Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-05-14
WHAT Is MARRIAoEp

English divorce courts, conclusions have
been arrived at so ultra and one-sided as
to the nature Of marriage as to defeat the
very end for which the laws of marriage
were framed, and absurdly to contradict
themselves. A Mormon marriage, or one
in which room is left for polygamy, is de-
clared to be no marriage, although the
parties may be exclusively true to each
other, so far that the divorce courts can.
not regard the parties as other than living
in co~ncubinage while, at the same time,
it is expressly said that the children are
not to be thereby illegitimatized. This
gross inconsistency at once shows thai
State policy, and not the eternal princi-
Piles of law and right, lie at the bottom Of
this decision. The object is and must be
TO put a stamp Of infamY upon young
women going to Utah and settling there.
If this were good-law, it would open up q
more extensive and serious question still
ii. c. how far a marriage contract can be
valid in States where the laws allow such
facilities of divorce as to make it dissolu-
BILE almost at the will Of either party.
The case has become well known. An
Englishman, named Hyde, now q Dissent
ing minister, went to Utah, and there was
married by Brigham Young himself to a
young Englishwoman, who had come out
there with her mother. They were mar
ried as Mormons, the husband being I'M
derstood to have the right to take other
wives. He never did this, however, but
had children by her, and was sent out on
a mission to the Sandwich Islands with
out her. There he renowned Mormon
ism, and was accommodated. His wife
refused to follow him, but was married to
another man. and has children by him.
He applies for a divorce, and is refused, in
England, on the ground that in the sense
of the Divorce Act he never was married
10 her. The reason for this decision is,
tina, "i, is utterly at variance with the
law Of Christian marriage to permit the
man TO marry a second woman, the Di-
vorce Act making bigamy as well as adul-
terry a ground Of divorce"
On the other hand, it was contended
that the local law Of the place where the
marriage was contracted ought to rule-at
least TO this extent, that the first of a Sc
ries of polygamous unions ought to be
recognized. But Mr.. Hyde was decided
TO be q bachelor in the eye Of the law.
Blu. the law of " Christian marriage is
much more severe against divorce than
agains, polygamy, which it clearly allowed
to remain where contracted previously to
n Christian professor, and only refused to
such persons the right to hold office in the
Christian Church. But marriage is not
exclusively a Christian institution ; 1t be-
longs TO man a, man. Even Lucretius,
the heather, dates the civilization Of the
human race from the time when the insti-
tuition of marriage created that Of the
family, and, through the family, that of
the State. It is a part Of universal reli-
gion, and to fail to recognize it where it
really exists, and, where it ought to be en-
courased, throw obstacles in the way, has
been the besetting sin Of Europe Except in
Scotland) and the source Of most Of that
awful concubinage that is found in every
rank in the old countries.
Christian marriage. the Judge Ordinary
defines as 1.-THE voluntary union for life Of
one man and one woman, to the exclusion
of all Others" Christianity has never laid
tina. down as the law Of marriage, so that
the tie cannot exist if the whole Of this is
no, provided for. On the contrary, the
Saviour says that Moses, on account of
the hardness Of the hearts Of the Jews, was
permitted to allow Of divorce, as of polyg-
amy, and yet the tie of marriage exi'ted.
If the English law here laid down were
true, there could be no such thing as mar
rage where polygamy is allowed or in
States like Indiana, where any INT can
get a divorce who chooses to apply.
The laxity of the laws Of some OF the
States on this subject is getting to be as
great an evil as the stringency and tech
~nicality Of the English law is on the other.
There is an eternal law Of universal re-
ligion on this subject, to which Malachi
alludes (ch. 2: laid in the Old Testa-
men,, and Jesus in the New. All State
laws are but attempts to express this great
unwri,,en law. At present, the trouble
with US is-and let every father think OF
i,-that the laws of divorce are such that
when q man gives Ills daughter away in
marriage, she cannot make a real marriage
contract with him for life. For the law
saws, that however they may contract to
live together truly for life. that contract
shall not bind them if they change their
minds. There are so many legal methods
of divorce, for absence, or i'll temper, or
mutual dislike, that the most solemn and
natural of all contracts is the only one
which the laws of many Of our States are
making the most impossible TO be ac-
knowledged as legally and firmly bind
ing, without reserve or reverse.
QUICKSILVER