New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-04

agslnst the forming Of these upon false Oase the
mockiDg Of God with false pretenses, the offer
ing ofstrsnge FIRE upon His altar In other words
i would not have a contract base upon CONNER
cial relations placed in the light Of sacrament,
as marriage should be ard see no way OF pre-
venting this except by putting the sexes upon
platform OF equality 80 far property is con
cerntd till the time shall come when human 10
terests shall be better equaliZed | would have
no mixing and cOnfOundiOg subjects by the gloss
OF false names and appearances. | would have
the affections TO stand In their beautiful integrity
i would have a traffic barter, stand on its 0 Tn
peoestal-and Humanity co1rageously asserting
not only its own individuality in the type whether
of man OF woman, but courageOusly truthful Ia
its vocabulary; calling things by their right
names, and not 10 be slammed by pretenses. So
ciety is very squeamish in its dictionary bat ex.
ceedingly lenient in its facts so long as conven.
lionahsm is left intact This is well-for a house
of glass must be treated gingerly. Is that Of the
world stair symbol ofsociety, and hint that the
whole world must be careful not to cast stones
We come now 10 the
GREAT COSTRAcT, or MARRIAGE, which, as it
involves so much Of human comfort and interest,
must be regarded by itself The very idea OF
contract presuppOses equality-a capacity be-
tween the contracting parties to understand the
nature OF the contract and fully agreed in regard
to its exactions. II IL can be proved that compul.
sion, fear, falsehOod, any species of interested
caiolery were brought in requlsitlon TO influence
either party, the contract is null, and the law
Kindly interpOses protecting shield. For this
reason, all contracts with children under age,
with wards and idiots, are void in law. They
have only TO plead infancy, aud they may roar
you gently as any sucking dove perfectly in
nOcuous
Now this is all well, and shows how delicately,
how prOtectvely, society looks after the interests
of commercial relations how vital it is in every
IL,
lations and how the law lifts itself like quilts
upon the fretful porcupine,' indignant at the
offender, indignant at the audacity OF the otfense.
The individual absorption Of property is its own
work; it is a child Of its own creation; baby,
first in the hands of the savage with his bow and
spear, but nursed into growth till it has become
the iyrant OF its creator, lOrding it over him with
a scepter more degrading and more potent than
that OF any sutocrat ever hurled by indignant
man from an abused throne. Hence the laws of
property are the most stringent Of any; for arising
out Of finite imitedness, they can be entirely de-
fined and made obvious to the understanding Of
the most imbecile capacity, the meum and tuum,
and whOsOeyer ofends 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
it that of man or woman, than he would violate
the laws of his 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 marries expressly for
money, for we confess women are especially on
their guard in 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 a reproach to their manllness
otherwise but the majority OF women In our
country are without fortune, or at least to so small
an extent 18th fortune, and the avenues 70 emo
ument are so varied. and sure to enterprise and
skiD that man is generally the one to secure the
wealth and then TO look about him for help mete.
Now admitting the exceptions to our rue-that
Genius is Of no AGES always oung-that Apol-
10 struck his lutte when the morning stars sang
together and the sons OF God shouted for joy, and
is ct fresh and strong, and breaihes into his vota-
RES perpetual youth admitting that Abelard at
forty may be adOred by Heloise at eighteen, that
Goethe at sixty may be quite enchanting 10 Bet
tina at sixteen-such men are rare. For, general
", the man who has passed his life to thirty aud
upward IN accumu stiDg wealth, has become hard,
selfish hackDeyed ia the world and utterly blind
10 the soul needs of a sensitive gIrlot half his
years He has learned the world to distrust it
and ten to one, instead of finding In him friend,
a prote ctor, 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
bad-very respectable-has been gay man IN
times past, but low is grave and entirely correct
indeed, sspires 10 carrying round the contribution
box Of Sunday, at which time he observes MISS
B the daughter of a widow, who lives Ia a sort OF
mysterious manner, but very genteel-Mrs G.
thinks Mrs B takes in sewing aud that her daugh-
ter helps her. and Mrs. c lives over the way, aud
KEEPS a sharp look out upon Mrs 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, and came for wsrd to the
Ior if oil nd afp N der Ia
tain quite genteelly. Mrs b. believed the book q
pretence. MIR. A. begins TO visit at Mrs. BIS Is
quite assiduOus 10 the mother-sends her new pat
terms from the shop and book now and then AT
length Mr. A. ard Miss 3 are seen sitting togeth
er under the curtain. Mrs. @. is quite shocked,
and rolls her eyes piousy Then there is a stir oil
carriages-a futter OF white ribbons and mar
risge.
Now, here is a contract. One party is mature in
life-experienced not only 10 the world but in the
nature Of his own soul, its needs its capacities,
ipfrmities and powers The other party Is a
child an infant in law, whose pen TO CONNER
cial contract would be worthless, who might in.
eed be hung for a murder, or imprisoned for
theft. but whose name in a contract is nothing
ignorant of the world ignorant OF herself; so i'm.
mature in judgment that her opinions are treated
with about as much Difference as a dolls would
be, could it be gifted with speech Yet this
girl, this child, is party to contract involv-
ing the well.being OF her whole future lie con-
tract by which she is consigned to sickness, care,
suffering, coercion and her individuality entirely
and com pletely suppressed. Is this, can this be
Justice in the sight of God, whatever it may be
in the eyes of man Can she, who is an in
fort en- idiot in worthless account OF dollars
ond ct uts, be capable of entering into contract
;nvovipg such tremendous INTEREST," Can this
nb;d whose nature has been so outraged even be-
Tore ,be can herself understand its laws, be held
re.nonsibIe for after resultsl Can the mao, who
thus IelHshy avails himself Of her inexP!erienOe,
have any guarantee 9. sucn con-
tractl Half the miseres that arise in the mar
ringe relation, arise from this source alone they
are premature the woman cannot sanction the an
conscious acts Of the child, and she recoiis from
the position.
Now we would not plead for the extension OF
divorces heaven knows they are becoming dis.