Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-19
THE EFFECT OF TWO WORDS.

The divorce question is growing upon
the country in its Importance. 1t is not to
be ignored. The loose and inconsistent
laws of the several States are contributing
to an evil ofincreasing moment. Under our
system of non-uniformity man may law
fully have two or more wives in the Re
public his children be legitimate in one
place and bastards in another These
laws, and the effects manifest by their
operation, cheaper the marriage relation,
render its dissolution matter of mere con-
venience, legalize species Of polygamy
and make it possible for decree of di-
vorce to be entered without the knowledge
or consent of either party to it. 1t is not
needed that we should dwell upon the in
eyitable consequences Of such 4 system
upon society, and the nation, which is
wholly dependent upon the social super
structure. They are apparent to every intel
ligence. That the divorce question con-
tinues to broaden and deepen, and to engage
more and more thoughtful consideration
is a hopeful, nay, a most encouraging sign.
Recently, in New York city, that brilliant
society association, the Century Club, had
the subject before it, and on that occasion
Chief Justice Noah Davis, the eminent
urist, read paper on the topic. Judge
Davis has made divorce reform the
missionary work of the remainder Of
his life, and the yigor with which he
is prosecuting it gives hope for much early
progress. 1t is not the intention now to
refer to the brilliant address of Judge
Davis, with its startling array of facts,
The present purpose is to call attention to
his plan of reform. 1t involves the Use of
but two words, and their Interpolation in
the fourth subdivision of Section s, Article
|. of the Constitution of the United States,
shown by italics, as follows: Congress
shall have power to establish a uniform
rule of naturalization and uniform laws
on the subject of bankruptcies and dicorce
throughout the United States"
We have heretofore entertained some
doubt as to the wisdom of any such amend
ment, and have preferred an effort to bring
about uniformity by consent Of all the
States, gained in a consulting convention.
But after long and serious examination Of
the whole subject, and after noting the
unwillingness of some States to take up
the matter in the proper spirit, we are con-
WINGED that Judge Davis plan is the bet
ter, speedier, safer, and altogether more
feasible. There Is, and can be- but one OBJ
lection raised TO it, and that is the old,
timid plea of Capitalization" But
that to which the requisite number
of States gives consent cannot be thus
demonstrated If bankruptcy laws and the
methods of receiving new citizens should
be uniform, how much more should those
laws be uniform that affect the most sacred
of human compacts and relations? Is not
uniformity of marriage and divorce laws
one of the-very things in which central
ization"-so called-:s needed ? Do We
not by difiuseness now run to the extreme
of looseness? After all what does such CEN
trailzation mean but strength and perma-
nency? In whom is power centralized?
In no governing class, certainly, but in the
people. 1t is therefore nothing added,
nothing gained; the people grant it to
themselves; it is therefore simply rea-
sonable method to a good end. 1t is no
surrendering right, but the surrounding
of rights with stronger guards. We are
the people we intermarry without any
regard to State bound, or Jurisdictions
marriage in one State is held binding in all
others The marital relation Is, in all the
States, held equally sacred. Why then
should there not he sucn uniformity re-
garding the dissolution Of marriage bonds
that fraud shall be rendered all but impos-
sible, immortality be checked, the marriage
tie be more sacredly respected, and judy
mcnts dissolving it be universally binding
and everywhere throughout the country
accepted? Certainly the best way of ac-
complshing these desirable ends is to
adopt Chief Justice Davis proposition and
put the two words into the Constitution Of
the United States.