New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-16
MARRIAGE AND DIVORCE.
AN ADDRESS BY CHIEF JUSTICE DAVIS.
THE SUBJECT DISCUSSED IN THE NINETEENTH
CENTURY CLUB.


the halls Marriage and Divorce" was the topic OF dis
euson and the speakers chosen rs to represent
all shades OF opinion on the subject. The principal ad-
dress delivered by Chief Justice Noah DAVIS, VINO
was introduced by Mr.. Palmer He began by sayingi
At the first recorded marriage there was no interyevsr
no Jenkins aud yet that nupual ceremony 19s r. "
ceved such report only the genius OF poetry cod ldd
10 the chaste beauty OF the Bible.
After quoting at some length from Milton ne con-
tinued:
tons which both Holy writ and Milton put into the
mouth Of Adam the true one; and assume WIlhOuO
discussion that tho marital relation IL sOmel1nS OF
dained Of God and sanctioned and preserved by laws
human and divine. II Is the normal cOnQlI0h OF man
kind and whoever Of either sex, voluntarily ives 9u Oh
that relation with nature and her laws and con-
seQueny with best order OF society Marriage alone
gaaic unity OF civil society and the anchor OF its
good order without marriage there can be no 1aHly
Blot ont the relation OF marriage, eRtrpGte It's oonga
tons and duties conceive possible OF All women TOT
husbandless OF AL forever witeless OF al on
spring forever bastardzed imagine the home the hearth
stone the family circle with all their loves tne ehdar
friendships their lifelong sympathes' their parental
fa and aternal ties their hopes fears and cares OF IN
fancy and youth in Joy health ana ne IN SOTO" s.d
heirshp, OF lineage and name a.. a. S rsrs
turned loose to the pandenonium Of selfish and
ldiscrminate usts and crimes! No Dante could pant
such n hell could it, fires be exngulshed save y
tho SLOW expiring ashes OF universal desolation The
subject Of marriage deeply ntsrwSyen with the pub
lie interest that the state whatever form Of gov
eminent must ~ matter OF selfpreseryatlon take II
into m charge bv PROVISIONS Of laws enacted for it
ro and protection, The question at once suggests IL
secular Institution or as combining both OF these
Eaf1iy' toward the religious side Of the
question love the ceremony OF religious
soennities in marrying and giving IN marriage audit
affords better provision FOR preserving proper evil
deuce the Transaction This latter reason Is OF serious
NAV he porn Of the marriage But IN or country where
no religion does can eXst Is Doubtless wiser
that the state should recognize the form OF marriage as
simple contract which may be entered INTO by pIsus
who free from all legal mental ana p9yscai d'oei
Restriction should be imposed upon the marriage OF
foT-teeI, FOR males Isn5t At or decent for this
country and should be changed to az least fifteen ana
ofIssue or the claims party after the death OF the
other are in controversy that tue present re OF iarfS
| marriage from circumstances alone should prevail
! EVILS OF DIVORCE.
There seems 70 be no great good In this world without
some antagoulzng evil Every Eden has it, serpent,
and maria ge exception. for over against II stands
/ d., anupodal foe. divorce. The state, society,
! good government. good order. and all their
essential blessings are from the nece3siJles
OF ther nature hostile 70 divorce II dsntegrates and
destroys the condition Of things out o. Wuich tAse sf x
.ud grow their suprem'st beauty an1 Strength ~ j.
society that IS most dc.plv Interested IN the existence
and oluuauce oI the family, and marriage a FOUNDER
s1 r society that is most deep wounded when divorce
isrlpt and terminates this condition OF me- because 10
/ open it7 privacy. dl-hohors its parent Se shahe7
it, Childhood. anu arrests tee o4y Pun, I.' w.
te subject the Interests Of society are parlmeun{ hose
ngu1n Tie marrag re relation tue parties CONTRACT On
society respect and perform all tho functions am di-
t D ta4t relation Ae welfare OF society 90 SET uD
t. srv. 10 create lineage and rear t to good zen-
ship Tor service ID war or Ia Peaee oieg 10 ia
without tha ~ the state. Herein lie. the taicy
OF tne notions OF -om' o, tne modern advocates Oh rec
and cl-v divorce. They nOre the supreme CONDITIONS aud
purpose ~ ami elevate the ndly ililY OF tue
us- no new idea. 10 has always been the central idea
o Harbarsu II Is the cuminauugth0ugnt oi the harein
From che foundation 10 Las neen me rIr-c ana aeSdt
-fou of womanhoOd making her the slave and man me
master creature for The sIamoie5 DOusnt ana sold ~
tr tc dumb driven cattle. until her voice has come 10
us along arches OK the centuries as Jhe mere eeAo o
i y6a win say Do you argue then forno divorce ."
49, ianely better tnat than the result TO which We
are masiy sweeping in this country; But no. do not
take that stern and stronger ground know tAa5 the
some system Of divorce must be tolerated to protect in
lred Innocence bat should greatly differ from the sy--
| tenn which now pJe'tlls' our present systems gre
| baroar0us and degrading. They have led
TO large increase me P %nT,ia5ss
In some states the ratio has advaDcod from 81 one ia
some -tates the proportion is greater. one great
evil resulting from this state OF thnSS - tnAt tle PUBIC
ONT shock ami without Thought Of injury % public morals
is doubtful DC the marriage rotation IL not oIten
/ OF The chances OF easy divorce. AuO1her and Oy no
| means a less evil Is found IL tle eHect tAe
la. on me growth Of families Children have come 10 DO
often considered obstacles 70 tne procuring oil SEPARATION
anu Tbese evils are fatally Injurious not only
u the morality but also TO every good Interest OF society
Doubtless they prevail most largely Wherever grounds OI
divorce are most numerous III 7oUlA CarOhj no dVOce
eitt-r ieIsative or judicial can be has been
rant rantsd. am greatly mlstniormed II that
AZ 9ci'S not ,T0 P5antain far higher standard
h1n ia states where divorces the chronic msch el
and misery VI domestic life. In the colonial hstoy OF
our own state for than century divorces were
greater In that period than after divorce became law
All precedent shows chat human lfe aud especially
oTo5s Ife rs purer in countries where divorce is not
permitted than in those countries where Is most COM
mon aud II evil must exlztlt Il true pQucy 10
are concerned, to the single ground OF int
s ne wife alone because Of the shadow her wrong may
cast uon the paternity Of offspring; but 70 tns heory
say emplatcaly mo" Botn sexes enter mo relation
ON equal terms both the OF chastity Is the same
Inc breach lies not ia the possible consequence Out ~
wrongful act and 50 the Law TO DO Just muss Do equal
-nu equally enforced
CHANGES NEEDED IN DIVORCE LAWS.
The laws Of procedure in actions Tor divorce ought to
be changed:
Frst-so that no udament could be entered until ap-
pearsd clearly that the suit had been actually pending at
least six months after service Of process.
/ Second-ln all cases the defendant should have the
right 10 insist that tho alleged paramount be brought IN
ard made party 20 the action 80 that tine UNJUST acc
| who are Interested in maintaining Innocence. A.,
ThLd-Inasmuca as society Is dsepy Interested me
-ta,e should oc made party 80 mat u shal Dc aD.e
% prevent the wrongs that one inflicted on the puDHc
aud upon children and upon MH2ceHL persons anu no
lawful representative state has been served with
process and had opportunity Y appear ana resist az
vorct This mode OF serving the rights Ol society ought
20 be carefully secured, and over the question OF the
cost OF securing such protection the courts should nave
| adequate power
After brief inemssion the discussion Of the subject
was continued rst speaker being Daniel q. Ihomp-
SON. OF the Law firm OF Scrne & Thompson who spoke
from radical standpoint. The supreme object 10 be
attained be said, is happy marriage. Divorce Is not
an eyili II Is an attempt 10 remove an evil The mar
L. welded
and not by divorce" Mr.. Thompson de-
cllred that the state could have no adj
vantage in keeping together those who were resolved
/ part Frederick r. CJuiert followed. aud In witty
speech presented the ua-,onseryatvc side " tho que
ton H. admitted the ssitY OF divorce in extreme
cusc lut declared against law permitting remariia 0