The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-08
THE INDIANAPOLIS JOURNAL
MARRIAGE AND DIVORCE.

and vastly important question of the rela-
tionship of divorce and marriage still re-
mains uusolved. The wisdom of centuries
has not yet devised plan that meets all the
requirements of society and of home and its
inmates. The difficulty of adjusting these
things arises from the conflicting interests
involved The welfare of the State, or of So
ciety in general, demands that the homes of
which it is made up be conserved against all
destructive and disintegrating agencies A
law could be written that would be infexible,
and that would compel the maintenance of
marriage relations when once assumed. There
are those who believe in the establishment of
such statute. The Catholic Church, as an
organized religious body, recognizes no di-
vorce whatever. Following the Scriptural
doctrine that man and woman married are
absolutely one flesh, the Vatican knows no
dissolution of this unity, except death. So
sacred is the pledge of marriage regarded
by that church that no matter how much
cruelty and wrong and suffering may
be Systematically inflicted by the one and
undeservedy borne by the other, the tie is
absolutely indissoluble by any human
agency. But some of the wisest lawmakers
of all times have been of the opinion that
certain grounds must be had where divorce
must obtain. There is limit beyond
which injustice, cruelty, and mental and
physical suffering cannot longer be endured
by innocent parties to such contracts and
should not be expected by the state. There
are some things, they argue, which so far
distort the marriage relation as to defeat its
intent The possibility of pleasure and Of
pain finds in marriage its fullest scope. fit
be harmonious and entire. its joys sweep
the diapason of human melody; but, if the
chord of mutual love be untuned or broken,
the world is all awry, and dscord is inevita-
Bile.
There is danger, too, that in compelling a
perfunctory observance of marriage, the
party so restrained will be driven into secret
and work even greater harm to the morals
aud to the peace of society than would
the granting of divorce. Justice
Barrett, of the New York Supreme Court, in
a recent interview gave utterance to some
very sensible, and for that reason valuable,
opinions on this subject. He maintains
that divorce cannot intelligently be consid-
cred without first seeing to it that our mar
rage laws are what they should be. He
pointsout several inconsistencies in those
laws, which go far toward defeating their
purpose and toward making divorce neces-
sary. Marriage is regarded as a civil con-
tract; yet, while it is conceded to be one
of the most serious that can be entered
into, it is the only contract that minor can
make to which he can be held accountable
There are reasons why such a contract, once
made, should be held good, even though
entered into by minor. But it is not i'm
possible that laws may be framed to prevent
such contracts. According to the New York
statutes, so soon as a boy and girl have
arrived at the age of fourteen years, they
may enter into this most important of all
contracts without any restraint or conditions,
and it is perpetually binding upon them
Now, while the law allows immature iudg-
ment to make contracts only in one direc-
ton, it furnishes no honorable relief
if a mistake is discovered and the
union can be but perpetual unhappiness.
Manifestly if such contracts are permitted
to minors, they should be surrounded with
some qualifying restraints We might do as
is done in France. If young persons under
age desire to marry there, and have no pa
rents, or are unable to obtain their parents
or guardians consent they may go before a
contain court and state their case, which
will be inquired into They are then sent
away for a specified length of time Upon
their return they are again Intercepted
and again sent away, that opportunity may
be given for the parents to deliberate, the
parties to become better acquainted, or the
facts to be more fully disclosed. Upon their
third coming, if no valid objection APP
pears, they are given permission by the
court to marry. Thus such young persons
are protected against the possible injustice of
unreasonable parents and at the same time
saved from hasty or foolish marriages.
Judge Barrett calls attention to another
Inconsistency, in that while the. statutes of
his State recognize marriage as a civil con-
.ract its annu!ment is placed solely on one