The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-10-20
The Marriage Law.

Tn considering the question OF marriage
4 and divorce, which has SO engaged 'l'e
attention Of religious bodies recently, II
;s 10 be kept we'll In mind that marriage
L In law is a civil contract. In some couil-
tries If is regarded as a sacrament. but
/, is. NOT SO In the United States. There
is no objection to the use OF a rellglol's
service In performing the ceremony, but
marriage itself in all States IS treated
as a. civil contract and in some OF the
states no ceremony whatever is required.
The question was raised ages ago III
England Milton argued that ministers
should not NEEDLE with marriages and
in 1868 he great civil marriage ordinance
Of Cromwell was passed. ISy this act OBJ
4ligatory celebration before justice OF
the peace was Instituted and careful
system Of Jay notice. certificate and re-
cord was established. The foundation of the
marriage laws Of the United States was
laid ,ong before the Revolution, and al
most from the beginning civil marriage
was either practiced or authorized by
law. The matrimonial laws Of the South
we're enacted iinainly under the influence
Of the Established Church. In Virginia
the religious ceremony, according 10 the
forms Of the English Church. was pre-
scribcd Not until 1850 were disscnters
in this state allowed 10 celebrate wcdlock
according 10 their own rights. But three
wears later was taken the first step To-
ward civil marriage. In Virginia as we'll
rs in The Carollnas the dissentcrs often
took the law into their own hands. mar
ryng In accordance with TIER own re-
ligious customs or rcsortinG to the civil
magistrate. To-day in all the States mar
riage is treated as a civil contract and
even a promise of marriage is n contract
and so recognized by the courts. It IL
not unusual FOR II woman 10 sue man
for breach of such contract, and the
man has the same right in law TO bring
such SHIT against II woman who has
promised To marry him and has broker
her engagement
With few executions the simple license
system now prevails throughout the coun
Try. Only In Delaware, Georgia, OH,
plan of either oral. ecclesiastical bann
or civil license survive Neither bann
Tor license Is required In New York. In
stead. the person conducting the ceebra
ton Is authorized to Identify the part;e
by examining their or any other person
under oath. New Jersey has simila
plan, except that non-residenls are RI
CURED 10 obtain n license from the co,rn
IS clerk five DAYS before tho wedding
All the other States, except Alaska, 40,
Mexico and South Carolina. where ther
Is no statute IN The subject have eac
law for civil license, the same in /,
purpose. but varying widely in the form
and procedure prescribed
With Two exceptions tho optional civ
or religious celebration is now authorize
by all lie States. In West Virginia an
in Maryland only the religious ceremor
Is prov!dsd for. Elsewhere marriage ma
be solemnized before The ministers
s priests OF every Denomination. rslieio
denominations having no priests, or i
fore, tho, civil magistrate. ,-H
No definite formula for the celebrate
Is anywhere prescribed: some times /,
statute contains statement to thai 1
feet Thus IN Tennessee it is express
enacted that no formal ceremony is .
j. e. L Z I. /. Il q i