The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-09-18
MARRIAGE LAWS.
Strange Incongruities and Absurdities

Just before the adjournment of the recent ses-
was a very much overworked body, according
to all accounts number Of important sub
jects were postponed; among them that Of the
marriage laws introduced by Sir Rounded Pal
me-. An intelligent writer to the New York
Times makes the following notice OF this
matter
The principle of religious equality, now prac-
tically recognized for the first time three cen
turies after the Reformation, seems to require
some sort Of equality, and, if possible, unlfOr
nifty, in the laws relating to marriage. The
laws, as they now exist, Sir Roundell may well
call extraordinary. In England people are mar
ried by bans, or dispensed from them by
license. In church marriages no registrar is
required to be present: among non-conformists
his attendance is requisite. The Quakers have
a separate law all to themselves. IL the place
where the marriage is celebrated has not been
properly cousecrated, the marriage is invalid.
1t can only be performed within certain hours
-pever later than II A. NJ. In Scotland there
is marriage by simple consent OF the parties;
marriages according 20 three or four different
laws, ard irregular marriages, which make
people liable to fine; but the payment OF the
fine legalizos the marriage, and this is COM
one law for Protestant eburchmen, another for
Presbyterians, and no law at all for Catholics,
except q law Of pains and penalties in certain
cases. II Roman Catholic priest should pre-
sumo to celebrate marriage between Roman
Catholic and Protestant, or even between Ro-
man Catholic and a person who had been
Protestant within year Of the marriage, till
comparatively recent tm,, that was capital
offence, and even now it is criminal offence OF
q very nigh order, aud the marriage IS abso-
lutely void. OF the irregular Scottish mar.
riages, Sir Rouudsll has the horror that might
be expected in an English lawyer and church
man, and his description of them is technical
and droll. he says:
The system OF irregular marriages in Scot
land is very startling thing to those whose
minds are not thoroughly accustomed to it.
II is contracted in two different ways. Sup
pose any gentleman in this house visited o
house in Scotland where young lady happens
to be staying, and that he and the young lady
took walk together, and in the course Of the
walk he took piece OF paper out OF his pocket,
on which they wrote down O mutual promise 10
marry; though the piece Of paper might be
simply put back again into his pocket; though
nothing might be said to anybody about the
writing; and though nobody else might be
there at the time, II the persons afterwards
lived in q certain way together, that would be
q valid marriage, although nobody might
know OF the fact OF the marriage for years
afterwards. No mere promise will constitute a
marriage unless it be in writing. and unless
sIbsequente copula. A promise 30 given and
80 followed constitutes good marriage. how
ever long it may be kept secret. There is
another even moro extraordinary mode, in
which no writing at all is necessary; and that
is where the promise is made not de Jftlt,wo,
but de presentt-where the woman say5'I take
You, john for my husband and whtre the
man says I take you, Mary, for my wife, be-
fore witnesses. A promise OF that kind being
the people have never lived together, will hold
good, and will be sufficient to overturn any
perfectly honorable and reputable marriage
that either of the parties may have subsequent.
IL entered into; and this actually occurred in
the celebrated Dllrymple case.