A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
It is, however, highly probable that the optional system of
celebration is too firmly grounded in popular sentiment to be soon
discarded. The practical reformer must perforce content himself
with striving to make it as effective as possible. At present the
law is very lax in providing proper safeguards for the religious
solemnization. In the first place, the qualified minister should be
authorized to act only within the local district of his permanent
residence, the limits thereof to be defined by statute. By the
early laws of New England, as we have already seen, the clergyman's
functions were carefully confined to his own town, district, or
county; and similar requirements appear elsewhere in some of the
older statutes. This wise policy has been gradually abandoned, so
that now in no instance is there such a restriction. Only in a
very few cases, as in Massachusetts, Rhode Island, and Vermont, is
authority conferred only upon ministers dwelling within the state.
Apparently in the great majority of states and territories, although
the statutes are often far from clear, all qualified ministers,
residing anywhere in the United States, may act. Indeed, Louisiana
is still more generous, granting full privilege to celebrate
wedlock to any clergyman or priest "whether a citizen of the
United States or not." Another useful lesson may be learned from
the early laws. Proofs of ordination by the filing of credentials
were often demanded. Some of the southern states went farther,
exacting from the minister a bond for the faithful performance
of his trust, in addition to credentials of ordination and good
standing. Both these conditions are still enforced by the statutes
of Kentucky,[661] Virginia, and West Virginia. Some other states
have contented themselves with less severe requirements. Rhode
Island has thus a careful system of local registration; in Maine
and New Hampshire the clerical celebrant must secure a "commission"
from the governor; in Minnesota, Wisconsin, Nevada, and Arkansas he
must file his credentials with the proper county officer and receive
a certificate; Ohio requires a license from the county judge of
probate; a license from the proper authority is also demanded in
Hawaii;[662] but in the majority of cases no such precautions are
specified in the statutes. Here is need of reform. Under present
social conditions, and considering the vast multiplication and
subdivision of religious sects, the Virginia system is not too
rigorous to justify its adoption throughout the land. Furthermore,
the future lawmaker may perhaps get a suggestion from English
legislation, which has had to deal with the same problem. The
ministers of every religious sect are authorized to celebrate
marriages according to its own rites; but, aside from Jews, Quakers,
and the Church of England, otherwise provided for in the statute,
they may do so only in a "registered building" and in the presence
of the civil registrar of the district and two witnesses.
Public-domain text, read in full here on John Shaqi.
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