New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-11-27


mutual relations while it lasts Of the husband and
wife. II was no doubt, the perception Of this
hct-spd of the means of influence which the
control Of marital relations carried with it-that
led the Church throughout Europe to engross to it.
self that entire branch Of the law, upon the ground
that marriage is sacrament, and therefore thing
TO be wholly regulated BY the church.
Tn the progress of reforms, az well in Catholic as
in Protestant countries, the Church has gradually
been ousted 10 greater or less extent Of this jurs'
dcion: but this is curtaiment OF its influence to
| which it submits with great reluctance, and to
which, in Austris, it has recently made successful
resistance. By the recent COncordat between the
Emperor Of Austria and the Pope, among other
Concessions TO the Church, and perhaps the most
remarkable one of the whole, the Marriage law,
which lately formed part Of the Austrian Civil
Code, and which an Austrian jurlsconsult writing
from Paris to The London Times, describes as
Gan excellent and popular law, the final result OF
",he prolonged labor during the last five hundred
"yesrs Of many of Austra's best aud wisest sons
Honorable and benevolent men, among whom were
"statesmen, lawyers, and even priests-employed
sin Graduating from the Can0ncal law whatever
"wss found to be preudical to the social interests
..of man"-ths law, the result of so much thought
and labor has been set aside, and the ambiguous
prescripts of the Canonical law, closing with the
ordinances of the Council of Trent have been set up
in its place DO allowance whatever being made
for the great changes which the relations of social
life have undergone during three centuries.
Under this new regime the State still indeed
retans-as it always did, even at the hight OF cleri-
cal usurpation-its control over the civil legal conse-
ouences of marriage such as inheritance and the au-
thorty of the husband over the wife and her chdren
but as 70 the impediments to marriage, who can
marry, what makes q marriage, AMI the matter of
its dissolubility-all that is turned over to the
Church. 1t is alleged, and not without reason, BY
those opposed to this change that the Canonical
law is diffuse and Obscure-a striking contrast in
this respect to the precise and exact phraseoogy Of
the Austrian Civil COde-giyiDg descriptions instead
of definitions and with exceptions to its rules so
numerous that the rules themselves are almost lost
sight Of and afordng, by its ambiguity of language,
great opportunities for the exercise OF arbitrary
power.
The following are some of the Objectionable
changes as to particular provisions. BY the Civil
Code Of Austria, persons under fourteen are con-
sidered totally incapable Of acting for themselves in
any respect and therefore incapable of contracting
marriage But the Canon Law fixes the age
of consent for females at twelve; and this absurd
provision, borrowed from the canon, still is, we may
remark the law in many Of the States of this Union
| and il also holds the marriage even Of parties
under that age to be valid and binding, if the Bishop
or the Pope has certified that the parties possess the
physical and mental qualities requisite for entering
| INTO matrimonial engagement. The new Austrian
| law. therefore, yields the point that marriages
| of persons under fourteen may be binding, but it
requires by virtue of its civil authority, that in
such cases the parties shall be separated till both
attain the age of puberty
The Civil Code in case of mnors-and in Austria,
as in most other European countries, twentyfour is
the sge Of nsjority-made the consent Of the
father or his legal representative necessary to the
validity Ct marriage. At the same time the minor
was protected from any ab0se of this authority by
specific enumeration Of the cases in which the
father could refufe his consent, with provision Of
legal means to compel him to give it in all other
cases. The Canon Law on the other hand dsre-
CARDS this inpediment, and 80 does the new Aus
TRAN Code, so far the validity Of the marriage is
Concerned, though it still seeks to prevent such
marriages not only by the exercise Of its civil
power in the infction Of penalties on the priest,
but by giving the parent power to disinherit his
disobedient child, and BY the provision that
subsequeLt reconciliation shall not be considered
waiver or revocation of such disinheritmenf
Upon these two clauses Of the Austrian law, the
core spondent of The London Times makes the FOL
lowi ing observation-disclosures, it may DO re-
marked, not exclusively applicable to the new Aus
TRAN aw but which apply with equal force to the
laws on the same subject in many OF the United
States, the only difference between us and the
Agstrsns berg, that while they have re-subjected
themselves to the Canonical law, we-Protes.ants
"a well a. Catholics-have never known, so far IS
marriage relations sre concerned, what it Is to be
rec from il. We quote:
THE foregoing absurd ordinance would appear to
have been made for the express behoof OF unscrupu-
lcus adventures and designing women. Let US cup
pote a case. Some ne'esdo-wen with handsome
face and prepo sessing manners wins the affections OF
ricL Young gh Of 6sh family, who has not yet al
tai, e the eye Of puberty. lie per-uafes he victim
to clone with him and finds priest who, for vau'
Able G. Grafton consents 10 perform the marriage
9e,tutry Tie union Of tie Unmatched pair is ia
teCaOse q canons say thtt death alone can
dissolve Calhoiic u-arrisge and the parents OF the
Fri can do 20 more titan in ct their co!6 being
epsraed from her seducer VI I'll she has att snsd tue
see Of puberty. II is true that the priest would be
sbe 70 be Imprisoned out not IN State prison, for t
h. attd ia Article IA Of the Concerdat that If
Col 10 i,-cI n