The consent of fathers is
founded on their authority, that is, on the right of property. It is
also founded on their love, on their reason, and on the uncertainty of
that of their children, whom youth confines in a state of ignorance and
passion in a state of ebriety.
In the small republics, or singular institutions already mentioned,
they might have laws which gave to magistrates that right of inspection
over the marriages of the children of citizens which nature had already
given to fathers. The love of the public might there equal or surpass
all other love. Thus Plato would have marriages regulated by the
magistrates: this the Lacedæmonian magistrates performed.
But in common institutions, fathers have the disposal of their
children in marriage: their prudence in this respect is always supposed
to be superior to that of a stranger. Nature gives to fathers a desire
of procuring successors to their children, when they have almost lost
the desire of enjoyment themselves. In the several degrees of
progeniture, they see themselves insensibly advancing to a kind of
immortality. But what must be done, if oppression and avarice arise to
such a height as to usurp all the authority of fathers? Let us hear what
Thomas Gage says in regard to the conduct of the Spaniards in the West
Indies.
[10]
"According to the number of the sons and daughters that are
marriageable, the father's tribute is raised and increased, until they
provide husbands and wives for their sons and daughters, who, as soon as
they are married, are charged with tribute; which, that it may increase,
they will suffer none above fifteen years of age to live unmarried. Nay,
the set time of marriage appointed for the Indians is at fourteen years
for the man, and thirteen for the woman; alleging that they are sooner
ripe for the fruit of wedlock, and sooner ripe in knowledge and malice,
and strength for work and service, than any other people. Nay, sometimes
they force those to marry who are scarcely twelve and thirteen years of
age, if they find them well-limbed and strong in body, explaining a
point of one of the canons, which alloweth fourteen and fifteen years.
Nisi malitia suppleat tatem."
He saw a list of these taken. It was, says he, a most shameful
affair. Thus in an action which ought to be the most free, the Indians
are the greatest slaves.
