The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-08-09

Marrying and giving IN marriage mas pccn
the common lot since creation. It is the
pivot on which the world turns. The ques.
tons that concern 1t have their source In the
foundations of social life, and merit clear,
profound, and long continued thought before
an attempt Is made at their practical solu.
tion. Congress did well at its last session to
take time for sober second thought by de-
ferring until next winter bill to render
more easy In this District divorces from the
bonds of matrimony. The most radical Of
reformers may we'll pause before making
changes in customs long established and H.
terwoven with every Abre of society. Change
IL not always reform. As the law now stands
conjugal lnfdelity is the only cause for which
the courts of this District are authorized TO
dissolve matrimonial contract freely made
without fraud. Tho law proposed authorizes
divorce In the discretion Of the chancellor for
other causes. II may be well to take our
bearings and ascertain where We and the
world stand now In relation to this subject.
As q religious question, the Orthodox
Jews and the Catholics do not recognize
the authority Of the courts to dissolve the
marriage bond for any cause. Most Of the
conservative Protestant denominations limit
this authority to cases Of adultery, but the
more advanced creeds hold the connection
OF husband and wife to be mere civil rcla-
tion as completely within the Jurisdiction OF
municipal law as the relation of guardian
and ward. Nor Is there more uniformity In
the law Of enlightened nations. France adj
mits no divorce vincuio n,dtrimonii for INV
cause. In Austria, Italy and Spain the
laws, until lately, gave TO the words, "what
God hath Joined together let no man put as
sundor," literal Significance, and made
marriage indlssolublc but modern reforms
are changing all that. Tho ldadrech Of
Prussia allows divorce for many causes, '!un-
eradicable rcpugnance" being numbered
among them. In England, New York, Yir-
ginla, and most Of the States south Of the
Potomac, adultery Is the only cause for
which marriage can be dissolved. The New
England States, New Jersey, Missouri and
Ohio, as well as Indiana and most Of the
other Western States, admit complete divorce
for desertlon, cruelty, habtual drunkenness,
and the like.
The frequency OF divorces In Chicago and
some other Western cities under the opera
tion of loose divorce law has grown to the
magnitude Of public scandal, but under the
present law our own city does not show q
large percentage Of unhappy marriages
seeking relief In divorce, for during the pres
ent year so far thore have been In this Dis
trict but thirty-three applications for divorce,
while eight hundred and forty-siy happy
couples have been licensed to enter the bonds
Of matrimony.
It oftentimes seems hard that a wife, In
suited ana outraged and abandoned by the
protector she had chosen, and RENTED to- n
condition Of utter helplcssness, to which
her maldenhood was strength, should notAe
allowed to take the helping hand OF a wSr.
thy and adcctionate suitor. A woman thus
deserted Ia an anomaly in our American life.
A maiden she can never be, matronagc is
forbidden by law, and, almost unsexcd, she
stands balancing herself upon the lino that
separates the happy mother from the
wretched outcast Dickens has well portrayed
In "Sterhon Blackpool, the situation OF I,
man In like circumstances. Tho common
faillngs OF manhood maxi tn, sympathy of
men In such cases almost grotesque; but II
can DO no light thing to set men at sea In the
community whose best affections must needs
blight whatever responds to them. Yet Il
would be far from unmixed good II any hus-
band, by the simple expedlcnt of a few
years absence, or wife by a at of terma.
gancy, could abolish the marriage relation
and make children half-orphans.
And II to this were added the practical
operation of tho recent suggestion of one Of
our District judges that in divorce cases the
wrong door should DO refused the right to
marry again, the consequences might become
alarming, especially If We followed the ex-
ample Of Chicago In tho frequency OF divorce.
Think OF it. Half Washington forbidden to
marry, and the city, like some vast convent
city Of medieval days, filled with men doing
penance for the sins of youth in an enforced
celibacy. We are willing to have some
changes In the divorce act but we must
protest against this. II not forbidden by the
higher law-"increase and multlply''-pro-
mulgated In Eden, 1t at least contravcnes
that beneacent provision of the Constitution
which forbids tho infection of "cruel and
unusual punlshments.'