Marriage Jurisdictions

Marriage records in the United States have been, and in some cases still are, kept by churches, ministers, justices of the peace, state boards of health, colonial governors, military personnel, and local (county and town) governments.

State Boards of Health/Bureaus of Vital Statistics

The most important record-keeping agencies for marriages and divorces in the United States today are the state boards of health or bureaus of vital statistics (or their equivalents). Even though these agencies are primarily state bodies, large cities usually have their own registries. However, few states had them until after 1850. Vermont (1770) and Washington, D.C. (1811), were the first to form them; Colorado (1968) was the last. Even when the requirement existed, the laws were seldom enforced; consequently, many genealogists are reluctant to spend the time necessary to search for marriage records on file with these agencies for early periods. However, residents of heavily populated cities are not often mentioned in local histories or biographical publications. Quite often they can be found only in major record sources. Thus, it is imperative to search for whatever records may exist.

Colonial Governors

Many of the earliest marriage records were kept by the offices of colonial governors. While not numerous, many of these records are still in existence, usually in state archives. Some are now in print.

Military Personnel

Colonial, state, and federal military officers and ships’ officers (military and civilian) often performed marriages and recorded them in ships’ logs, daybooks, and private journals. Those records can be found among military records maintained by the federal government and in historical societies, libraries, and museums.

Town and County Governments

Town clerks in New England and county clerks elsewhere have been responsible for registering most marriages in the United States. Marriage records were kept in New England beginning in the 1600s and in the South beginning in the 1700s. Clerks issued documents granting permission for a couple to marry, and then they received notification that the ceremony had taken place from the ministers and justices of the peace in the towns or counties. The remainder of this chapter will discuss in detail the records on file in these town and county jurisdictions.

There is no uniformity among U.S. marriage records. Researchers should thus become familiar with the laws and customs of each area and time period to be researched. Some jurisdictions required more than one form of document, and the information required on different documents often varied. For [p.88] example, Kentucky marriage registers usually include the names of the bride and groom, the date and place of the marriage, and the officiating authority. The marriage license, issued as a separate record for the same couple, could also include residence, age, place of birth, names of parents, and occupation.

Churches

Churches were among the earliest keepers of marriage records. By 1640, Virginia and Massachusetts had passed laws requiring ministers to present records of the marriages they performed to civil officials in the county or parish. Records of marriages in areas that did not require periodic reporting remained with the minister or the church.

Many churches, especially in the frontier areas, did not keep extensive records, and many records have been lost or destroyed. New England churches, Quaker Monthly Meetings, and the German churches kept and have preserved the most complete records. (See also Research in Church Records)

Justices of the Peace

Most states have authorized the election or appointment of justices of the peace who can perform marriages. Like ministers, justices have also been required to submit records of the marriages they performed to civil authorities. Justices also maintained their own registers, often in the personal account books in which they recorded the fees paid. These sometimes contain marriage and other genealogical information not forwarded to the civil authorities and they should not be overlooked by the researcher, even when civil records are available. Justices’ registers can be found in the care of county clerks, local historical societies, libraries, and descendants of the justices themselves. Several are on microfilm at the Family History Library of The Church of Jesus Christ of Latter-day Saints (LDS church), and some have been published by local genealogical societies.