In Chile marriage is simply a contract, entered into between two
persons of opposite sex, regarding exclusive possession, society and
service, and who by a civil, legal ceremony are pronounced husband and
wife. The contract does not by implication, or actually, necessarily
include protection or affection. This does not refer to marriages among
the better classes, where money, social position or advantage are taken
into consideration, but the poor, or middle classes, with whom marriage
is a matter of convenience. With these people fidelity is not expected
or demanded. The women have little to claim their attention, beyond
domestic duties and personal adornment. Inherited characteristics and
the influence of environments make them an easy prey to flattery,
in the dispensing of which the Chilenos are artful and crafty. Evil
motives, wrapped in delusive words, suggesting no interpretation of
their true meaning, are the common weapons used by the men to ensnare
trusting hearts guided by uneducated minds. Manly protection to woman
is so rare in the sub-stratum of Chilean society as to be almost
unknown.
Twenty-five years of age constitutes a legal majority for both
sexes, after which marriage may be contracted at the pleasure of the
interested parties. A boy of twelve or a girl of fourteen years may
legally marry with the consent of parents or guardian. Once married
the law declares them of legal age.
Previous to the year 1885, marriage ceremonies were celebrated only
in the Catholic churches, which was recognized by the government as
legal. After a prolonged and bitter discussion, a law was passed on
January 10, 1884, requiring a civil registry of all births, deaths
and marriages, and which deprived the church of the right to legalize
marriages. This act, which went into effect January 1, 1885, recognizes
as legal only marriages solemnized by the “Oficial del Registro
Civil,” residing in the same municipality or sub-delegation as the
contracting parties. The ceremony must be witnessed by two or more
persons. Although a marriage ceremony performed by the priests has no
legal import or effect, women of the Catholic faith always demand it,
and most legal weddings are celebrated by two ceremonies. Even yet in
some instances the civil, or legal service is disregarded, and only the
church ceremony performed. Such marriages are not recognized in the
courts, however, and in case of inheritance by the children born of
such a union, they are barred from sharing in property rights.
There was much conflict and contention between Church and State during
the first few years of the civil registry law. The priests preached
violently against it, directing their efforts principally to the female
members, who are the loyal supporters of all church organizations, and
with whom they made the law offensive and objectionable, by refusing
in many instances confession and absolution to all those who were
married according to the civil law only. They were given the ultimatum
of defying the law of the land and accepting a church marriage
ceremony as binding, or excommunication. The result of these church
teachings was, that for several years after the law went into effect
most Catholics, and especially those representing the aristocracy,
were married by the church only, not realizing, apparently, the
complications that would result from such defiance of law, until their
children were declared illegitimate by the courts. This created a
dilemma, and a serious effort was made to legalize their marriages and
legitimatize their children by a repeal or modification of the law, but
without success. In the meantime the more radical members of the clergy
declared that it were better to live together as husband and wife under
sanction of the divine order, than to resort to civil marriage. As a
compromise members of the Catholic church are now married before the
“Registro Civil,” and afterwards in the Catholic church. But even now,
in the rural districts of Chile, many people are married by the church
only.
The party constituting the Liberal-Alliance, which was in power, and
organized the ministry at the sitting of the Ordinary Session of the
National Congress in June, 1904, in outlining a programme for the
party, declared itself in favor of a law that would prohibit the church
from celebrating marriages, without the presentation of a certificate
attesting the fact that the marriage had been previously celebrated
before a Civil Registrar. The Conservative party in Congress announced
through its leaders its intention to vigorously oppose the measure,
showing that there is still a political element in Chile in favor of
empowering the church with authority to legalize marriages.
In discussing this phase of social life, reference is made to the
common people of the country, and not to the rich and educated few,
where wealth, family connections, or social position may enter into and
influence the question of matrimonial alliances, and among whom wedding
ceremonies are conducted much as they are in other civilized countries.
Courtship is short; there are no long years of waiting. Once the
question is decided the matter is consummated and all doubts as to
congeniality or advisability are left for future consideration.
The custom of courtship is the same as that prevailing in other
Spanish-American countries. It consists more in impassioned glances,
smiles and actions on the part of the participants to attract each
other than in conversation or a discussion of mutual interests.
Sometimes the proposition is made and accepted after the first
meeting, and not infrequently it is arranged by the families of the
interested parties. Whether the majority of marriages in Chile are
contracted from motives of affection, passion, or material interests
is difficult to determine. There would seem to be little love in the
motive that inspires, for among the poorer classes the object appears
to be mutual care, service and protection. During religious festivals,
where men and women are brought into close relationship and intimate
association, under the influence of liquor, marriages are generally
arranged, proposals accepted, and bans simultaneously published by the
contracting parties and the priests. Their past lives have been more or
less the same and there are no sacrifices on the part of either. There
is no demonstration to make the event conspicuous; what to expect and
how to meet it are conditions well known to both. There is no foolish
sentiment exhibited. The wedding is consummated and celebrated because
it is mutually convenient. Their standards of honor, honesty, fidelity
and veracity are about equal. Should either of the contracting parties
hesitate or refuse to comply with the agreement, he or she, as the case
may be, is accused before the priest of the parish church, who commands
the delinquent to respond, and the marriage is celebrated at once.
Protests are in vain, the marriage contract once having been announced,
like the sentence in court, must be carried out, under ecclesiastical
authority. Illegitimacy among the poor of Chile is no disgrace, and
is not a bar, or even a disadvantage when it comes to the question of
marriage. Children born to women previous to marriage are treated by
the husband upon terms of equality with those of the legal union. An
examination of the baptismal record of the churches in the country
districts will reveal the fact that a large per cent. of the children
are inscribed as “El padre desconocido” (the father is unknown).
Be it said to the credit of the women in the sub-stratum, as well as
in the upper-crust of Chilean society, that, as a rule, they respect
their marriage vows. With the men it is the rare exception instead
of the rule. After marriage, people of the common class resume their
accustomed life and habits, living as a rule under the paternal
or maternal roof of one or the other. The man is not necessarily
expected to contribute to the support of his wife, the custom being
for that member of the family to provide maintenance for the pair, and
invariably to support herself. They seem to enjoy a careless, bohemian
sort of contentment that meets the requirements of their simple lives.
Little is expected, each seems entirely satisfied with the acts of
the other and the stream of domestic harmony runs on uninterruptedly.
Such is life among these simple folk, who mate as do the birds, and
with whom mutual interests, simplicity and natural instincts are the
controlling influences in matrimonial alliances.
An inventory of all property possessed by each of the contracting
parties at the date of the wedding is carefully taken. It may be a
horse, a cow, pig, fowls, a bed, or other articles. This property
does not enter into the marriage contract and become a part of the
common fund. On the wedding day the bride and groom are accompanied
to the church by friends and neighbors, usually on horseback. There
is singing and music of guitars, firing of shooting crackers and guns
and other demonstrations. There is frequent drinking to the health of
the couple, with “viva los novios.” Anyone who desires may participate
in the wedding feast, as all refreshments are disposed of at a price.
The profits on the feast are given to the bride as a wedding gift.
These celebrations sometimes last three or four days and nights,
with drinking, singing and dancing. Among the middle classes wedding
ceremonies are the same, except that invitations are not quite so
general. And among the more prosperous of the middle classes, the
refreshments served at the wedding feasts are free.
A married woman never goes by the name of her husband. If Señorita
Carmen Valenzuela is married to Don Jacinto Nuñez, she is afterwards
Señora Carmen Valenzuela de N; if she becomes a widow she retains the
foregoing name with the addition of the letter V before the de N,
meaning widow of Nuñez.