, 1873-10-05
flonfMON.LAW Mhn12fAGEa.

Mc8grB, Honcnt}lnl IL Ighce3 OI Hlls cityt I
'haye tiled printed briof md argument III tho
Supreme Court iu tho caho Of No}lio Port, takon
on appeal from tho Circuit Court Of Cook Coun-
IT, Tho argument Ia not only interesting 10 for
as It rolatos to this partcu1ur caso, but from Lilo
thorough research IT lnnkoa in d historical way
through tllo legal, boriptural, md ecclea!asttcal
doctrines pertaining to marriage. Nollio Port
claims to 10 tho widow Of slas W. PORT WHO
diod intostato In March, 1879, leaving no chill
dron, but left o mothor, brothors, mid
sistors surviving him. It is admitted that
Nole md Sins lived together for three years
and up to tho tirno Of. bis. doath, and Tint no
ocrornony was ever had as provided by the Htat-
uto Of Illinois. Tho claim Of marriage, rests, I.
That 4 marriage in accordance with tito common
| Inv Ia valid and binding In Illinois. 2. lint
this WAS marriage In accordance with common
| 1aw. Tho testimony In support OF the lattof
| noiut waa, /. Proof Of a promise to marry IN
tho future followed by cohabitation. p Proof Of
reputation and habit as married. persons. 0.
Proofs OF admissions by both parties as to their
being married, and Of their conduct sustaining |
that relation.
| Il Ia claimed that tho statutes Of Illinois, In
prescribing certain formatfea, Huch az procuring
a liconso, &C., and providing pennltioa Tor any
officers uniting persons, without tho statute
reouromonts, doea not invaldate tho Irregular
unrriages.theaselyea Thia leaves comInon-law
marriages. valid in this Stato The argument,
tbon ia addressed to tho question, what la q
valid marriage at common law : Marriage itsolf
Ia doAned to bo "tho civil status Of ono man
aud one woman united in Inv for life, under tho
oblication to discharge to each other aud tho
community those duties which tho community
by its laws holda incumbent on. persons wloso
asaocntion is founded on the distinction Of Sex
Marriage is founded on an agreement or con-
tract: When this contract ia executed In valid
marr;aco. the contract 10 merged In tho higher
naturo Of tho status, and, IN trutll' no, longor
oxista, but tho partioH aro governed By the law
: of husband and wife, When tho status Of
l marriaeo is croatod ncithor of tho parties
hv word OF net can dissolve IT., this Gun
eu1y be dono by docree of divorce onco
married, tho State regulates tho relation. In
stato Of nature, the man takes the womnn to Ills
, house for tho purpoeo Of ,cohabitation, and that
y ia marriage. No ceremonies exist among un-
civilized peoples. Prof. uadlcy In Lis introduo"
ton to Roman .Law,* statos tlat among tho
nomana no special ceremony was required to
: establish tho relation. 1t was enough IT, tho
y man and tho woman. to whoae union thoro "aa
mn loral impedi1aont, lived together us husband
aui wlfo. giving themselves out as SUCH. prio'
Ia tic time of Pope Innocent III. thoro WIS nc
SUCH thing as solemnizatioE OF q marriage
among Christians. "Tho man cano to TIT
10 houao which the 77oman inhabits md, in tht
IL nreaence of hor friends and relations, took the
woman to his own house +; md this was all tht
cotemony," Amid Tho manifold ritual pro
raions Of tie Jowa FOR various oilieos ant
~ trauBactions of life, thore is no ooremon.
w nrcscribcd for tho celebration Of marriage
a. Whenever o marriage has boon shown OF proved
~ bv any circumstances, the law always ralses
L. nrssumpsion in favor of its legality:
I'd Tho ebasis of tho matrimonial law Of Europe
-. the canon law, and to show what TINT canon 4a'
-, WIS, there is an extract from decree OF Pop
arororv TX. which declares: '' Ho who In
III n1edred his faith to Al, q woman, that h
-, would marry her, and copula carnatas bus to
W. lowed it, although ho may marry another IN tn
10y foco of the Church, and have carnal knowledg
his .,,a,, ~ lo,a II rottn-n to the frat. b,
NY ,,,-u. H.. e,., rootrimonv annoa,
sio cause, a'eno"sn w. D'e' ~, ...n... .rn~~
us oniy to DO presu"pt.''' ".At as.1' f.- ~
cat ton OF tue k'na oV'a'','o 10 '' ~ l''.s ~
ith From THIS Il 1ol'"s 'A"' ~ ~, '' ~ =.
,ip- sidorou neither efuo I'VE '''A's 49,. "t41 H.
,ov lowed after Ano oouA'n s,.a, , IT,
m. forts to reform 'n''ifla..o .Aua A's1
llcr -. ~. ao,,o,,t to In avoided.
an .,.,.,., q, ID mt IN be doubted that clandest,
aly muiarcs entered into with the FREQ consent Of
i'm rnntrse,tna na,teg, arc binding and truo marrag
| rn1, 1nar MT Iac1rtu them &nYnu