Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-06-09

sufficient in all, if we except California,
where the contract system, we submit, is
not credit to our community. Marriage
is a relation of too much importance to
society, and affects too intimately our ad-
vance as a nation, and our stability as q
people, not to be guarded by legal restric.
tions which should be such that all 1T to
marry may find them no heavy burden,
and no restraint of proper marriage. Ger
taiply as much solemnity should attach to
the marriage contract, as Mr. Stewart sug.
gests, as to the transfer Of. realty and such
execution and registration of deeds Of con.
veyance as to secure the passage of valid
title Whatever the religious faith and
belief relative to marriage, the law should
uniformly require conformity with its pro-
visions regarding the Authorization Of mar
riages. As to divorce, in some States the
laws are too rigid, in Others too lax, and one
of the crying evils Of the day. ana one Of
the strongest arguments for uniform sys.
tenn is found in the ease with which par.
ties desiring marriage bonds severed,
may avoid the rigid laws of the one State
and fee for relief to the lax conditions Of
another State. Then arise the cases in
which some States decline to recognize de-
orees of divorce granted and the marriages
performed in other StAtes, so that it comes
about, one may be legally married in
California but liable to criminal proseeu-
ton il he passes into the State of New
York. Mr.. Stewart. in referring to causes
for divorce, goes so far as to cay that in
some States not sufficient causes are recog.
nized, while in others there is any cause that
q Disconnected and dishonest party may
allege, or that a Judge in his discretion, in.
fuenced by sympathy or corrupt motives,
may approve. In these extremes Of the
law, we have the tyranny of bigotry and
the liberty of license. He believes there
is happy medium to be attained by which
the vicious viii be restrained, the innocent
and injured protected, and the guilty pun
ished.
Uniformity in marriage and divorce laws
alone, will bring about that desirable con
dition, for Of course when uniformity is
aimed Of, the higher standards will be the
accepted guides, and in the process Of evo-
luton the very highest will, in time, pre-
vail Mr. Stewart believes that Congress
may, and should now establish uniform
rules Of marriage and divorce throughout
the United States, and assuming that it
has the authority, he is undoubtedly cor
rect in advising its exercise. He holds
that the marriage contract is of that kind
within the meaning of the Constitution
which declares that "no State shall pass
any law impairing the obligation of con-
tracts" Where both parties are domiciled
in the same State, he would leave them
subject to the laws of that State, but when
they become citizens of " different States, "
for the purpose of divorce, it should re-
quire the suit to be brought IN the United
States Courts. In this respect his advice
is without point. The purpose for
which one changes his State citizenship
can nsver be established, nor would It
make any difference if by reason Of the
proper residence the party has acquired
the right to be heard IN the State Court.
There is force in his suggestion that the
States do not observe that provision de.
olsring that fun faith and credit shall
be given in each State to the public acts,
records and Judicial proceedings in every
other State 1t is notorious that as to di.
voroe proceedings the States do not main.
tain this reciprocal relation. Mr.. Stewart
becomes silly when he suggests thss under
the provision giving Congress power to
establish laws on the subject of "bank-
ruptcies, it might consider the bankruptcy
of home and fortune through the act Of
faithless husband or wife, and his semi
humorous presentation of that view does
not lessen its puerility.
There is on the other hand food for
thought in his proposition that Congress
appoint Commission to prepare system
Of marriage and divorce laws for the Ter
ritories. To this Commission he would
have Congress invite each State TO send
delegate. When the code is prepared and
adopted by Congress, it should ask the
States to adopt it for their own jurisdic.
tions. But this appears to US to be a very
roundabout method; direct proposition
to amend the Constitution is preferable, if
the evil of ununiformity, and which is ex.
ceedingly grave, can be corrected in no
other way, and at this time it does not ap-
pear that it can be, except possibly after
long lapse Of time and century Of dis
cussion.