The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-08

religious ground, that of adultery. He
argues, with good show of reason, that if we
admit one ground for divorce
we concede others. 1t will be
riage as civil contract and the enforce
ment of its observance as measure for the
protection of society, while still affording
justice to the parties most intimately inter-
ested, that there are other reasons more po-
tent for evil and more productive of unhap-
piness than is the commission of this sin.
To tear down the walls of home for this one
species of marital infidelity, and to rigidly
keep them intact despite all others, leads to
an absurdity, if the welfare of the inmates
is concerned or the demands of society taken
into consideration. Judge Barrett presents
good argument when he says;
CAS- matter of fact, the deed which con-
stitutes cause for absolute divorce may not
exert nearly so direct or harmful an effect
upon the home life, so far as the children
are concerned, as the conduct for which only
a separation is permitted. Adultery is like
ly to be committed secretly, and kept from
the knowledge of children. But cruelty,
hatred and scorn on the part of the parents
toward each other are continually present
before the children and working direct mis-
chief with them. And SO | say, that. wheth-
er consciously or not, the legislator is guid-
ed entirely by the sacramental view Oh mar
riage, and not by regard for the welfare of
society, in making laws allowing divorce
only on the ground of infidelity."
Attention is also called to limited divorce,
which the Judge denouces as a monstrous
system, and exposes its inevitable effect as
follows:
'Take the case of the wife who has been
brutally beaten by her husband. She gets
limited divorce and the man and woman are
legally separated, although still husband and
wife. Not even the innocent woman can
enter into any other marriage, and she is
compelled to pass the rest of her life (while
her husband lives) without home, without
husband or a lovers devotion. Or she OBJ
tains these only at the cost of becoming
social outcast. Should she err in this direc-
ton, the guilty husband at once becomes
the innocent and Injured plaintiff in an ac-
ton for an absolute divorce. Thus, life of
repression, cheerless homeless existence,
life without love or natural ties becomes her
continuous punishment under our laws for
the original brutality which she received
from her husband"
In like manner provisions contained in
DEGREES of divorce forbidding the guilty de-
PENDANTS to marry again are useless, incon-
gruous and absurd. When the marriage con-
tract is dissolved, both parties are necessa-
rily single That is the logic of the situation,
and every attempt to punish by compelling
the offender to live unmarried must, in the
nature of things, result in scandalous eva
sions. Crime may be punished directly, but
human nature cannot be repressed.
Judge Barrett does not argue for greater
freedom in the matter of obtaining divorce,
but takes the view long held by the Journal,
that all laws bearing upon this question
must be based upon common sense and the
experience of years. The issue of marriage
and divorce is of prime importance to civ
ilized society, and laws regulating these
things should be so written as to appeal at
once to the conscience of man and to his in
nate sense of justice. Religious tradition
should not exert an arbitrary influence that
has been found harmful and dangerous.
Marriage should be hedged about with the
most sacred respect. 1t should be entered
into only with the most profound apprecia-
ton of its obligations. and divorce should
not be granted on frivolous pretexts. 1t is
apparent, too, that concert of action be-
tween the several States must be
had in this matter. Without that, as has long
been apparent, the wisest and best remedies
yet devised are defeated by the evasions
afforded by statutes in contiguous States.
The federal government is helpless in this,
and it is left for the States to unite wisdom
in meeting the demands so long apparent
and so long neglected. A commission might
be appointed to formulate statutes that will
harmonic between the States, and then the
several Legislatures must be appealed to
through the people to make practical the re-
forms suggested.
ANNA DICKINSON.