The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1876-03-17
Parton's Marriage.

Mr. James Parton has filled the following
petition for a special act legalizing his mar
rage with his step-daughter, Ellen Willis
Eldridge, which certainly goes to show
that his new relation was taken not only
with the warm approval of friends, but
| in the confidence that it was strictly legal.
And with it is filed q " supplementary petit
ticn" by Newburyport citizens
The petition of James Parton and Ellen
Eldredge Parton to the honorable senate
and house of representatives of the COM
monwealth of Massachusetts -
The attention of your honorable bodies
is most respectfully solicited to the follow
ing statement of facts On the Sd of Feb
ruary, 1876, at Newburyport, in Massachu-
sets, a marriage was celebrated between
James Parton and Ellen Willis Eldridge,
both residents of Newburyport. All the re-
quirements of law, so far as known to either
ofthem, or to the::witnesses of the ceremony,
/ were complied with. That is to say, a
license was procured the ceremony was
performed by clergyman resident in the
! tewWr, several witnesses we're present, and
the usual notice was inserted in the New
buryport Herald of the next morning. All
was done openly, and, SO far as we then
knew or have since ascertained, with the
warm approval of all who are acquainted
with our case. We lived together in our
new relation for two days. Towards the
close Of the second day our attention was
called to an ancient statute of the State of
Massachusetts prohibiting marriages be-
tween q man and his wife's daughter, which
was the relation subsisting between US.
Neither Of us had the least knowledge or
suspicion of the existence of such bar to
our union. Such marriages, we now learn,
are lawful in eighteen States of the Union,
one of which is New York. where both of
us, until recently, have lived from chile
hood. If any one, not lawyer, had sug-
gested to us the possibility of the marriage
being unlawful, we should have scarcely
deemed the matter worthy of investigation,
so completely were we possessed of the idea
that all prohibitions of that nature were
unknown to the laws of the United States.
1t appears to be the essential principle of
American institutions that where there is no
natural right there shall be no legal right,
and where there is no natural wrong there
shall be no legal wrong, and where there is
no natural impediment there shall be no
1ono1 ro1,oIironn& Tn,
there had been no SAVIOR of parental or filial
feeling. United for some years past in an
interesting and sacred charge, cur fortunes
not unequal, the disparity in our ages
neither extreme nor unusual, members of
the same household, our marriage did put
complete and sanctify tie which was al
ready strong and confidential in an unusual
degree.
Stunned by the discovery of the illega-
lity Of our marriage, we Immediately re-
sumed our former relation, and no longer
lived under the same roof After due in
quiry and deliheration, reviewing all acces-
sible decisions and legislation bearing upon
the subject, acting upon the advice of emf
nent nnunsnl- hnfh of Massachusetts ana
New York, and being exceedingly desirous
of obtaining a sanction of law for a mar
riage which could not be annulled, we re-
paired to the State of New York, where we
were married second time, on the 10th of
February, with all the forms required by
the laws of that State. We did not leave
the State of Massachusetts for the purpose
of evading any law of Massachusetts, but
to comply with the most necessary and
fundamental of all laws, which is that mar
riage shall have legal action. We are as
sured by learned counsel that we are now
lawfully married everywhere in the world
except perhaps in the State of Massachu-
setts The doubt is concerning our legal
condition here, where it is of vital impor-
tance to us, where we live, and esteem it a
privilege to live. The weight of opinion,
as we are advised, is that our marriage is
valid in this State also and that we may
live here in peace and honor. But, if it
please your honorable bodies, it is necessary
for the dignity and comfort of our lives, as
we'll as for the interest of virtue and good
order, that this doubt should be removed.
We therefore must respectfully ask the pas
sage of special act legalizing the marriage
contract in Newburyport as above men,
toned, on the Sd day of Feb, 1876.
"We are aware of the manifold evils and
inconvenience resulting from special legis-
lation, and one of us has inveighed against
it, both public and privately, with all the
force of which he is capable. And if we
were asking the legislation of Massachusetts
to pass an act enabling us to marry, We
should stand condemned by the utterances
here referred to, and still more by public
opinion, which is justly adverse to legisla,
ton designed for the exclusive benefit o.
| individuals. But here is a marriage mos
innocently contracted in violation of an un
known law, which marriage is SO complete
that nothing can now undo it. We feel
and are advised, that only a special act O.
the general court can completely set rs righ1
with commonwealth held by us both il
| love and veneration.
"All of which is most respectfully sub
mitted,
"JAMEs PARTON.
ssELLEN ELDREDGE PARTON.
"NEwBURYPoRT, February IA, 1876"
|
MIR. BooTH's SOUTHERN ENGAGEMENT
| E5,r;,, poo@l, 10 mold SR00 nor nioht HI