New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-05

Ing EtTaIEC
/ would not have contract oase upon cohhst'
cial relations placed ia the light OF sacrament
as g marriage should be and see 40 way OF pre-
venting this except by putting the sexes pom
platform Of equality so far rs properly Is con
cerned till the time shall come wnen hunan 'n-
terests shall be better equallzed- "ou'u ua.o
no mixing aud confounoog subjects Oy tue Y'oss
Of false names and appearances would nave
the affections 10 stand Ia their 0eautiiui INTEGRITY
i would have traffic, barter, stanh on us o~u
pedestal-and Humanity courageoasly asserting
not only its OVID individuality IN the type "aeSueI
Of man or woman, but coursgeously trutmai ia
its vocabulary; calling things by their rlgnt
names, and not 10 be slammed by pre1enses' 90
ciety il very sQueamiih in its dictionary out eA-
oeedingly lenient in its facts, so long "a conVeh'
tiou ahsm is left intact. This is well-ior ho1se
of glass must be treated gingerly Is that OF tue
word stair a sy mbol ofsociety and hint that tine
whole world must be careful not TO cast stones
We come now TO the =.
GREAT Contract, or MARRIAGE, when, as IL
involves so much Of human comfort and interest,
must be regarded by itself The very idea OF
contract presupposes equality-a capacity pc
+ tween the contracting parties to understand TUG
nature OF the contract and fully agreed In reg ara
to its exsctions. If it can be proved that compui
sion. fear falsehood, or any species OF interested
csiolerv were brought in requsition 70 lnhuence
either party. the contract is null, and the law
kindly interposes protecting shield Z or Iuls
all contracts VIII CuliulSu 0hNOt NSSt
with wards and idiots, are void IN law Tney
have only TO plead infancy, and they may roar
YOU gently as any sucking dove perfectly In
nOcuous. r,
Now this is all well, and shows how deicately
how protectivey society looks after toe interests
of commercial relations how vital lsin every
part where there is any infringement OF these re-
lations, and how the law lifts itself ike quuls
upon the fretful porcupine,' indignant az the
offender indignant at the audacty OF the olense
The individual absorption OF property IS its own
work; il is child of its own creation oaoy.
first in the hands of the savage with his DO" anG
spear, but nursed into growth till 1t has become
the iyrant of it's creator, ording 1t over HIM with
o scepter more degrading and more potent than
| that OF any autOcrat ever hurled by indignant
man from an abused throne. Hence the laws OF
property are the most strngentOf any Tor, arising
out of finite mitedness, they can be entirely de.
fined and made obvious to the understanding OF
| the most ecile capacity, the meum and tuum,
! and whosoever OHends against such IS punished
| accordingly.
Not so the laws Of God implanted in man
These are the growth of each individual OF the
| race and the thoroughly Just man will no more
disregard the rights of distinctive human soul, be
! il that Of man or woman, than he would violate
| the laws of bis country. We come now TO the
conditions under which the greater part OF the
| Contracts of Marriage are entered into. We will
| say nothing of the man who marrles expressly Tor
! money for we confess women are especially on
their guard 10 a matter involving such an insult to
! their womanhoOd; and men, for the most part, do
! deal Justly at least to a woman won upon such
terms-it would be reproach TO their manllness
! otherwise but the majority of women in our
country are without fortune or at least 70 so small
! an extent with fortune, and the avenues TO emo
lument are so varied, and sure to enterprise and
skill that man is generally the one 70 secure the
| wealth and then to look about him tor help mete.
Now admitting the exceptions to our rule that
/ = = IL tl ~ Anal
! 10 struck his lutte when the morning stars sang
together and the sons Of God shouted for joy and
is vet fresh and strong, and breathes into his vota
res perpetual youth; admitting that Abelard at
forty may be adored by Heoise at eighteen that
Goethe at sixty may be quite enchanting TO Bet
tina at sixteen-such men are rare For, general.
", the man who has passed his life to thirty and
upward in accommodating wealth, has become hard.
selfish, hackneyed in the world, and utterly blind
to the soul needs of sensitive glrl OF halt his
wears He has learned the world to distrust 1t
and ten 10 one, inste ad of finding in him friend,
protector, guide she finds only petty and
suspicious tyrant.
Take an example Mr. A dealer in the dry
goods business is little rising OF thirty, slightly
bald-very respectable-has been gay man In
times past, but now is grave and entirely correct
indeed pres to carry ing round the contribution
box Of q Sunday, at which time he observes Miss
b the daughter of a widow, who lives in sort OF
mysterious manner, but very gentee-Mrs =.
thinks Mrs b. takes 10 sewing, and that her daugh-
ter helps her and Mrs. G.. lives over the way, aud
Keeps a sharp look out upon Mrs b indeed by
the aid Of glass she once found that Mrs. b. sat
three full hours stitching in the back room, and
| then arose, took book, AMI came forward to the
window, as If casually, and stood under the cur
tain quite genteelly. Blrs B. believed the book
| pretence MIR. A. begins 10 visit at Mrs. BIS Is
quite sssiduous TO the mother-sends her new pat
| terms from the shop, and a book now and then. At
| length Mr. A. and Miss are seen sitting togeth-
er under the curtain. Mrs G. is quite shocked,
ard rolls her eyes piOusly. Then there Is STR OF
cauisges-a futter of white ribbons, and mar
| risge.
Now, here is a contract One party is mature in
/ he-experienced not only Ia the world but In the
/ nature Of his own soul, its needs, its capacities,
! infrmities and powers. The other party is
/ child an infant in law, whose pen to a CONNER
| cial contract would be worthless, who might in.
/ deed be hung for q murder, or imprisoned for
/ theft but whose name in a contract is nothing
| ignorant Of the world. ignorant of herself; so ion
mature in judgment that her opinions are treated
with about as much difference as dolls would
| be, could it be gifted with speech. Yet this
| girl this child, is party to contract involv-
ing the well.beiDg OF her whole future life con-
tract by which she is consigned to Sickness care,
suffering coercion, and her individuality entirely
and completely suppressed. Is this, can this be
| justice in the sight OF God. whatever 1t may be
| in the eyes Of man Can she, who is an in.
FAINT an idiot in worthless account of dollars
and cents, be capable of entering into a contract
involving such tremendous INTEREST," Can this
child, whose nature has been so outraged even be-
| fore abe can herself understand its laws, be held
responsible for after results Can the man, who
thus selfshly svsils himself Of her inexperience,
! have any guarantee of fathfuness in such con-
tract Half the miseries that arise in the mar
rage relation, arise from this alone; they
are premature the woman cannot sanction the IN
conscious acts of the child, and she recoils from
the position.
Now we would not plead for the extension of
divorces heaven knows they are becoming dis
grace TO the country-but we would insist that
he marriage contract be put upon The same base
nth ofher CONTRACTS. In other words there shonld