which one can venture to say that there ought to be no liberty whatever
of retractation. Baron Wilhelm von Humboldt, in the excellent essay from
which I have already quoted, states it as his conviction, that
engagements which involve personal relations or services, should never
be legally binding beyond a limited duration of time; and that the most
important of these engagements, marriage, having the peculiarity that
its objects are frustrated unless the feelings of both the parties are
in harmony with it, should require nothing more than the declared will
of either party to dissolve it. This subject is too important, and too
complicated, to be discussed in a parenthesis, and I touch on it only so
far as is necessary for purposes of illustration. If the conciseness and
generality of Baron Humboldt's dissertation had not obliged him in this
instance to content himself with enunciating his conclusion without
discussing the premises, he would doubtless have recognised that the
question cannot be decided on grounds so simple as those to which he
confines himself. When a person, either by express promise or by
conduct, has encouraged another to rely upon his continuing to act in a
certain way--to build expectations and calculations, and stake any part
of his plan of life upon that supposition, a new series of moral
obligations arises on his part towards that person, which may possibly
be overruled, but cannot be ignored. And again, if the relation between
two contracting parties has been followed by consequences to others; if
it has placed third parties in any peculiar position, or, as in the case
of marriage, has even called third parties into existence, obligations
arise on the part of both the contracting parties towards those third
persons, the fulfilment of which, or at all events the mode of
fulfilment, must be greatly affected by the continuance or disruption of
the relation between the original parties to the contract. It does not
follow, nor can I admit, that these obligations extend to requiring the
fulfilment of the contract at all costs to the happiness of the
reluctant party; but they are a necessary element in the question; and
even if, as Von Humboldt maintains, they ought to make no difference in
the _legal_ freedom of the parties to release themselves from the
engagement (and I also hold that they ought not to make _much_
difference), they necessarily make a great difference in the _moral_
freedom. A person is bound to take all these circumstances into account,
before resolving on a step which may affect such important interests of
others; and if he does not allow proper weight to those interests, he is
morally responsible for the wrong. I have made these obvious remarks for
the better illustration of the general principle of liberty, and not
because they are at all needed on the particular question, which, on the
contrary, is usually discussed as if the interest of children was
everything, and that of grown persons nothing.