Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1883-03-27
CONCERNING DIvORCI

Two articles on Divorce in the V,,l
american Rerie,o for April deserve careh,
reading. They are written by Rev d,
Theodore ID. woolsey and Judge JobpA
jameson. Reviewing the method, bv
which divorces are now obtained. Judo.
jameson offers the following In the wayo,
remedy
The answer is, the proceedings must h.
so modified as TO reduce fraud and colin.
sion TO a minimum; the consequent. N,
decree must be made 10 the guilty p,r,y
highly puntory, and the public sentimen,
in regard to divorces must be- CORRECTED
The first requisite TO an honest divorce {.
an actual dOmicine OF the cOmpa.pi,,
party, for considerable time, within tbs
jurisdiction. The one year required by
Illinois law Is not enough. II invite, i'm.
migration for the purpose OF divorce. The
next requisite Is actual notice % the AZ.
| PENDANT. By copy OF the bill or proof IN
the satisfaction OF the court thl, 1.,o,
her residence cannot be ascertained Tbi.
would cut of large part OF all the fraud.
ulent divorces, rendered upon notice BIZ
publication ia q newspaper Sui. more
important Is II that all third parties inter.
ested in the suit, the children and the pub.
| lie, should be- made parties, aud be- repre-
,ented by counsel. Not only is a divorce
suit the only one In which both the orliB.
ary parties may be colluding @ procure
the same decree. bat II Is the only Que In
which parties directly and often the NOS,
deeply interested. like those mentioned.
are never made parties. To correct th.,
evil, there should be appointed f1r the
children a guardian al Item. and il should
| be made condition 10 the commrncemen,
NJ divorce suit, that, unless cXonerateI
| from IL by special order OF the court. the
the comp. aiming party should deposit with
| the clerk reasonable Zee Tor such guardian
aud that the guardian should Boz required
10 make careful inquiry. and 10 possible
AMI Just, an actual defense In the case. A
similar regulation should exist a, 20 Che
public, save that the States attorney should
be required 20 appear aud defend al. sl.,,
| for divorce.
So much touching the notice and defense
| Beside these changes, these should boo one
| IN the consequences OF DEGREES OF divorce
10 the offending parties. To PERM, both
divorced parties u marry again O., 20 place
premium upon the commission OF the "
lenses by law made the grounds Of divorce.
| II that WAS true in New York, where 10
marriage j. permitted % the or.ul.ug
| party, how much more likely is 10 % be- -
where, as in Illinois, both parties may
marry again. In one case, at least 10 ,h'
experience Of the writer, that specie, "
fraud was committed. In cases Of de,rr.
ton, Ii should be provided that, n the
| complainant be a wife, the court should
have power TO grant the divorce or, a, leT
option, To continue the case % await l.r
application for q requistion % compel her
husband % return and resume The per.
Torrance OF his marital duties. Upon a.
undertaking 10 do so, he might be charged
upon reasonable conditions a. 10 future
good conduct; or, upon his refusal. Do
might be ordered TO be committed % prs
on, IL IL should appear that he had absent.
ed himself from her without reasonas.,
cause aud against her will. That thi'
scheme OF legislation would involve A Fed
eral enactment authorizing acquisitions ID
| such cases, constitutes no objection % 3
| One who has lost a watch worth hfteen OF
racy way she has quick insight into a.
twenty dollars, by theft, In Maine, may SCI
in motion the formidable machinery OF Stat
and Federal law, and drag the thief bac.
10 that State from the remotest corner o.
| Oregon. Why should the wretch who hA,
| left his helpless wife and children, Ia the
same State OF Maine, and "gone West .,
grow up with the country" and anothel
wife, not be dragged back from Oregon q.
| well? IL IL be that theft Is a crime, AM
| that the desertion of ones family Is
mere social wrong, then let the wrong, >.
infinitely surprising the crime In its mean
ness and In the misery IL entails, be re-
classified, or definition be given 70 crime
which shall embrace 1t. Doubtless 4 Fell
eral statute upon that subject ought b b,
supplemented by others regulating The
whole subject OF marriage and divorce,
now, under the varying statutary reguia
tons OF the States, the despair OF courts
and publicists aud the opprobrIum Of th,
law.
Finally, the most effective remedy wi.
be the elevation OF public sentiment 10 re-
gard 20 the sanctity OF marriage; not sane
tity in the ecclesiastical sense, which
makes OF it a sacrament, but in that Of the
highest social obligation that can bind the
conscience OF man OF honor aud honesty
the obligation 10 keep the faith he
pledged in marriage to his wife and to the
State, and which he renews upon the birth
OF each Of his children, 10 abide with hel
until death, unless separated by law for
strictly necessary causes.