New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-07

Thb want of uniformity in the divorce laws OF the
several States is a serious and growing evil, dis
graceful to the civilization and intelligence Oh our
country and sadly injurious to its morality. Ihere
is but one eectual remedy tor this evil and that Is
by so amending the Constitution OF the InIleu
States as 70 confer on Congress to enact UNI
form laws on the subject Of such divorces to operate
equally in all the States and Territories lhere are
abundant reasons for this change growing ont OF
the constant interchange OF population eauseu Dt
our widespread facilities OF travel; the effect oil
divorce laws upon the status of children the III
cessaut frauds practised IN resorting to distant
States forthe purpose Of obtaining divorces with
out the knowledge OF innocent parties the Invalid
ity of guch divorces in other States and their VA
lidity whsre obtained 50 that the same person may
havs wives or husbands IN different States legiti-
mate in one and Legitimate in the other, produc-
iny painful questions touching the legitimacy Oh
children affecting the right OF inheritance or sue
cession OF innocent offspring, in lands aud other
property and the rights of dover of Injured women
@These are but samples of the many reasons that
make our laws Of divorce matters OF National I'M
portance Now Congress has no power to touch
the subject in the several States. Inc III
sert,ou OF n single word in the section enumer-
ating the powers Of Congress would lead
to most valuable reform. In our own Stato
absolute divorce is limited to n single grounu'
Rot there ia n shocking lack of safeguards in ad-
ministering and enforcing the law. The offending
party is forbidden by statute and by the Judgment
of divorc, frum remarryIng during the lifetime of
the injured party under certain prescribed cir
cumstancss, TO remarry within the State Is fell
opv punishable by State Prison. II has just been
adiudged TO DO bIgamY by the Court of Appeals. Yet
a criminal party 80 divorced can Immediately resort
10 another State or country and there marry tne
vsrsou with whom the offence was committed ana
ot once return to this State in lawful WedlOck
This also has Just been adiudged by tho Same
court and is now the law even In case whero IL 10
shown that the parties lett the State for the sole
PURPOSE of marrying and Immediately returned
here 10 reside. This condition OF the law Is mon
strous; 1t should be made "a crime TO go out OF tie
State with such an intent or TO return to II after
the intent Is contaminated. The ease with which
tins abuse is now committed renders all the re-
stralnt of our statutes and Judgments mere farce
The total abolition of such restraints would Ds
offering a premium on divorce. Leave 10 Doth
parties to TemaTry Instantly would IN many IN
stancps promote adultery for the mere purpose OF
speedy marriage with another. THIS would talnt
the morality of homogeneous MARRIAGES more ueePiy
than now. The Legislature has iatoly changed lib
law by all owing tho gulty party to rematIy after
five wears by consent of tho court on showing that
his conduct has been 9norRy gTon , nee s wv
fully married IN jersey City instantly alter ms
dIy6rre ON the shore end of Now-Jersey ierryboat
and retnrn in lawful wedlUck on the same boat, he
viii hardly put his right to remaTy to the test OF
his own good conduct for five years.
Bat "A greater evil than this grows put OF tho
frauds and misconduct of the persons khgwu as d.
yorce LAWYERS These wretches aie supposed % be
members of the oar They hold themselves out to
the pubiic AS SUCH but in cases IN which they
have been summoned 10 show cause why they
sboud not be disbarfed IL has turned out that they
are not members Of tho bar and OF course not sub
iects for dIsbarment. Tho law should make the ad-
yerislng of divorces made easy 10y such tascais or
by any one hig crime. For the most part thor
pretended divorces are obtained la O,hcr states.
They are careful not 20 appear 10 OUT courts some
times the Judgments they profess TO obtain from
otbsT rnurts are wholly forgerie, and sometimes
real judgments are got by false personauons or
other frauds ana perjnres Great care - taken To
eyade our general criminal laws. What II needed
Is a special enactment 70 punish eyory step. from
the iutiatOry advertisement for business u the
termination OF the pretended divorce, aSa felony.
Sometimes the cOurts have been iuCautfous IN pro
csedings for divorce and have been dccc we'd. nut
Of late wears great pans have been taken to pre-
vent frauds and 10 permit Judgments only IN clearly
proven cases.
Bnt the courts cannot make law they can only
declare and administer 10 they find it 10 exist.
The remedy Is with our State Legislature, or what
would be EtIl better. with the people OF tho whole
country who niay take measures To have Uniform
laws enacted by Congress TO relieve themselves
from tho evil OF conflicting state laws relating TO
absolute divorces and thus restrain the food OF Inn
moraties which are degrading aud ssnsiblY impair
ing the sacrsdness OF tho marriage relation, Oh
which 50 largely rests the good order OF society"