Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-02-09
PROMISES OF MARRIAGE.
Eccentricities of the English Breach Of
Promise Law.

From the Saturday Review
The other day woman recovered damages
which, in the opinion Of the Judge and mos
other people, were much too heavy for breach
Of promise. There were abundant material fo]
gossiping comment of the scandalous sort Bu
the case was generally treated from an alto
gether different point Of view 1t was not il
Itself specially calculated to throw light on the
wisdom of the law under which it was tried
The real question was whether the promise wa:
unconditional; and the jury found that it was
as another jury might haye found that it wal
not. The ethical point suggested was not SC
much whether woman ought to be compen
| slated for being deceived as whether she i.
bound to disclose all her past history when she
accepts Oh offer OF marriage. eThis might O.
itself afford matter for separate treatise Blu,
IT is not the basis on which this rather vulgar
and repulsve story was discussed Another
case has followed close upon Miller vs. Joy IL
which the parties were even less deserving o.
sympathy. Of Mr.. Cutler and Miss Nellie Jack
son the judge tersely remarked that they were
''bOth as bad as they could be-" Yet Miss Jack
son was gratitied with $50, In her character
of female of this exemplary pair.
Nothing could show more strongly than the
facts which we have indicated the great and
growing Interest felt by the public in the Law
about breach Of promise 1t u.s. Of course, az
obvious faliacy to conclude that the action.
operates. No judicial system that has ever beer
devised would be equal to the task of admins
tering the law If every dispute came into court
1t may not be agreeable to reflect that some
men marry and other men pay In order to escape
the expense and exposure of an action for breach
OF promise. But that it Is 30 there can be nc
doubt whatever. Protection of a very real and
important kind is then undoubtedly given by thu
law. The questions are whether it ought to bs
given at ALL and whether 1t is given to the right
AsHWt A4n snf>
resulted from the present law. Thus it was held
by the majority Of the exchequer chamber that
the continuance Of health Is not an implied con.
ditfon OF the contract, and that even II q man
from bodily disease cannot marry without dan.
ger to his life, he is not to be excused. Thii
remarkable ruling was based on the two grounds
that 1t Is only imprudent, not impossible, to risk
ones life and that q man, though he may be
10 bad state Of health, may, nevertheless, per
form his contract to marry the woman, and 80
his power and it rests with the woman
to say whether she will enforce or renounce the
contract"
A case was tried not long ago In which the
evidence for the plaintiff was Of the slenderest
description At the close Of it the Judge decided.
cause he could not exactly say that there was no
legal confederation OF the ladys testimony. The
jury would In oil probability have found, with
out hesitation, for the defendant. But that ILL.,
ADVISED person insisted on oeing sworn. He
gave his own version Of the story, which was
very likely the true one, In the tone cOngeniai
to his taste. and with such Embellishments a.
his fancy suggested. The jury had. heard
enough, and promptly fined him Qor that was
what 1t came toy f460 for his outrage upon the
feelings Of every gentleman who heard him.
What Jury really does 10 to estimate, not In tho
form Of q compensation Whist Q woman has sui.
fered. but In the form Of Q penalty what man
deserves. This may not be desirable practice
But 1t IL - well ct all events to recognize its az
istence, and not to be deceived by the fiction
that there IL In actions for breach Of promise any
real measure Of damages There seems to us to
be some ground for holding that, II these actions
are to be retained, they should be tried before Q
judge without q jury. A lawyer would see at
once that he Is not sitting to punish . man for
immoral or anti-social conduct. but to afford
some sort Of Observation-Disclosures, 1t may be,
and almost insulting-for grievous wrong.