The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-30
Are Nou Married?


Yes, of course. But are youlegally mar,
riedY Is your marriage valid?
These are blunt questions.
They may seem absurd. They may seem
startling. Absurd they are not. Startling
they may well be.
Look at the picture on another page Of
today's Herald, II is a story of the deplo-
rable conflict aud uncertainty OF the laws
affecting the most sacred Of ties. II shows
how the very questions we have put may
be brought home TO very many house
holds Strange cases have been steadily
flowing into the courts. They must con.
tinue TO arise while people wed and the
law goes unchanged.
A man and woman agree TO unite them.
selves in wedlock. There Is no ceremony,
no minister or magistrate, no witness.
Only a simple agreement. They assume
they are lawful husband and wife. In one
State they are. In another they are not.
Perchance the man may repudidate the
woman and marry another. In one State
the second marriage would make him n
husband; in another bigamist. In one
the second woman would be- u wife: in the
other the wronged partner OF iclon.
Two wives obtain divorces from their
husbands in New York. The law saws
neither of the men shall marry another
wife. One marries again In this State lie
is sent TO Sing Sing for bipamy. The sup.
posed wife becomes disuraced cast oil.
Tho other crosses over 10 Jersey CITY and
gets married. The marriage is valid, the
man u lawful husband, the woman law.
iul wife.
Relatives unite in wedlock. Are they
lawfully married. In ono State they are.
In another they are not
A man divorced from his wife In
another state or country comes 20 New
York aud marries again. il this marriage
valid2 Is the woman lawful wiic2
Doubtful. The ACKNOWLEDGEMENTS
wedding il noted ease In point They
were remarked In England.
The fact thatthese graydeyils are not only
possible but too common, points 10 one OF
the slrangcst omissions, one OF the most
glarlng defects OF the American constitu-
ton. The frmcs OF that instrument
were circiul TO empower Congress 10 pass
uniform laws relating 10 money. mails.
CONNIE CO. tankrupicr igaizition.
patents, copyrights, asi. .aug other
things.
They overlooked matter OF Car greater
importance. the family relations Of the
people, matter that Affects the marital
obligations OF husband and father, the
honor Of wife and mother, the good name
OF children, the Happiness oi domestic life
"a matter which, in short, touches the
very foundation Of our social institutions.
Tho result Is fifty systems Of marriage
aud divorce lot one country, one people.
Tho various State aud Territorial laws, be-
ing entirely independent OF one another.
are naturally unlike and conflicting. They
range from extreme 10 extreme. Ia one
State dtz n words mako valid mar.
rage; IN another the most formal
and solemn ceremonies are essen.
iinl. Tho agc Of legal consent
differs In different States. In some
marriage within certain degrees Of consan.
guinily y prohibited, In Others Il IA al.
lowed. Here man aud wife can be- legally
sundcred for one cause alone; there III.
yorce may be- obtained on any one Of a
dozen complaints. In some parts Of the
country divorced defendants are forbidden
TO rcmarfy; In others they are free 10
marry again.
In any State the law may be different
today from what Il was yesterday In all
theio Is doubt ~ 10 what the law is
painful uncertainty in many cases as 10
the marital status 81 married. people.
IL Is q subject Of vast and growing I'm.
porianco that may well siir public spirited
men 10 action.