Lenoir County NcArchives Court.....Joel Fore & Susan Chesnut, State V. 1841
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a January 1, 2012, 5:10 pm

Source: N C Reports
Written: 1841

State v. Joel Fore and Susan Chesnut

The marriage between a free person of color and a white person is, by the law 
of this State, null and void, and therefore, when such persons bed and cohabit 
together, they come within the provisions of the act of Assembly against 
Fornication and Adultery. 

An indictment ought to be certain to every intent and without any intendment 
to the contrary. But if the sense be clear and the charge sufficiently 
explicit to support itself, nice objections ought not to be regarded.

An indictment, charging that J. F. did "take into his house one S. C. and they 
did then and there have one or more children without parting, on an entire 
separation, they, the said J. F. and S. C. never having been lawfully 
married," is sufficient certain, though carelessly expressed. The Court must 
intend from these expressions that the parties were of different sexes.

This was an indictment against the defendants, tried at Spring Term, 1841, of 
Lenoir Superior Court, before his Honor Judge Bailey. The indictment was in 
the following words, to wit:

"State of North Carolina }     Superior Court of Law,
           Lenoir County } SS     Fall Term, 1840
The jurors for the State upon their oaths present, that Joel Fore, late of the 
County of Lenoir, on the first day of August, in the year one thousand eight 
hundred and forty, and on divers other days and times before the taking of 
this inquest, with force and arms, at and in the County aforesaid, did take 
into his house one Susan Chesnut, and they did then and there live and bed and 
cohabit together without being lawfully married, contrary to the form of the 
Statutes in such cases made and provided to the evil example of all others in 
like case offending, and against the peace and dignity of the State.

And the jurors aforesaid, upon their oaths aforesaid, do further present, that 
Joel Fore, late of the County aforesaid, on the day and year aforesaid, and on 
divers other days and times, at and in the County aforesaid, with force and 
arms, did take into his house one Susan Chesnut, and they did then and there 
have one or more children, without parting, or entire separation, they, the 
said Joel Fore and Susan Chesnut, never having been lawfully married, contrary 
to the act of Assembly in such case made and provided, to the evil example of 
others in like case offending, and against the peace and dignity of the State."

Upon the trial it was proved that the defendants had, continuously for a year 
immediately preceding the finding of the bill of Indictment, bedded and co-
habited together as man and wife, and had one child without parting; and it 
was admitted by defendants' counsel, that the defendant Joel was a free person 
of color, and the defendant Susan was a white woman. The defendant's counsel 
offered in evidence a license from the Clerk of the County Court, authorizing 
the marriage of the defendants, bearing a date subsequent to the act of 
Assembly passed during the session of eighteen hundred and thirty eight-nine, 
declaring marriages between free persons of color and white persons null and 
void; and further offered to prove that the marriage was duly solemnized in 
the year 1840, prior to the co-habitation. The Court rejected this testimony, 
and the defendants were convicted. Rule for a new trial upon the ground of the 
improper rejection of testimony. Upon argument the rule discharged - 
Whereupon, the defendant's counsel moved in arrest of judgment. This motion 
was over-ruled, and judgments pronounced for the State. From this judgment the 
defendants appealed to the Supreme Court.

The Attorney General in support of the conviction and judgment, relied upon 
the Rev. Stat. c. 34, s. 46, and act of 1838-9, c. 24
No counsel appeared for the defendants

NC Supreme Court Justice Daniel, J. - The act of Assembly, cited in this case, 
declares that all marriages between free persons of color and white persons, 
shall be null and void. There was, therefore, no error in the judgment of the 
Superior Court, which must be certified accordingly. (see court case for 
judge's full findings)

Per Curiam
Ordered accordingly

Additional Comments:
In the NC Supreme Court June Term 1841

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