The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-25
THURSDAY, FEBRUARY Is, 1869.


what Constitutes Legal Marriage?
THR question as to what constitutes legal
marriage in any State must be one OF the
deepest interest, for it is well observed that it
liss at the very foundation of both the politi-
cal superstructure and the sound morality of
the community. The passage OF any law
which vitistes It is one Of the greatest out
RACES which can be attempted, and the expo
sitioa of a law which is so strict as to lean
against the validity of a marriage is calculated
10 do enduring harm. We cannot but esteem
il as 8 mark OF the greater wisdom Of the present
day that the barriers which were thrown
around the ceremony have been gradually
dispensed with, and the form given place to
the intention OF the parties. The wide differ
enoe created by the existing laws from those
which were in force in Great Britain, for ex-
ample, is strikingly shown in the decision of
the Supreme Court of Pennsylvania, in the
case of the estate of Vincent DAmarelli, pub
lished yesterday. The facts of that case are
noticeable, though not peculiar. DANA
relli was married secretly to an Irish servant
girl, Lived with her for some six years, and
from all his friends, and the belief was enter
tanned that he was a bachelor. By his will he
left his reputed wife $4,000. While he was
living with Catharine Evans he acknowledged
her as his wife In the presence of a number Of
persons, and endorsed on the back of false
marriage certificate, in his own handwriting,
that 1t was a certificate of his marriage. The
faot that he had concealed it, that the wife
was so much his inferior in rank, and that he
frequently lived away from her for days at
time, induced the Auditor before whom the
case was heard to hold that the union was
lneretrioious, and that the son was not legiti-
mate. The Orphans Court held likewise.
Bat the Supreme Court in Banc, on an appeal,
reversed all the previous proceedings, and held
that the evidence was sufficient to make the
marriage legal. The estate, therefore, goes to
Mrs. D'Amarelli and her son.
In this decision there is much to be noted,
as being clearly indicative of the law in Penn
sylvania. The learned Judge, in delivering
the opinion, stated that the law should lean
towards the legality of a marriage contract,
and If there was doubt, the fact of cohabits-
ion and the statements of the husband
should bind his estate. Justly, it should
be that the injured party should have the full
benefit of any mystery which was caused by
the other party. 1t follows, from the nature
Of the marital relation, that great deal OF
the decision of the mode of life rests with the
husband. 1t is for him to determine how they
shall live, whether they board, and all the other
minutis. Now, If by simply denying mar
riage, or even by not mentioning it aRd keep
ing his wife in an out-of-the-way boarding
house, can vitiste a contract, such as a
marriage, then blow is struck at all good
morals, and the wrong-doer can profit by his
own misdeeds,
It has long been known TO all the bar, and
to all our readers, that in Pennsylvania
there need be ne marriage ceremony OF any
kind to constitute man and wife. 1t is the
intention of the parties that is looked to in
this, as in every other case Of contract. This
intention must Of course be shown by some
omen and notorious declarations. If the parties
merely live together, it does not follow that
there is any intention OF marriage. But if the
man introduces the woman as his wife, and
does 80 to his friends, without any denial, ther
they can be considered as much married a;
though they had been married by any bishop
after the publication of banns. This innoVa
tion on the old law is made, without doubt, il
promotion of the cause OF sound morals, aud i
tbelaw of Pennsylvania. The case of D. Amarell
shows that it is not mere fiction of the law, bu
a living truth, and strikes blow at that per
fidy which would lead rOuf to deceive an,
injure an innocent person. 1t is but anothe
instance Of the cases which are on record O
gentlemen fattering themselves that they ar
possessed of shrewdness superior to the Ordi
nary race of men, when in reality they ar
being caught in their own trap. The decision
of the case made by the Supreme Court wi
do much towards securing justice in futur
cases.