Scott v. State
Supreme Court of Georgia
Criminal law. Marriages of negroes and whites. ' Decided by Judge Clark. Dougherty Superior Court. December Term, 1869. Charlotte Scott was indicted for cohabiting and having sexual intercourse with one Leopold Daniels, she being “ an unmarried woman of color,” and he being “ an unmarried white man.”
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Criminal law. Marriages of negroes and whites. ' Decided by Judge Clark. Dougherty Superior Court. December Term, 1869. Charlotte Scott was indicted for cohabiting and having sexual intercourse with one Leopold Daniels, she being “ an unmarried woman of color,” and he being “ an unmarried white man.” On the trial, her daughter testified, that about three months before the trial, Charlotte, came home from Macon with Leopold; that they said they had been married, and addressed and treated each other as man and wife, and regularly slept together. She said, “ it was understood, and so considered…
1Opinion of the CourtBrown, C. J.
The record in this case presents a single question for the consideration and adjudication of this Court. Have white persons and persons of color the right, under the Constitution and Laws of Georgia, to intermarry, and live together in this State as man and wife ? The question is distinctly made, and it is our duty to meet it fairly, and dispose of it.
The Code of Georgia, as adopted by the new Constitution, section 1707, forever prohibits the marriage relation between the two races, and declares all such marriages null and void. With the policy of this law we have nothing to do. It is our…
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