the ceremony of marriage is performed. There were two witnesses, a hired man of the minister, called in for the purpose, and a lady friend who came with the bride; but there was no license, and the bride had not completed her twenty-first year. Now, was that marriage legal? If the lady, wedded in good faith upon that day by my friend, chooses to deny that she is his lawful wife, can he hold her to a compact entered into in so informal a manner? In short, Mr. Raymond, is my friend the lawful husband of that girl or not?"
While listening to this story, I found myself yielding to feelings greatly in contrast to those with which I greeted the relator but a moment before. I became so interested in his "friend’s" case as to quite forget, for the time being, that I had ever seen or heard of Henry Clavering; and after learning that the marriage ceremony took place in the State of New York, I replied to him, as near as I can remember, in the following words:
"In this State, and I believe it to be American law, marriage is a civil contract, requiring neither license, priest, ceremony, nor certificate—and in some cases witnesses are not even necessary to give it validity. Of old, the modes of getting a wife were the same as those of acquiring any other species of property, and they are not materially changed at the present time. It is enough that the man and woman say to each other, ‘From this time we are married,’ or, ‘You are now my wife,’ or, ‘my husband,’ as the case may be. The mutual consent is all that is necessary. In fact, you may contract marriage as you contract to lend a sum of money, or to buy the merest trifle."
"Then your opinion is"
"That upon your statement, your friend is the lawful husband of the lady in question; presuming, of
