Omaha daily bee., 1888-04-08
Marriages in the United States.

A tlantlC Monthly: In the earliest
period, when population was small,
scattered and agricultural, when So
Ciety was simple, frugal and conserva-
tive, respect for law and conformity TO
civil regulations were almost universal.
Moreover, as settlers of the same race
and faith usually dwelt together, there
was unanimity OF sentiment in the pro-
lection of the common interest and the
maintenance of social order. Hence
the statutory forms for the celebration
of marriage were generrlly observed.
Though not all essential, the impartial
ity with which they were enforced
spread abroad the salutary impression
that they were equally Indispensable to
constitute matrimony.
Now, this is a great, a rapidly grow
ing nation. There exists the widest
diversity of race, religion and senti-
ments. Population is congregating in
cities. Labor, forsalling the fields, is
crowding into factories and tenements.
In the shops, in the factories. in nearly
every occupation. at great odds and
under peculiar temptations, women
compete with men in the selfish, exact
ing struggle for prefermentt, for daily
bread. Industrial struggle and
discomfort and social evils are rife
in the community. In view of
these facts, are we fortifying our social
institutions, and strengthening the
foundations Of social order? And the
family--the unit and tho source of So
ciety--are we guarding its dignity and
confirming its approaches by the sancti-
ties OF religion and the safeguards of
law? Nay, our courts are forsaking not
protecting, are tearing down, not build
ing up, 1.-THE very basis of the whole
fabric of civilized society" For the
knowledge is rapidly spreading from
the highest courts in this country that
in forming the marriage relation there
is no need of magistrate or minister, or
Of any formality whatever. ''It is sin
gular," said Chief Justice Gilchrist, of
New Hampshire, that the most impor-
tant of all human contracts. on which
the rights and duties of the whole COM
munity depends, requires less formality
for its validity than a conveyance Of an
acre Of land, policy of insurance, or
the agreements which the statute OF
frauds requires should be in writing" "
What wonder, then, that the disregard
OF the 'fegislative recommendation
and advice" is constantly increasing,
and the evils of clandestine marriages
and secret unions, by destroying the IN
tegrity OF the family, is sapping the
foundations OF society! Can the courts
deny an easy termination TO the rela-
tion to which they permit so easy an
entrance.
'"Ihe contract of marriage is the emost
important OF all human transactions,
yet, the form and circumstances of its
execution being left to the will and ca
| price of the parties, its exister@e @e may
be involved in the utmost uncertainty
and obscurity."
whether the relation of husband
| and wife lawfully exist never
should be left uncertain" These are
the words of Chancellor Kent; and ye
it is L corrollary of the doctrine which
he introduced that the existence of this
contract, when iudicially called in ques
| tion, may be established merely by evi
dence Of the subsequent conduct of the
| parties and OF their reputation in The
community.
But il may be said that in fact ,secrec!
| and uncertainty are rare in forming th'
marriage relation, because custom ant
| public sentiment are, as a general rule
able to secure the observance of civil o
| religious forms,