New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-25
AN OUTSPOKEN JUDGE.
.rUSr1CE RARRETT on DIYOROE.
PLAIN WORDS on MARRIAGE AS A CIVIL
CONTRACT AND AS A SACRAMENT.


the most scrruous and watchfu of the judges III MS
scrutiny OF evidence in divorce cases But ahoheh h
Is 80 careful to that the present marriage anu
laws of this state Observed he believes that III many
respects they should be changed or modined Inc aen
on which he has given for years to the study OF inc
subject lends especial interest 10 Tue views he
ono dav last week. lie said:
at necessary deeper than the mere question OF
divorce We must begin at the bottom ana see 10 IL HIS
that our marriage Rre what they should De- ION
slider what they now Marriage, we say isa civil
| contract Well nowhere can minor enter into any
ther contract that will bind him to the extent OF six
noncc Ru os soon as boy and girl have arrived ~ tue
age of fourteen years, the law allows them to enter INTO
this most important OF all contracts, without any re-
strant or conditions and makes 1t perpeualy bndhS
upon them II they discover their mistake anu hhu 'na'
a continuance of their union means perpetual unhapp-
No. t,cro "a M honorable relief for either OF them.
tantc WAS uasscd by the Legislature OF this state In
1890 making seventeen years the earliest age OF mar
rage But within three months after II became law
was reneaed showing that the disposition OF the people
was against such restraints. BIT why should the mar
riaccs NJ persons OF such immature years he authorized
without any limitations do not think that persons
udor tvcnyonc years of age should he permitted to
marry except with the consent OF their parents guard
ans or il they have none, with the consent OF proper
tribunal We might do as Is done III FRANCE IL young
pcrsons under age desire to marry there and have no
parents or are unable to obtain their parents or gard
ops, consent they may go before certain court and
state their case which will be inquired into They are
then sent away for a certain length OF Time upon thcH
return they again Intercepted ana again sent away
that opportunity may be given for the parents To dfper
ate the parties become better acquainted or the facts
to be more fully disclosed Upon their trd coming If no
vod affection appears they given permission by the
Cout 10 marry Thus such young persons are protected
against the possible injustice OF unreasonable parents
and az the same time saved from haSiy or foolish mar
rages The danger Of such marriages Is particularly
great I'm this country where much freedom Il allowed
I'm the communication and social Intercourse between
the vounq of the two sexes The natural result Is the
forming OF early attachments that frequently lead To Ill
considered and unfortunate unions Not That such nee
dom OF intercourse Is to be condemned or abridged II
the natural Outgrowth OF the institutions OF this country
and probably is healthy indication. At all events III
part of the problem which shall have TO work out IN
America But we can and should limit and restrict the
making OF the only contract the part Of minors which
our laws allow to he bindiI upon them
MARRIAGE WITHOUT CEREMONY OUGHT 10 HE
ABoLI. uED.
But not only the marriages Of those who legally are
infants but all marriages, should be required To be-
entered into with more Formally and socmny than l.
necessary at present time - Far Is the idea OF the
civil contract I'm marriages carried. under our laws that
no ceremony whatever i essential. 4 man aud woman
sitting together In n ROOM WITH no witness present agree
TO take cao husband and wifi" and fterward
they live together and pass before their ncgbos as
such- that il marriage with II the woman should
affirm the making Of such marriage contract and tho
man should deny IT, II would then Ice purely question al
fact and his presenting her 10 the world as MS WIG might
he sufficient evidence to establish the marriage. be
lieye that th, system OF marriage without ceremony
,houd hc abolished; marriages, whether Of minor, or
admits to be valid should he required 10 DC made before
authorized persons whether priests or magistrates. II
propcr measures taken Ia regard TO marriage laws
believe that the chief difficulties Of the divorce question
would disappear.
"But marriage and divorce should be considered TO
gcthcr and the laws in relation 10 them made harmonious
and homogeneous The chief trouble heretofore has
been that they had been considered independent prob
lens would lie in favor Of the Legislature appointing
commission OF scientists OF such other persons
"a might seem beso take the whole subject into careful
consideration with the purpose "a reduce our laws to
scientific and Homogeneous condition But one Of two
positions would have 10 be taken bodly-chor that
marriage aud divorce laws should bo based throughout
upon the sacamcnta idea should be based throughout
upon the civil idea We call marriage ciyi contract
and We permit it to entered into informally any
contract that can be named But when We come To -
dissolution Of the contract ~ mIrraIG-diyOrccwc say
that II shall only be- for cause Nhyi Not because
n civil contract II Is not just rs absolutely violated by
other acts: but BECAUSE ~ say. the law Of God has
laid down that the only ground for divorce
I'm other words, when We looking az tho marriage II
self consider Il ciy contract; when we are looking
at the dissolution of IT, consider II sacrament We
should be consistent II the laws 10 regard mar
mage the light of religion and as sacrament then Ill
vorco Is properly considered in tho same aspect.
But II marriage solely and simply civil contract IN
the eye Of law. then should 50 regard 1t when we
make laws for It's dissolution.
do not to say that legislation Is coufcsSclly
based I'm the matter divorce upon the religious sac
rancntal dca but such IS undoubtedly it, spirit IL Is
that idea which nnnates the legislator when hc rcpcls
any attempt 10 modify tho existing statues. For eT-
ample, man has again and again beaten hiH VIC hTht
ally Why does not that constitute an nfTacton OF the
civil contract 0f marriage clearly ~ though he had
committed aducryi Tie only answer Is that which
emanates from the Church. speaking under the authority
OF the New Tcstamcntin other words the answer which
treats marriage n sacrament and not rs c'il con
tract And so OF cach the Hound,fo divorce 1c'sa
ri M0rO under present laws Looking at marriage a.
cyil contract. every ~ these causes for limited
divorce might fairly be- considered by the lcRshor when
the question Is uwhat proper grounds for absolute
should be done away with. what monstrous system 1t
Isl TO what immortality must it lead. Take the case Of
tbc wife who has been brtaly beaten by her husband.
She gets limited divorce and the man ana woman are
legally separated although sim husband and wife Not
even the innocent woman can thl'r mo any othrt mar
ragr and ehc Is compelled 10 pass the oSt of her HE
while her husband i,csI without u home without
only the cost Of becoming social oulcas Should she
err IN this direction the guilty husband nt once becomes
tho innocent and injured Elaintin IN AN action Tor IN
absolute divorce. Thus. mo o. repression checrcs+
homeless existence life without love natural tcs
becomes her continuous punishment under our laws for
the original brutality which she received from her hls-
band .
Ion the other hand provisions contained In docreos OF
divorce foiiddng the guilty dccudnls 10 marry again
| are useless, incOngIuOus aud absurd such laws ana
such decree, always easily cNadrd. Make the mis-
conduct which resulted In the divorce criminal offence
II you choose aud punish IL such; but do not cnlon
person whom ny dccrcc you have unmarried from
marrying again However guilty ho or she may be- you
have dissolved the marriage contract, and when that
dissolved both parties are necessarily single again Ih
4, the oc the situation. and every attempt 10 punish
by what may bc called Acknowledgement must Ia tho
nature OF things result In scandAlJus cyasiOns lOu
NAV punish the crime directly but you cannot repre7s
human nature. DEGREES prohibiting marriage by tho
conyricd defendant st generally eyadcd before
the recent decisions In the Court Of Appeals SnOc and
such provisions, regret 10 say, always will be.
n-SAN