Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-02-25

vision rendering o betrothment legally
binding Is disapproYed by the most I'M
pOrtant moral doubts As 3 strictly
moral Anlon OF two persons for an
undivided communion through life,
marriage must be based upon the free
will OF both parties. Every marriage
not voluntarily contracted In
consequence OF the free will OF
both parties, Is devoid Of moral basis;
10 lacks the quality which from the
point OF view OF the State and OF So
ciety is considered by far the most
important Because freedom Of the
will forms the basis OF marriage, the
State is not entitled, directly or indi-
rectly, % enforce the performance Of
the latter Also the intrOd uction OF an
indirect measure OF compulsiOn en-
croaches upon freedom; it too
IS Incompatible with the nature
Of a matrimonial communion. The
betrothed must not be prevented from
dissolving the Alliance by the fear
that, under circumstances, they will be
sentenced 20 pay heavy damages. A be-
trothed person must be entitled 20 dis
solve the betrOthment with being by
law compelled 20 pay the other party
large indemnity for the "breach or
promise" An alliance is not a common
contract and a marriage Is this still less.
A direct compulsion for the performance
OF marriage has been unknown for
long time In Germany, where neither oy
dne nor by imprisonment a marriage
can be enforced.
II now her future civil code denies
the obligation Of two bethrOthed per-
sons, 70 be Joined Ia Wediock, II II
further ordaips, that the parting dis
solving a betrOthment shall refund only
the expenses, caused by the latter, 10
the other party, but that no claim for
damages or indemnity shall exist or
arise FOR this reason, 10 sOnly cOnsls-
tently continues the course taken 0y
the development Of German law Tor
some time. IL is impracticaole TO COM
pei the party dissOlving a betrothment
70 pay damages or an indemnity. Such
a regulation would necessarily lead 10
&c, that many a marriage would be per-
formed for avoiding such a pay
ment, although the reluctant party
might entertain an inward aver
sion or even an open detestation against
the other party; and then II would
serve as o source for financial advan-
tages. Yet, the State has neither an
interest 90 increase the number Of un-
happy marriages, nor can it wish the
treatment OF marriage just stated TO
become domestic or general within its
boundaries. " one points to England,
where 10 occurs nearly daily, that the
party, without a just cause, withdraw
ing from an alliance, is sentenced TO
pay damages, which, according TO Ger
man views and customs must be
considered as plainly exorbitant,
the answer Is simply to be given him,
that the German people entertain other
views on this subject than the English
people, and that according TO the ODin-
ion of men who well know the English
people and their family life, the effects
OF that popularity Of English law are
by no means of such character as TO
render los imitation desirable. The ex-
periance derived in the middle ages,
from the canon law, which, In cOntradic-
ton 10 the also, in this matter, very
ingenious Roman civil law, recognized q
direct or indirect force for the perform
ance OF q promise Of marriage, must pre-
vent every modern legislation TO take
the same course. How could husband
and wife live together tremendously, ii
one OF them would have constantly to
say Go himself that ne aid not withdraw
from the Alliance for the sole reason
that be was afraid Of paying the dam
ages; how could, under this assumption,
a union for life, based upon mutual az
lection, be spoken Of? Love would
have been supplantsd by force, an ex-
preston OF affection would be mere
formaIity, devoid OF truth, and intellect
", not happiness, would be the lot Of
the married couple. No legislator,
however, will cOnjure up such a state
OF affairs, that would exercise poison
Gus influence upon the whole life OF
society and Of the state, and derange
the family, the moral basis Of human
society.
Morality requires that the state ab-
stains from every influence upon the
performance OF a promise Of marriage
aud, correctly recognizing this fact, the
commission preparing civil code for
Germany has passed the resolution
stated. If matrimony shall remain, for
the future, among the German people,
what 10 has been among them from an
cient times, their future civil code, that
doubtless, for long time, will regulate
the most different relations OF life aud
law in Germany, must contain the reso-
luton referred TO In the form Of legal
provisions"
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