BREACH OF PROMISE OF MARRIAGE.

North Otago Times, Volume XXVI, Issue 1867, 20 April 1878, Page 2

BREACH OF PROMISE OF MARRIAGE.

("Queen.") A Bill is now before the House of Commons, which has for its object the abolition of the action for breach of promise of marriage. A considerable number of persons are in favor of doing away with this action, and some of the leading daily journals consider that in gotting rid of the action for breach of promise of marriage a very good thing will bo effected. On the other hand, petitions havo been presented against the Bill, and notice has been given that its second reading will be opposed. The arguments adduced in favor of the abolition of the action are — that the action is an offence against good taste ; that men do not bring actions for breach of promise of marriage, and that, therefore, women ought to do so (all women who think otherwise being vulgar-minded) ; that only schoming or stupid women bring such actions ; that a man who is capable of breaking his promise to marry is a person that the woman to whom ho made it is better without; and that, if the action is done away with, long engagements, with all their weariness will bo done away with, and men and women will either not promise to marry, or when they do will mako short engagements, and thus prevent the possibility of breaches of promise. On the other hand, while it is agreed that women of good taste and delicate feeling could never allow themselves to become parties to such an action, it is argued that to a very largo number of people marriage is only a kind of bargain, and that, if the man unexpectedly withdraws on his side, the woman on her side is a loser in a way which can bo quite fairly estimated in money, and ought to be so estimated. In the upper classes, it is said, actions for breach of promise of marriage do not take place ; but thon in the upper classes the " foundation of an alliance" is a mattor so carefully watched and guarded that, if a man were to think of drawing back after having gone to certain lengths he would find such social penalties brought to bear upon him, that an action for breach of promiso would bo s mild mattor in comparison. Among the people who do bring actions for broach of promise of marriage, there is probably but little sentiment concerned. The man is generally quite conscious that ho is the object of interested attention to a good many of tho money hunters of his acquaintance, and, knowing that, he endeavors to got as much amusement for himself out of his position as is possible. By chanco, or by some temporary freak of inclination, ho goes a little too far in favor of one or other of tho rival candidates, and ho allows himself to become or to bo considered ongagod tobemarried. Another freak of fancy influences him before the intended marriage takes place — and sometimes (as Was the caie in a very recent instance), even whon the wedding cako is bought, and the wedding guests are invited, the bird, so nearly caged, has flown. It may bo said that under such circumstances tho woman is well rid of the man ; that, in fact, the whole is an instance of tho biter bitten, and that such a woman should havo no remedy. It is to be re membered, however, that many women who bring such actions, are persona who havo beon earning their own livincr, who have given up their situations in tho prospect of being married, and who thoroforo havo suffered actual loss, not only of a prospective, but of a positive kind. With such women, and witli others who look forward to marriage us giving them social position and maintenance, marriage is a question far more of bargain than of sentiment, and tho feelings wounded by tho non-fulfilment of promise are bucli ns can bo properly soothed by money. It is not very evident why, if such bo the case, the power of obtaining such remedy for theii 4 grievances as would bo satisfactory to them should be taken away. Women who nre roally hurt by the desertion of men whom they Wo, are not likely to wear their "hearts upon thoir sleeves," and still less to bring their sorrows into a court of justice. But all women — if the truth is to be told — havo not such delicacy of feeling, and men who act so as to cauco Iho bringing forward of the broach-of-promise cases, are the gort I

of people whom no delicacy of fooling could touch, and who are only to be restrained in their behaviour by considerations of a material character. No doubt, if a dobato on the mattor takes placo, we shall have a long array of tho usual snoors against women brought forward. If the action for breach of promise of marriage bo abolished, tho effect will be, not to make morcenary marriages fewer, but to make tho women sharper in securing what a compassionate journal calls "their victims." Men, having no fear of the action for broach of promise before their eyes, will be less wary in their defences than theyarenow, and more of them may be married after all, if that affords any consolation to the husband-hunters. The root of tho whole evil lies iii the bringing tip of Womdtl'to look to marriage as a means of gaining a livelihood. When that slate of matters, with all its attendant mischiefs, comes to an end, mercenary marriages, tho " hooking of victims," and actions for breach of promise of marriage will necotsarily all coase together.

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