New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-15
RELORuING TIE MARRLAGE LAWS

Our correspondent WROTE Wltn GedsOH WIZ
advocated constitutional amendment author
ling a uniform National law to regulate mar
rage and divorce. Constitutional amendments,
indeed are easier proposed than carried. But
several have been adopted with less urgency
from any real, widespread public need, than
would support this. The existing " conflict OF
"lawsn on these most important subjects Is
lamentaole. As respects divorces, there are
dozen quite distinct and different systems in
active operation a condition which would not
be tolerated except that it has come about so
gradually as not to awaken sharp attention
As respects marriages, the confusion, II less
obvious, is not less real. In one State, actual,
present consent of parties to become husband
and wife, carried into effect is valid mar
riage. and any description Of proof Is received
to establish it forms and ceremonies are alb
soutely unimportant. In another State there
must be a license in another, wedding be-
fore an officer in another, record and there
is further subdivision among the States re-
quiring formalities with respect to how the
requirements shlll be enforced whether the
marriage is defective, or only a penalty in
cured.
In past years the courts have, upon princf-
pies of comfy, recognized marriages which
were valid where contracted us valid every
where. This has been necessary concession,
and explains how the confusion in the laws
has not produced intOerable confusion III life
Imagine the feelings of married couples while
travelling, if the tie between each pair were
deemed lawful or immoral according as it con-
formed to or cOntravened the laws Of the
State through which they happened to be
passing. Imagine the consequences to morality
if n New-York husband could escape marital
obligations by removing to Connecticut or
New-Jersey, where, perhaps, some preliminary
or ceremony might be necessary to a marriage,
which he and his wife, married in New
York, where it was not prescribed,
did not observe Yet such consequences
might flow if the courts of each
State enforced, strictly, the local law of mar
rage in all cases. The courts have felt COM
PEELED to recognize all marriages which are
valid where made; and thus has grown up
sort of National law, or rather clumsy sub
stItute for one. But the principle is vicious,
because it enables a lax State TO impose its
loose methods upon other States. And excep-
tons to the principle are arising and are
likely to increase More particularly since
emancipation some States have become strenu
GUS in prohibiting marriages between whites
and blacks, while others allow such unions.
Experimenting couples have, in several in
stances travelled from the State where they
lived and where their intermarrage was pro-
hibited because of their contrast In color, to
another where it was allowable, have married
there. and returned home expecting to live
under protection of the principle that a mar
rage valid where made is valid everywhere,
but have been put in Jail because they trav-
elled out of the State to marry in violation of,
its laws. If Utah should be admitted adher-
ing to polygamy, another exception would be
necessary the sister States would never recOg-
nize within their own limits polyglmous mar
riages, merely because valid in Utah, where
made.
No one has advanced any view of cOnstitu-
tional construction likely to be generally ac-
ceptable. upon which National law can be
shown within the existing powers of Congress.
There is no hope of Improvement throw my
concurrent, harmonious State legisat.o. VOL
unfairly adopted, because the root of the
trouble is that single States persistently adj
here to their divorce systems, some strict,
some loose There are one or two States
which seem to pride themselves on allowing
no divorces, or hardly any; and one or two
which appear to proffer free divorce among
their inducements to new settlers. These can
not be expected to agree, voluntarily, upon
any medium system. A constitutional amend
ment, if friends of reform would unite to
secure one would be effective in this way
that by it a moderate, just, uniform law. salts
A. k,rIa Of tot o,,,l1 h,
established over all