HARTFORD, JULY, 1789.

EXPLANATION _of the_ REEZONS, _why_ MARRIAGE _iz_ PROHIBITED _between_

NATURAL RELATIONS.

Much haz been said and written to ascertain between what relations

marriage ought to be permitted. The civil, the canon, and the English

laws, differ az to the degrees of consanguinity necessary to render this

connection improper. A detail of the arguments on this subject, and even

a recapitulation of the decrees of ecclesiastical councils, in the erly

ages of the church, would be tedious and uninteresting. I shall only

offer a few thoughts of my own on the question, with a view to

illustrate a single point, which haz been agitated in modern times, and

on which the different American states hav passed different decisions.

The point iz, whether a man should be permitted to marry hiz former

wife's sister. In some states this iz permitted; in others, prohibited.

Thoze who favor the prohibition, ground their reezon on the Levitical

law, which says a man shall not marry hiz wife's sister, during the life

of hiz wife, to vex her. This prohibition, while it restrains a man from

having two sisters for wives at the same time, among a peeple where

poligamy waz permitted, iz a negativ pregnant, and a strong argument

that a man waz allowed, after the deth of a wife, to marry her sister.

The Jewish law, however divine, waz designed for a particular nation,

and iz no farther binding upon other nations, than it respects the

natural and social duties. In no one particular, hav men been more

mistaken, than in explaining divine commands. It haz been sufficient for

them to reseiv a law into the wil of God, without examining into the

reezons for which the law waz revealed. They seem to hav inverted the

foundation of moral obligation, in supposing the moral law to derive its

propriety and fitness originally from the wil of Deity, rather than from

the nature of things. They talk about the fitness and unfitness of

things, independent, not only of society, but of God himself. Such wild

notions, I presume, are not common. There could be no fitness nor

unfitness of things, before things were made; nor could right and rong

exist without social beings. The moral duties therefore are not right,

merely because they are commanded by God; but they are commanded by him,

because they are right. The propriety or fitness of them depends on the

very nature of society; and this fitness, which waz coeval with

creation, waz the ground of the divine command.[150]

[150] It may be said, that _moral right_ and _rong_ must

ultimately be resolved into the wil of Deity, because society

itself depends on hiz wil. This iz conceded; I only contend

that moral fitness and unfitness result _immediately_ from

the state of created beings, with relation to eech other, and

not from any arbitrary rules imposed by Deity, subsequent to

creation.

The law of Moses, regulating marriages, waz founded on this propriety or

fitness of things. A divine command givs a sanction to the law; but the

propriety of it existed prior to the command. The reezons for

prohibiting marriage between certain relations are important; yet they

seem not to be understood. It haz been sufficient, in discussing this

point, to say, _such iz the law of God_; and few attempts hav been made

to find the reezons of it, by which alone its extent and authority can

be ascertained.

There are two rules, furnished by the laws of nature, for regulating

matrimonial connections. The first iz, that marriage, which iz a social

and civil connection, should not interfere with a natural relation, so

az to defeet or destroy its duties and rights. Thus it iz highly

improper that an aunt should marry her nephew, or a grandfather hiz

grand daughter; because the duties and rights of the natural relation,

would be superseded by the positiv duties and rights of the civil

connection.

The other rule iz much more important. It iz a law of nature that

vegetables should degenerate, if planted continually on the same soil.

Hence the change of seeds among farmers. Animals degenerate on the same

principle. The physical causes of this law of nature, are perhaps among

the arcana of creation; but the effects are obvious; and it iz

surprizing that modern writers on law and ethics should pass over almost

the only reezons of prohibiting marriage between blood relations.

Consanguinity, and not affinity, iz the ground of the prohibition.[151]

[151] By the ancient laws of England, relations in the same

degree, whether by consanguinity or affinity, were placed

exactly on a footing. See the suttle reezoning by which the

prohibitions were supported, in Reeve's History of the

English Laws, Vol. IV.

It iz no crime for brothers and sisters to intermarry, except the fatal

consequences to society; for were it generally practised, men would soon

become a race of pigmies. It iz no crime for brothers and sisters

children to intermarry, and this iz often practised; but such near blood

connections often produce imperfect children. The common peeple hav

hence drawn an argument to proov such connections criminal; considering

weakness, sickness and deformity in the offspring az judgements upon the

parents. Superstition iz often awake, when reezon iz asleep. It iz just

az criminal for a man to marry hiz cousin, az it iz to sow flax every

year on the same ground; but when he does this, he must not complain, if

he haz an indifferent crop.

Here then the question occurs, iz it proper for a man to marry hiz

wife's sister? The answer iz plain. The practice does not interfere with

any law of nature or society; and there iz not the smallest impropriety

in a man's marrying ten sisters of hiz wife in succession. There iz no

natural relation destroyed; there iz no relation by blood; and _cessante

ratione, cessat et ipsa Lex_; the law ceeses when the reezon of it

ceeses.

No. XXVII.

A Collection of Essays and Fugitiv Writings On Moral, Historical, Political, and Literary Subjects · 第 46 / 53 题