New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-06-23
MARRIAGE AND DIVORCE.

To the Editor Of The Tribune
SIR: Referring to the published report oil an
address by the Hon. Noah Davis before tho
Century Club in your ssue OF April 10, "oulu H"o
+, prepose some Questions and suggest some relneoeS
r. the lecturer incines to religious view OF the SUD
,ect NJ divorce must he not accept the whole Wow or
ropa This in particular: Jesus said, Moses, because
NJ the hardness of your hearts suffered you to put away
your wives; but from the beginning 1t was not So
law should therefore be devised from the reIsou'
standpoint which would circumference divorce o"t'y
si,nlv nupisbips marital inndeity. From the legal
s+,ndnoInt again. why should We add moro conpilcl-
t,ons still TO an already complicated system OF marriage
AMI divorce lr-s I'm the lax marriage laws for exam
nIe OF simple cohabltaon Introduction as husoahu
and wife without license ceremony or record Oh
marriage there is often more difficulty 10 prove MAT
riare even than to acquire divorce. Inc consequence Vi
such arity Is that parties TO divorce iare enco'5cu
to perpetrate act, which Head to divorce. Inc
marriage laws are thus themselves the first prihci-
pie to systematic; ana divorce becomes an uncertain
uction un the proper system OF marriage laws Is de-
yiscd and enforced.
Now what is the proper marriage Law IL Is certainty
a law which renders marriage Of immediate ana per-
etul record and simple in its nature or ceremony
-uch law uniform in itsismpcity and unoDecI'oh'o''
n all religions, would seem best fulfilled in civil CON
tract If marriage subscribed TO before notary pubic
with witnesses, and deposited by the notary public WIN
the clerk Of the city town Religious scct'' OF or'd
l,tiops requiring specific marriage soIemhte9' Won"
find mo nprdiment in this civil requirement III con-
octon with their rites and marriage should be legal
rittit Marriage itsoLf would become thence largely
corrective "A fewer divorces would follow whore the
marriage was OF record aud binding; for parties Of I'M
,,reep,oDt would naturally hesitate tOmarry and
rho stage Of divorce be less o ten reaclel. HyHum3
marriages BENG us contracted the punishment "ulu u'
f,r t,.fiurV well Tor uitt'u OF lhc AldI
tr,,t vhirh asain would restrain that laNy Oi mOfa'
vIjcn uoN leaf, To such frequent divorces: -,
~ PROVISIONS p'l- 'H' 'l'i w
the legislature thet" Is one amehHhr, az 49, !"
,sreat uecpssty-to wit: making any second marriage
noyry.r contracted while the hr,t Il IN Iotce ceI'
many which prov sion would he vast HHpioNcn'Ilt
Iunr The present anb rIOuS statutes FOE me pI'9'i
minister etc.. which may or may not be followed I'D con
+rtiuy mlrY IRE. RI folio we'd, such ceremony .rrou
lime undergone is llHmy II not followed. the criminal
courts hold that . second subsequent marriage Oh HlIV
legal marriage, blackil1l 9It tl''' Is oI
higluv. because OF not being q ccremonN IL IoIoW'
that the statutes should make the stated ceremony OF inc
urr-.ut .L.rd Statutes the only ntrftEe or lih' aug
i,,rr,a, ceremony This also would largely prevent
the CONFEDERATION OF with plural wives ana uucu uc-
ccnti,u nv persons nor really intending marriage.
Rrslrdug divorce. some specific marriage cei'hi(}Il,
hIyIiIg bran provided the acNt essential would De ihat
lu.foruitv OF laws throughout the rlte' "hcH ""u
render bisamy easily proven. when, WIN opred
fupi.luuant for adultery IN aNNlOul sirEihli IA
yorcc would become subject su'tcpuo!o % c''''''"
Would If therefore be inappropriate to suggest that the
Uo, Cniaf Justice vita hl, tram o. distinguished rs
.o,tc- should be invited To propose more pttc pan
the rate of NeW-No than prevails at present WIrh we
ma the readily entertain the questions OF "Norce
ari .ug from such purified mono@amlc ln~tthuohS
I'm view of the admirable spirit Of reform prevailing al
Nb1uv mo- ucro more opportuuc than the present time
would seem To offer itself CHARLES STUART NELLEe'
Ncc YORK, June = 1854. 3j6 West Forty-serentL-st.