, 1879-06-26

to us our first parents endowed with
marriage before they have acquaint.
ance enough with the things around
them to make hardly any other con.
tract lntcIligsntly. So, all times and
all races, marriage has been permit.
ted to those who are, for most pur.
poses of social life, below the legal
age. by general consent of the
most enlightened nations, the man
born in wedlock is q favored man
aud the man who does not come into
the world through that channel is an
ilIegltimate man among men, and al
most everywhere is, to some extent
socially and politically DISTINGUISHED.
The contract being such, the spirit
and drift of our law concerning it
has always ben in its favor. And
in adjudication of controversies Of all
sorts, where the relationship of par
ties apparently living together as
husband and wife, is in question, the
presumptions Of law are always that
they are married. To dethrone mar
riage from its position, as the
crowned and crowning civil contract
deserving of supreme favor, aud
therefore the most freely to be en-
tered into and the most indissoluble
Of all, has been regarded by the wise
OF all timo as destructive Of the
maintenance, the culture and the
chastity of society-and even Of So
ciety itself. To make marriage both
free aud firm is doubly promotive OF
virtue, constituted and ordinated
authority, and social welfare tran
guilty and happiness. To make
marriage either difficult to form or
easy to break is to avoid the founda-
ton Of society, and let all things go
to wreck, unfastened disorder, un.
governed, dissipated, prostituted.
The great weight of legislative,
judicial and speculative authority is
that marriage, among English speak
ing peoples, and particularly through
the United States, is civil contract
and needs for its validity nothing
more than the mutual assent Of two
persons legally capable Of making
and fulfilling such contract. Such
is our English common law. And
statute, therefore, providing for
license, publication, witnesses, an
officiating civil or religious officer, or
ceremonies Of any kinds not held to
make these formalities necessary to
constitute marriage, unless it ex-
pressly so declares. For 1T is not the
act OF the State, but the act of the
couple, that makes the wedding
Still, for the ascertainment of the
fact of marriage, forms are useful
and necessary. Most States, accord
ingly, by express legislation, pro-
vide forms for its solemnization.
These prescribed forms have many
uses, and among others these: To
furnish useful information to tho
state to distinguish this species of
contract as the one supremely chor-
ishsd by the state; To protect Chas-
tity against dishonorable conspiracies
and from falling victim to pretend.
rites; and to give any virtuous party
desirin G it, the benefit and security
of easily produCibls evidence Of
his or her marriage. Of this ma
turO aud utility are the forms pre-.
scribed by tho Legislature in its
marriage acts Of 1854 claws Of "a,
p. 40D and 1866, Qaws of 'GG, p. sD
These two acts are the only gene
raj acts that have ever been in force
in this Territory. They neither Of
them abridgs the common law and
natural right Of mGtrimony nor
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