The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-09
The Marriage Law. of New York.

| state of our laws on suDJect Oh Iho u'mos'
| Importance. Although it has always been
thought ridiculous for very old man to be
| in love there is no statute against 1t, and
the only penalty to which he exposes him
self is the playful comments Of people who
know him. If he declares his love and be-
comes the happy husband OF young wife
he is still in the exercise of his legal rights,
for although the law prohibits the marriage
of persons who are too young there is no
limitation at the other extreme OF human
life AS in ancient Rome, so in modern
England and the State of New York, the mar
riaeeable age is fourteen years for males
and twelve years for females, and man
must have gone very far in the clean and
slippered pantaloon" if he has not as much
wisdom in selecting wife as boy fourteen
years of age. Idiocy or lunacy, or physical
incapacity is legal disqualification for
marriage in all periods OF life, but there is
none on account of age after the years of pu-
berty AS an old man who wants wife
is not deferred by law he need not be de-
tered by the light mockery of society. Such
ridicule soon expends itself, especially if
instead of taking a young girl in her teens
he wisely selects woman who is herself
past middle age. January and October are
not so unsuitable a match rs January
and May disparity Of thirty years
might seem considerable if the bride were
fifteen and the groom forty-fve; but when
the bride is fifty and the groom eighty
thirty years do not seem so much, and If
Mrs. Methusaleh was seven hundred when
her husband was seven hundred and thirty
that venerable couple were very well
paired in point of age. The law permits
people to marry altogether too young; but
it is quite right in leaving the aged free SO
long as they have not passed into second
childishness and mere oblivion, ''sans
teeth sans eyes, sans taste, sans every
thing"
But our New York laws are extremely
loose and faulty as to the legal formalities
attending marriage. The publication of
banns, which is required in most Chris
tian countries and in some Of our
States, is wise and salutary regula-
ton. Clandestine marriages are contrary
to sound policy, and, in many cases,
against good morals. Our New York mar
riage laws seem to have been framed with
sole reference to persons of mature age, ripe
understanding and Independent position.
If marriage never took place but between
such persons there would be no great OBJ
lection to permitting this interesting con-
tract to be made with as little notice or re-
straint as q contract for the delivery of
hundred bushels of wheat. But, in truth
the passionate and romantic attachment
which leads to marriage is even more likely
to spring up between susceptible and incon-
siderate youths who are still under parental
tutelage than between persons whose age
and circumstances render marriage suit
able. There are obvious reasons why
marriages should not be permitted
between very young people without
the knowledge of their parents or other
relatives. Their impulsiveness, inexperi-
ence and romantic blindness to conse-
quences may hurry them into an act of
which they would have reason to repent
when repentance could bring no relief
Besides, questions relating to property and
the means Of subsistence cannot safely be
disregarded in forming such connections.
When minors marry without means Of sup
porting family or even themselves they
bring burden upon relatives if the pride,
affection and ability of relatives impel them
to save the new family from want, or bur-
den upon the public if the new family is
10 oh Pol HOY
right to know when a marriage is contem-
plated in order that they may interpose
by advice, persuasion and remonstrance,
if not by stronger methods. The law
should require either the publication of
banns or license by some officer or magis-
trate to be granted only after a notice had
been served on those having q close interest
in the parties.
But it is not merely the marriageability
of very young persons that renders such
requirement necessary. Age sometimes
needs the protection of friends not less than.
youth, although cases of that kind are more
intrequent. Many persons do fall into
do:age and imbecility in advanced years,
and the publication OF banns would enable
those interested in their welfare to test
their mental competency to make a mar
riage contract before any irretriev-
able steps were taken. If banns
or license were required in all
cases they would be no reflection on
particular individuals. There would be no
discrimination on account of age, no inn
pairment of the legal right to contract
marriage, but only an opportunity afforded
to friends or heirs to bring proof of mental
unsoundness or other incompetency in cases
where it might happen to exist. We have
not seen particle of proof that any i'm
proper arts have been practised in the re-
cent case which excites so much attention
in this city. These hasty and unsustained
LIZ hoo L.