The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-03-26

sites the stalEtoEy tokHs uoR pc1S'o
deemed imperative.
Although this may be the case. the
ceremony Of marriage. whatever It may
be. Is regarded with fully az much rev.
erence in the United States as IN coan-
tries where 1t has been endowed with
some Of the attributes OF sacrament.
In It's religious character 1t Is supposed
to typify the union OF Christ and the
Church. But in nearly all countries
where the laws are codified IL Is re-
garded as an act Of public policy. II Is
contract only so long as It remains
mere agreement to marry. but when 1t
in executed in what the law accepts az
a valid marriage Its nature as a con-
tract is merged in the higher nature OF
the status. In other words. IL IL as
sumed that when two persons enter into
tered relation to society. and assume
responsibilities beyond those to each
other. The fear Of the European writer
that there would be any doubt az to
whether people were married arising
from q diversity in the statutes has.
therefore. no substantial basis. One
very important distinction from or
binary contracts Is that they cannot be
dissolved merely by mutual consent.
he nfo 81
children born In wediock, with all the
consequential rights. duties and privi-
ieges thence arising; gives rise to the re-
iAtions Of consequently and affinity;
and. in short. as Judge Story puts it,
pervades the whole system of civil So
ciety.
Chief Justice Ames. of Rhode Island,
says that when formed. this relation is
no more q contract than fatherhood or
sonship IL q contract.
There II Z wide diversity in laws OF
different countries as to the rights OF
property attending the relation. In
England all property is vested in the
husband; in some countries each party
retains Its separate property; and in
some there IL what IL called q COM
munio bonorum."
II IL rather a singular comment upon
civilization that In most countries
where society has been under what is
called refining influences. the strictest
formalities have been required. SO far
from the United States laws being lax
the actual cohabitation may be traced
back to the earliest period of the Anglo
Saxon race. The Scottish people were,
until very recently. regarded as bar
barians by the English, who considered
themselves more refined. yet almost to
the present day. forms are disregarded
In that country. and although Scotch
marriages have been regarded as shady
transactions. they have been regarded
In Scottish courts as absolutely binding.
when made and kept In good faith. as
those under the most formal ceremonial
OF England.
Until the time OF the reformation the
law with regard to marriage cere-
monies was very strict. but Henry
VIII. not only sought TO modify the Law
as 10 divorce, but set the example Of
no, being very strict as to the form the
ceremony took. The ancient common
law made the marriage invalid unless
celebrated by the church. but Chancel-
lor waiworth says that 1t had become a
settled rule Of the common law, which
was brought into the original states by
their first English settlers, that any
mutual agreement between the parties.
10 be husband and wife. especially
where IT was followed by cohabltation.
constituted a valid and binding mar
riage. This seems also To have been
the notion among the ancient Protestant
Dutch inhabitants.
The flrst revolt agalns; the ecclesias-
teal ceremony WAS made BY those who
ware opposed 10 what they regarded as
ihe oppression of the gomish and En-
gltsh churches. only one in holy or
ders' coald perform the ceremony.
With ;he increase IN influence u the
nen-eonforuaist churches. the law ex-
tended the right Of performing the mar
| rage ceremony - their m1aJsgegs ThsaS.
| Without any intention az abolish eera.
| usenial they laid the foundation fer that
| mare modern fornl which generally pre-
| walls throughout the United States
Notwithstanding the apparent IRxlty os
| our early marriages Il MAS held in Mas
| saehusetts and ia Maryland that the
unwrItten law n the states required
| some Official OF religious ceremony 20
| make the marriage valid Judge Alvey
1 ehAf =. sfFs@a grs q