Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-10-19

AME LAW OF CWJ ksABA Hk<s
A Dsnisi has come to judgement In
Broc klyn, New York. The law of court
ship Is an unwritten law, bat Judge Neil
SOD, Of Brooklyn, has rendered decision
which establishes precedent that threatens
TO ;opple the present harmonious relations
Of tl,s two sexes into chaotic ruin. II ap--
pears that Miss Roxalsna Homan brought
suit 10 Judge Nelson's court against Alex
ander T. Earle for breach Of promise, the
said Earle having failed to marry her as she
at least desired. Alexander, signing for
more hearts to conquer, lnade answer that
he bad never 'popped the question" to the
fair and blushing Roxalana, and that, there.
fore, shs had no grounds for action. To
this answer the fair plaintiff, whose heart
had been SO terribly lacersted by the
naughty conduct of the contumscious
Earle, demured, maintaining that there
was love language more potent than
words, and though she had loDgingly list
ened for proposals that never. came,
yet The Earle had spoken to her
| In actions that could not be
mistaken by lovers, and which she main
tanned were fully sufficient to constitute
marriage CONTRACTS. And SO this reckless
Judge, this second Daniel, decided, pointing
out to the jury that In the pressing Of her
hand, the kissing OF her lips, the affection
ate CLEAN of lovers eye, there was pre-
possl to many :. damsel as binding as that
ofwords. TIE jury thought 50 too, and
thereupon returned verdict for the plain
| tiff assessing the damage done to her
little heart at Sic, 700, and the Court of APP
peaIs has since sustained the ruling of
Judge Nelson. The language used BY Neil
son, which proved SO disastrous to the "gsy
and festive" Earle, and win doubtless carry
CONSERVATION into the ranks Of bachelors
everywhere, was as follows:
ain an engagement to marry, the contract
can be entered into between lovers without
his asking in words the question whether
she viii marry him, and without her an
swering in words that she will do 50.
This contract or engagement can be
made without such words. If the facts and
circumstances are sufficiently full and sig
niic2nt to amount to the engagement, were
they or could they be artic1late, the spirit
of the Law supplies the lacking speech"
Ifthis be law, and the court of last resort
in New York says it is, the Philsnderer
may as well take leave of bis trade. Fare
well filtration. Lothsrio's occupations
gone. A bachelor contemporary cries out
in the anguish of despair: "Such parver-
sion of the laws of courtshio cannot fail to
strike terror to the heart Of the male per-
suasion. Has the Judge forgotten his salad
days, when he made big eyes at Amaryllis,
while the moon was on the surf, when his
arm chung tribe tighter than usual in the
whirl of the waltz; when his hand fingered
moment longer than mere formality re-
quired at the parting? What, then, is to
protect US in this game of life If a lambs
glance or shand-squeeze authorizes q Big
brother to demand our ''intentions;" and
jury to assess the maiden's wrongs?
What reciprocity is there in
the tournament if Arabella may
drive Augustus frantic with her count
less lures, while the unfortunate swain can
not even look his honest admiration
without serious peril to his pocket? Ifsueh
ruling is to stand upon our books, it is the
immediate duty Of legislatures to draw up
6 plan of tactics, declaring Just how far, and
no farther, we may 60 in our attentions
without passing the Rubicon of courtship.
Some little latitude is necessary in der to
discover the deposition of ths object of our
search. There are some msidens, for in
stance, that pan out braVely at first break,
but prove entirely unremunerative as the
shaft deepens. If we are to go it blind in
the future, and gauge the capacity Of their
affections with telescope vision, it behooves
the court to provide Us an easy retreat after
the marriage, since they will not present
suy before"