note of the Department of 3d instant. That report appears, however, to have been made in 1872, rather than in 1874, the date assigned in the above-mentioned note.

Accept, sir, a renewed assurance of my high consideration.

WM. M. EVARTS.

[Inclosures.]

Circular No. 18.

Department of State,
Washington, February 16, 1872.

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 as to the age at which males and females, whether unmarried or married, attain their majority, the Department, some time since, addressed a circular letter to the executives of the several States and Territories, from which the following information has been extracted:

states.

Alabama.—Males under 17 years, and females under the age of 14, cannot contract marriage. Both males and females attain their majority at 21 years of age.
Arkansas.—Males at the age of 21 years, and females at 18, attain their majority.
California.—Males attain their majority at the age of 21 years and females at 18.
Connecticut.—Males and females, unmarried or married, attain their majority at 21 years of age.
Delaware.—Males attain their majority at 21 years of age, females at 21 or marriage.
Florida.—Males and females, married or unmarried, attain their majority at 21 years of age.
Georgia.—Males and females, married or unmarried, attain their majority at 21 years of age.
Illinois.—Males attain their majority at 21 years of age and females at 18.
Indiana.—Males and females, married or unmarried, attain their majority at 21 years of age.
Iowa.—The period of minority extends in males to the age of 21 years and in females to 18, but all minors attain their majority by marriage.
Kansas.—Males attain their majority at 21 years of age and females at 18, whether married or unmarried.
Maine.—Males attain their majority at 21 years of age, and females, for the purposes of marriage, at 18, and for all other purposes at 21.
Maryland.—Males attain their majority at 21 years of age and females at 18.
Massachusetts.—Males and females attain their majority, whether married or unmarried, at 21 years of age.
Michigan.—Males and females attain their majority at 21 years of age. (The age, however, so far as relates to females, is established rather by implication than direct averment of statute.)
Minnesota.—Males attain their majority at 21 years of age and females at 18. (Males, however, are qualified under the law to contract marriage at 18 and females at 15.)
Missouri.—Males attain their majority at 21 years of age and females at 18.
Mississippi.—Males and females attain their majority, whether married or unmarried, at 21 years of age. (Females are allowed to marry without consent of parents or guardian at 18.)
Kentucky.—Males attain their majority at 21 years of age, females 18. (Males can marry at 18 and females at 14.)
Louisiana.—Males attain their majority at 21 years of age and females at 18. (Males can marry at 14 and females at 12.)
New Hampshire.—Males attain their majority at 21 years of age and females at 18.
New Jersey.—Males and females attain their majority at 21 years of age. (Females can marry without consent of parents or guardian at 18.)
New York.—Males and females attain their majority, whether married or unmarried, [Page 123] at 21 years of age. (Males may dispose of personal estate, by will, at 18 and upward, and females at 16. Marriage of females under 14, without consent of parents or guardian, may be declared void by the courts.)
North Carolina.—Males or females attain their majority, whether married or unmarried, at 21 years of age.
Nebraska.—Males attain their majority at 21 years of age; females, married, at 16; unmarried, at 18.
Nevada.—Males attain their majority at 21 years of age and females at 18.
Ohio.—Males attain their majority, whether married or unmarried, at 21 years, and females at 18.
Oregon.—Males attain their majority at 21 years of age and females at 18, or on their marriage.
Pennsylvania.—Males and females attain their majority at 21 years of age. (In cases of apprenticeship, the male, under the law, is released at 21 and the female at 18.)
Rhode Island.—Males and females, married or unmarried, attain their majority at 21 years of age. (But both male and female may make a will of their personal property at 18.)
South Carolina.—Males and females, married or unmarried, attain their majority at 21 years of age.
Tennessee.—Males and females, married or unmarried, attain their majority at 21 years of age.
Texas.—Males or females attain their majority at 21 years of age. (Minor female upon marriage becomes of full age.)
Vermont.—Males attain their majority at 21 years of age and females at 18.
Virginia.—Males and females attain their majority, married or unmarried, at 21 years of age.
West Virginia.—Males and females attain their majority at 21 years of age. (Minors, 18 years of age and upward, may dispose of personal property by will. No marriage can be solemnized between parties either of whom is under 21 years of age, unless with the consent of father, guardian, or mother.)
Wisconsin.—Males attain their majority at 21 years of age and females at 18. (Marriage of a minor does not affect the state of majority.)

territories.

Colorado.—Males attain their majority at 21 years of age and females at 18. (Males can marry at 16 and females at 14.)
Dakota.—Males attain their majority at 21 years of age and females at 18. (Males can marry at 16 and females at 14.)
Idaho.—Males attain their majority at 21 years of age and females at 18. (Males can marry at 16 and females at 14.)
Montana.—Males attain their majority at 21 year’s of age and females at 18. (Males can marry at 18; no age fixed for females.)
New Mexico.—Males attain their majority at 21 years of age and females at 18. (Males must be 21 years of age to marry without consent of parents, but no age fixed for females.)
Utah.—Males attain their majority at 21 years of age and females at 18. (A minor may make contract for personal services.)
Washington.—Males attain their majority at 21 years of age and females at 18. (All females married to a person of full age shall be deemed and taken to be of full age. Males and females under age must have consent of parents or guardian to marry.)

I am, gentlemen, your obedient servant,

HAMILTON FISH.

Circular No. 39.

Department of State,
Washington, February 16, 1872.

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: