Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-10-23

result, only IN their external and uueSsentlal
relations, but should never attempt to touch
the institution itself. 1t may regulate forms
of marriage and recognize marriage as a
fact 1t may regulate forms of dissolution
and recognize the fact of dissolution. These
two things it may and should do for the
good of society. But it should not attempt
to create matrmony nor to destroy the liv-
ing organism when created. Matlimony it.
self is not the creature of legislation. Its
nature and constitution should, therefore, be
left undisturbed by the laws that regulate
its relations.
The principle that we have stated is one of
wide application, but one of the dangers of
the times is that we are not as willing as we
ought to be to leave it to work out its be-
in other things. The value of silver, for
example, depends on the natural relation
of commodities. Legislation can never
make dollar out of three or four hundred
recognizes the actual dollar of natural law.
To go beyond this is fiat law. Something
like this principle is underneath the consti-
tutional provision that the legislatures Of
the states shall pass no law impairing the
obligation of any contract. The integrity
of a contract is something with which law
must not NEEDLE. Higher still is the prin.
ciple of ecclesiastical law in this country,
by which our courts refuse to touch the in
ternal structure or affairs of church, TAX
ing jurisdiction of churches only in their
relations to civil society.
But when we come to an organic whole,
this principle which has its anaogies and
applications in other things, like money,
contracts and churches becomes one of the
highest Importance. 1t is that which gives
the individual his personal rights. Law
treats him in his relations but never inter
feres with his makeup, or personality. 1t
never decides whether he shall be born or
and then guarantees him life, liberty and
protection as a living being-though some
times regulating the modes of his action
until natural causes determine his death.
Then it registers the + act of decease and reg
ulates his burial But all through life the
integrity of his being is never disturbed.
This principle has cost civilization some
thing, and every patriot guards the rights of
the individual with jealous care.
The family, being also organic and vital
in its nature, has a right to a similar treat
ment at the hands of legislation and law.
Its own life is a sacred thing, and should be
inalienable in the eye of the law. The
statute may prescribe, for the good of the
state and for the protection aud encourage
ment of matrimony, the forms under which
1t begins its existence in marriage, and, for
like reasons, it may declare what shall be
the signs by which its dissolution shall be
made known. But with the real life,-
matrimony itself, -legislation has no more
right to NEEDLE than it has with the exist
ence or structure of the human mind. The
state may protect, educate and encourage a
living orgauiem like the person, or the
1t ought not attempt its destruction.
Now such is the nature of matrimony, as
we may take occasion hereafter to show
more fully, that one cause only can destroy
basis of matrimony. The two persons in
Scripture phrase become one flesh, and the
main drift of law is in the same direction.
Say what we may of the higher spiritual
union of the parties, allowing all that the
purest and noblest conception of matrimony
may teach, still the fact remains that we hold
this treasure in the earthen vessel of the
body, and that it must be dealt with by
law in this bodily form. The moment law
leaves the tangible facts of physical condi-
ton for inquiring into mental states, it
quits the solid ground of fact capable of the
best of evidence, to wander in devious paths
with the mire Of free love in the not far of
distance.
A physical cause penetrating to the natura
basis OF matrimony is, in the very nature Of
things, the only arrow that can wound the
vital union unto death. Other things may
bruise, but this emily kills. When legisla
ton goes further than this in its assign
ment of causes for divorce, it passes beyonr
its rightful bounds. Its statutes tend to de
stroy the institution it should protect anC
encourage. 1t corrupts the sources of it,
own power. 1t invades the inaienabl'
rights of the people to the life of the family
No fiat" laws can disturb business NOR,
than our fiat causes for divorce do so
ciety. But let the province of divorc,
legislation be accurately defined, and theI
matrimony will be recognized in due form
at its birth in marriage 1t will be guarde,
and fostered through life. Aud when death
either natural or suicidal, or in other way
violent, comes, law will sit in inquest owe
its dead body, pronounce upon the facts
and prescribe the forms of burial and regi,
tration. 1t receives burial under the care o
its protector in life. Such law invades u
rights, offends no sense OF purity, and neg
lects no duty. Such law the Governor O
Vermont suggests. Shall Vermont lead i
this sound reform