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Not even the intercourse of the sexes is exempt from the despotism of positive institution. Law pretends even to govern the indisciplinable wanderings of passion, to put fetters on the clearest deductions of reason, and, by appeals to the will, to subdue the involuntary affections of our nature. Love is inevitably consequent upon the perception of loveliness. Love withers under constraint: its very essence is liberty: it is compatible neither with obedience, jealousy, nor fear: it is there most pure, perfect, and unlimited, where its votaries live in confidence, equality, and unreserve.

How long then ought the sexual connection to last? what law ought to specify the extent of the grievances which should limit its duration? A husband and wife ought to continue so long united as they love each other: any law which should bind them to cohabitation for one moment after the decay of their affection, would be a most intolerable tyranny, and the most unworthy of toleration. How odious an usurpation of the right of private judgment should that law be considered, which should make the ties of friendship indissoluble, in spite of the caprices, the inconstancy, the fallibility, and capacity for improvement of the human mind. And by so much would the fetters of love be heavier and more unendurable than those of friendship, as love is more vehement and capricious,