American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-03-25
THE MARRIAGE TIE.

We have read the following remarks upon this
subject in the Daily Inde1, of February 18th,
published at Sacramento City. We quote the
whole article, both because we heartily assent
to its tenor and because Of the comment it af-
fords upon the tone and character of moral SEN
timcnt in that new and wild region, where civ
ilized men dwell who are sometimes represented
as forgetting the restraints Of civilized life:
Marriage, so far as concerns the circum-
stances of its original formation and consenta-
neous agreement, has been construed to be a
civil contract. But when that contract has been
confirmed and consummated, it loses the char
acter of other legal contracts, and cannot, save
in few excepted cases, be annulled. That its
obligations should be sacred and lasting as the
lives of the contracting parties, is of the first
Importance to the welfare of society. Hence,
nothing but the direst necessity can ever justify
its dissolution. Not only has the law been care
ful to restrict the application of divorces to a
few specific instances, but it has been always
rigid and exact III granting its indulgences to
even these. So many and such grievous inju-
ries to the public morality and common good
would flow from an extended latitude in this re-
spect that it is better for occasional instances
of individual hardship to occur, than, by re-
pairing these, to endanger the continuance of
social harmony and order. The very knowl-
edge that the marriage contract is indissoluble
tends to prevent the increase of domestic strife
and controversy, and create disposition to en-
dure, with resignation, that which is newt
able while, on the contrary, if every occasion
of connubial disagreement could affect legal
separation, the social fabric would soon totter
to its fall. 1t is therefore of inevitable neces-
citu hot nft tba inf,
character should frequently occur, to sustain
thereby the interests and the stability of So
ciety at large. If the door of egress from we'd
ded life were made of easy opening and exit,
there would occur temptations, constant and
innumerable, to escape therefrom. Not only
would this inclination spring from those domes-
tic infelcities which poison and embitter we'd
ded life, but even where the wanton fancy was
kinded for a moment by some new object Of
desire, there would be an abandonment of old
connexions, and lewd craving for unhallowed
ties. Stripped Of its restraint and permanent
validity, the marriage contract would be thought
lessly embraced and recklessly abandoned. In
the present organization of society a better
principle prevails.
1t is recognised as n social axiom the very
statute book DEGREES that marriage derives its
sanction from far higher sources than mere hu-
man law, by which its obi cation is perpetuated
and enforced An emanation from the law
divine, followed by che most profound solemni-
ties, its sacred influence is supported and sus-
tanned by human law, and made applicable to
the highest interests Of society. In assuming
its responsibilities, the most serious reflection,
the most prudent counsel are resorted to, under
full conviction that the bond thus formed is of
lifelong obit alton. The mind is taught to
consider that an undertaking so important
should be governed by the dictates of the rea-
son, rather than swayed by the impulses of the
fancy. With the fixed purpose of stalking the
fortunes of all after life, for veal or woe,
upon the consequences Of n union, deliberately
formed, there comes resignation to whatever
evil, as well as q qualification from whatever
good, may grow out Of the marriage tie. The
very necessity of adopting these precautions is
of infpite advantage to society. 1t prevents
the control of passion over reason; it forbids
the contraction Of hasty, ill-assorted unions; it
tends to check the sway of sordid, mercenary
motives in the formation of alliances. When
unfortunate mis-alliances do occur, nothing
could more perfectly alleviate their hardships
than the knowledge that they must be borne.
On the contrary, nothing could give greater ag-
gravation to the ills of married life than the
consciousness that the law has provided
prompt and easy system of divorce. Based
upon these wise principles, and consulting, in
their application, the general advantage, the
law of man has judiciously enforced what the
law of God DEGREES. The restriction of divorces
to the few instances in which the law allows
circumstances of the most cogent necessity
has ever proved of great utility unto the public
interests. As principle it has carried with it
q force Of propriety and fitness which have al
ways conciliated towards it the popular ap-
proval 1t was wise decree of our early legis-
lators, therefore, that the power to grant
divorces should be placed beyond the reach Of
legislative action, and assigned to the jurisdic-
ton Of the courts of law. By this means the
authority to divorce was absolutely limited to
the prescribed cases, and no latitude was left.