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 certain that the rights cannot all be on one
side and the duties on the other. If the husband legally may compel his
wife to show him her letters, the courts will before long grant the same
privilege to the wife. But, without pressing this point, we hold strongly
to the sacredness of correspondence. The letters one receives are in one
sense not his own. They contain the confessions of another soul, the
confidences of another mind, that would be rudely treated if given any
sort of publicity. And while husband and wife are one to each other, they
are two in the eyes of other people, and it may well happen that a friend
will desire to impart something to a discreet woman which she would not
intrust to t