New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-15
MARRIAGES BY NoTARIEs PUBLIC.

To IL, Editor Of The ~ T.. Tribune
SIR; In the number of July "a instant, of your es-
Unable journal it is said that Marriages by Notaries
Public are illegal and void, and that it appears
" that large numbers of nsppy or unhappy couples
have been united in that way. This appears 10 be
" principally among the Germans and French, who
are accustomed in their countries to solemnize
pnatrir,ouy under the auspices of officials answering
10 the functions of our NOtaries.'
Permit me- Sir 20 mention briefly a. possible the
errors in that article and the consequences 70 De
drawn from it. regards the French, errors arising
from the confusion made between marriage contracts
and Marriage properly speaking. The marriage cOatrae
in France, and according 10 tue terms OF the FRENCH
law If civil act, arranged between the parties con-
tempatng matrmony, and before marriage TO state the
postion Of the parties and value Of tue property OF
each IN order protect the wfes portion, aud 70 pre-
vent il being absorbed by the unueky specusJons or
designations OF the husband; also IN order to prevent
the fragrant abuses by of which, in some coun-
tines the wife is made an instrument OF spohauon
against the creditors of her husband
The clauses stipulated IN the marriage contract are
irrevOcabe, and are not subject to any modification
whatever after the marriage celebration which ways
takes place aerward only except perhaps by lndg-
ment Of the tribunal which dissolve the community
of property when there is proof that the portion OF the
wife is In danger For this reason the marriage con-
tract cannot be made privately the parties, but
only by nOares by notary alO IN pre- sence
Of witnesses This is the on rule Of nOt2ries regard
ing marriages and only in connection with parties who
have an interest in making marriage contract. How
many people make contract before marriage, and
cOnseq ueutJy have nothing 10 do with the notary
IL also happens sometimes that marriage does not
take place ah Jugh contract may have been made By
notary, and consequently sdtd contract as null ana
g0td.
Marriage properly speaking entirely civil act in
Ersuoe and OILY be performed by the residing
Mayor Of the other party; in his absence by his
substitute. The document stating II, Is recorded IN
of and
the municipal officer. This Done, the parties If such Is
their inclination appear before clergy man. according
e. their religion, 10 receive the uupa Dened ton when
they Cbtn ouly upon presenting the marriage GER
thcste delivered by the municipal officer tn later
ceremony, however If DO more than religious formal
ity IN the eyes OF the law. entirely beyond Oh slGe
OF civil marriage ano LETT entirely the par5s con-
sciences with which the Law III France very wisely
never interteres. IL is then an egregOus error, 70
let people believe that Ia France the Doary has power
10 marry, as well as the priest. The Code Napoleon,
I'D nse since loO2 has happily short the scandals
and INDUSTRIOUS abuses which must inevitably result
from the multiplicity Of functionares having gower 20
JOIN people IN wedlOek, is the Case ia Newton
State. Here freedman NAV, through error, or III
consequence Of the elasticity Of local law get married
by nO.ary, but assuredy this would not De by assi-
imitation 10 what takes place in his own country; for
there 10 not single person in France Ignorant Of the
fact, that marriages well births aud deaths all
recorded by the municipal officer only.
IL II not time that measures Of repression were taken
terms Of the law, soemnized marriages which they
knew full well 10 be Illegal and void They cannot
plead ignorance.
Would it not be desirable in country where reli-
gOn il said 10 have nothing do with the Government,
and Government nothing win religion that the lnstitu-
ton Of Marriage should at last be regulated aud that
the conscience Of the clergy should longer be tor
tured by eXactng Of the priests revelations which are
contrary 70 their conscienoes. 1t must be remem oered
tnat the clergy at least the Catholic clergy, con-
sloer marrlaPe rs sacrament, aud If II be true
thai The Chure has nothing to do with the Gov
ernmeDt If marriage is civil contract, as il is
stated by lawyer in your paper OF the 18th
instant, What right the Government have % force
priest 70 report religious aud sacred acts This de
maDd OF the American law Us anti religious and anti
constitutional az that deeison Of an English Court
which would IAN have exacsd Of Catholic priest the
revelation OF TACT disclosed 10 him under the seal of
confession.
Let them do IN this country as it is now generally on
the continent Of Europe lei them eonfae tne right 70
marry TO the municipal officers only sad many ABUSE
will Be avoided and a great reform accomplished
Yours very truly, PROF l. pUsOs
.,o,.kU sfoaElat.s, July u, 1850.