The daily press. (Cincinnati [Ohio) 1859-1859, 1859-03-01
Of Divorce,


The interest manifested by the public
in the proceedings in several recent cases
of DIVORCE, here and elsewhere, indicate
Il tendency in the popular mind to inquire
into the foundation of some of the old
ideas touching the nature of the marriage
contract, with a very perceptible disposi-
ton to question their correctness. AS is
usual, however, in every case where there
are symptoms of a progress in one quar-
ter there are corresponding evidences Of
alarm in another, and the party Of move
ment has its correlative in the party that
would obstinately stand still, or perversely
90 backward. Each party, furthermore,
has its extreme section: that of the one
rushing forward into the wild fanatical
doctrines of free love; that of the other
holding to the idea that marriage is a con-
tract of peculiar sanctity, entered into
under auspices especially divine, and in
every form of circumstances of perpet-
ual obligation.
If there exists any dogmatic rule di-
vinely communicated to man, by which
the marriage bond was instituted, it has
hitherto eluded our research. We have
heard of Goods holy ordnance" but
never yet seen it in print or in writing
God made man and woman necessary to
each other, and marriage is the conSe-
auence. Having created the necessity,
no command was required; if he had not
created the necessity, none would have
been of any avail. Pressed by the wants
of their natures men and women came
together upon such terms as were suit
able to their respective characters and re-
quirements and out of the custom gre;5
the first laws upon the subject, which
were simply the expressions of the COM
mon conception of the rights and duties
of the parties
The Roman Catholic Church, as one
of the means to retain its hold upon the
consciences of its communicates, elevated
marriage into sacrament; and as a
necessary consequence, made it indissolu-
bic the effect of which is perceptible, to
a greater or less degree, in the collective
opinions and prejudices of all the Protest
ant sects. The Church of England, al
though denying the ghostly character of
the relation, adheres to the idea of per-
petual obligation and the clergy of the
United States, by the religious ceremonies
with which they seek to accompany its
execu ton, give force to the notion that
there is something in the nuptial con-
tract---eitfler in its character, or in the
msnner in which it is entered into-that
takes it out Of the rule of all other agree.
ments, and gives it peculiar quality OF
permanence and indefeasibility Itwould
be diff cult to find foundation in reason
or in revelation, for any of THESE varieties
of opinion. ....
Marriage" says IL standard English
writer upon National Law, "is contract
between man and woman, in which
by their .utual consent, each acquires t
right on tie person of the other, for the
purposes Of their mutual happiness anC
the production and educationOf children
This contract, in obedience to the require
ments OF society, is usually entered int
with some forms of publicity; but this il
by no means necessary to its bindin:
character as to the parties. The con
siderations Of the contract are mutua
promises Of assistance and support; an(
so far as appears, the rule of reason il
respect to its construction is in no wis,
different from that which is applicable t.
other agreements. Thecustoms Of societ,
and the consent of mankind, have deter
mined the nature of the service whicl
each is bound to render the other party
nor does there seem to be any hardship o
impropriety in applying to this the lay
which is applicable to all other contracts
that when either party willfully fails t
perform his or her obligations, it is tn
right OF the other to put an end to tn
relation between them. 1t is maxim
that would seem to require only to b
stated in plain terms, to insure universe
assent, that no two human beings shOulC