would depend, many would say,
upon what kind of a husband he is. But it cannot be put aside in that
flippant manner, for it is a legal right that is in question, and it has
recently been decided in a Paris tribunal that the husband has the right
to open the letters addressed to his wife. Of course in America an appeal
would instantly be taken from this decision, and perhaps by husbands
themselves; for in this world rights are becoming so impartially
distributed that this privilege granted to the husband might at once be
extended to the wife, and she would read all his business correspondence,
and his business is sometimes various and complicated. The Paris decision
must be based upon the familiar formula that man and wife are one, and
that that one is the husband. If a man has the right to read all the
letters written to his wife, being his property by reason of his
ownership of her, why may he not have a legal right to know all that is
said to her? The question is not whether a wife ought to receive letters
that her husband may not read, or listen to talk that he may not hear,
but whether he has a sort of lordship that gives him privileges which she
does not enjoy. In our modern notion of marriage, which is getting itself
expressed in statute law, marriage is supposed to rest on mutual trust
and mutual rights. In theory the husband and wife are still one, and
there can nothing come into the life of one that is not shared by the
other; in fact, if the marriage is perfect and the trust absolute, the
personality of each is respected by the other, and each is freely the
judge of what shall be contributed to the common confidence; and if there
are any concealments, it is well believed that they are for the mutual
good. If every one were as perfect in the marriage relation as those who
are reading these lines, the question of the wife's letters would never
arise. The man, trusting his wife, would not care to pry into any little
secrets his wife might have, or bother himself about her correspondence;
he would know, indeed, that if he had lost her real affection, a
surveillance of her letters could not restore it.
Perhaps it is a modern notion that marriage is a union of trust and not
of suspicion, of expectation of faithfulness the more there is freedom.
At any rate, the tendency, notwithstanding the French decision, is away
from the common-law suspicion and tyranny towards a higher trust in an
enlarged freedom. And it is ce
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