New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-12-14
DAILY CRESCENT.
OFFICIAL JOURNAL
IF THE CONSOLIDATED CITY OF NEW ORLEANS.


LAW DEPARTMENT
On Wednesday evening had the pleasure of hearing
Christian Roselius Professor Of Civil Law in the Cniver-
sty deliver highly interesting and instructive lecture
the law Of naoTiage subject, in the language Of
the Professor himself which is generally gladly studied
hy young gentlemen"
After speaking of the objects of the institution of mar
rage the Professor spoke of the capable of
ryng and laid it down general rule that all persons
capable Of entering into this contract except those
whose ncapacty is declared by law The impediments to
marriage relative and absolute directory and imperative
all accurately stated and clearly explained There
is perhaps anomalous rule in the whole Civil
Code of Louisiana than that which determines the
(which persons permitted to marry they deemed
incapable of entering into any contract however unim
porant insignificant may be- unless be through the
agency Of their parents tutors until they have attained
the age of twenyone years yet they take the most
important step in life involving their whole destiny at
the age of twelve and fourteen years This singular fea
Of law said Professor Roseus has been borrowed
from the Roman juris prudence To suffer such law to
rerasS the statute book even as dead letter was
pronounced to be disgrace to the State.
Marriage being considered by law contract it
must necessarily formed by the Of the parties
Formerly it made question whether person born
deaf and dumb could contract marriage No doubt can
entertained said the Professor their capacity to
marry if they have had the advantage Of instruction so
to enable them clearly to their consent either
by inteligble signs in writing The forms and solemn
ties prescribed by law for the celebration of marriages
were commented upon and ably explained. The opinion
Of the late Judge Buard delivered in the of Holmes
w. Holmes (6 r. 464 in which it decided that pa
role evidence admissible to prove marriage, de-
cared be good law The Court recognized and
reairmed the principles in the case of Bsauhier VS.
Fanor aud Ro The distinction between directory and
imperative laws accurately drawn, and the views Of
Mr. Smith in bis Commentaries Statute and Consti-
uonal Law cited in support of the principle laid
down by the Professor
From the very nature of the conuga relation the par
ties each other mutually fidelity support and assis
tance The husband s bound to protect his wife and
acknowledgment of that protection she obedience
to all his lawful commands There would no doubt be
much domestic happiness especially in the higher
circles of society if that precept Of the law we'll as
religion which incucates obedience of wives to their hus
bands better observed for nearly all the misery
the married life traced that spirit of iusubordi
nation which is sometimes foolshy considered as a mari
ofinteectua superiority The wife is bound to live witt
her husband and to follow him wherever he chooses Il
reside if he determines to move to foreign country
But from the of the relations between the married
couple which essentially founded love and afec
the law will not lend its coercve measures to enorc
specific performance of this duty By entering into tn
bonds Of matrmony the wife loses the capacity Of
cising nearly all civil rights independently of her hus
band The Professor enumerated contracts whic
the wife could not enter into with the consent of he
husband and some which would be binding without hi
consent.
The causes for which the bonds of matrimony may b
dissolved stated and commented upon at length
Certain marriages although celebrated with all the form
aties aud ceremonies prescribed by law are nevertheless
absolutely null and void and action need be institute
for the purpose of having them declared null For il
stance if Il notorious madman idiot to contract
marriage or if as was the with the unfortunate an
deluded Dr. Gains in the Merry Wives of Windsor ma
was to marry boy such marriage would be of no eec
without any judgment of court declaring it null and vol