, persons absolutely _non compos_, was, of
course, always void at the common law, and the church law as well.
They are incapable of contract. The marriage of impotent persons was
void also, but by recent laws the marriage of epileptics is forbidden
and made void, the marriage of persons addicted to intoxicating
liquors or drugs, the marriage of persons who have been infected by
certain diseases; and finally, most startling of all, the proposal
looms in the future to make every man contemplating a marriage submit
himself to an examination, both moral and physical, by the State or
city officials as to his health and habits, and even that of his
ancestry, as bearing upon his posterity. Novels have been written
about men who avoided marriage by reason of a taint of insanity in the
family; this modern science of eugenics would propose to make such
conduct compulsory by law.

[Footnote 1: Mr. Flinders Petrie, in his late book, "Janus in Modern
Life," tells us that at least ten varieties of marriage and marriage
law have prevailed in history, and that all save marriage by capture
perdure in the civilized world to-day, most of them, in actuality,
even in England.]

We have now said enough on the abstract questions to close with some
of the concrete examples. Some States forbid the marriage of a person
who has tuberculosis; some require him to submit to an examination. In
1907 a bill was introduced in Michigan, which provided that no person
should be permitted to marry who had ever led an unchaste life. This
bill did not, however, become a law.

In divorce matters New York, in 1890, adopted the very intelligent
statute requiring courts to allow a person charged as corespondent in
a divorce case to make defence. Six States raised the age of consent
in criminal matters, and four in marriage; one required a marriage
ceremony. In 1891 one State added crime, or conviction for crime, as
a cause of divorce, one insanity. Two regulated the procedure in the
direction recommended by the Uniformity Commissioners. One made it
criminal to advertise the securing of divorces in the newspapers. Two
States made simple sexual connection a crime (which was not a crime
at the common law). One Southern State enacted a special law against
slander of women,--another instance of the tendency to their special
protection. Several States adopted newer laws giving complete control
of their separate property to women, and allowing them to do business
as