The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-19


tus, viz, the right Of every indiyid.
ual to freedom OF action on condition OF
his respecting a similar freedom in others.
| desired more than to see the divorce
laws made equal for the two sexes, more
than any individual improvement in our
legal machinery, to draw attention to the
ideal toward which all reforms ought TO
point; for otherwise our steering would be
rs the steering OF q rudderlCss ship bound
for no particular port, but cruising about
with excellent intentions but with no pur-
pose or plan of action. The principles to-
ward which modern reforms in marriage
ought to point is the frank recognition OF
the equality OF all subjects, male and ie-
male, before the law, and also the recogni-
ton that every member Of the community |
ought to be free TO enter into what con-
tracts he peascs, provided he Injuries no |
other individual and does not Interfere |
with the welfare Ut the community. 1t |
seemed to me better that England should |
rave for awhile about the dreadful things |
which this principle, il suddenly and un-
wisely applied, might undoubtedly in
volvc, than that the principle itself should
be overlooked on the ground that the eX-
ccptions must suffer for the rest OF the
community.
To an imaginative and impulsyc people
one would naturally have used more eau
ton in the presentation OF such prnci-
| pie, but | felt that, whatever might be
| said against the Englishmun, his bitterest
| foe could not accuse him of an ill.regulOted
! Imagination, and so with reasoned reck-
lessness made but slightprotest when the
! "lrtish Matron" let the sun 20 down
upon her wrath, after shouting a war
! whoop TO Mrs. Gruudv. | could scarcely
| expect 10 have quiet time Of il.
But now il may be well to state once
more that there has been lnisunderstand-
ing OF my meaning about free marriage.
| Had | meant q union Intentionally tenn
pOrary should not have used the word
marriage. The State has to choose which
form Of union it will ratily and enforce for
those couples who may apply for lis pro-
tectian, and IL naturally chooses what
must be called the national or the mono
gamic form oi union. We can not ask
State TO register and protect any union
which does not propose 10 be for life, dis
soluble only when the terms OF the con.
tract are broken. II caprice were guarded
against by dcCrccing, rs Mr.. Lowe sug-
gcsls the lapse OF year between the mo-
ticc OF desire fore divorce subject To con-
/
son for believing that the ircc-contract
system, properly managed, would cause
more frequent divorces than now take
place; that is, supposing the social reforms
10 be going on at the same time, condi.
ton necessary 20 the full success OF all lc.
gal improvements.
The plan OF having marriages torminahlo
NJ will In ten, fifteen or twenty years does
not strike me as inherently impossible,
but il has the evil effect Of seeming 10
lower the ideal Oi national monogumy,
and would, think, be- far less salisilc'
tory than making making marriage a life
-, long union dissolublc according 20 the
terms OF the contract. The state would
; have 10 reject certain reasons for divorce
! II they were so trivial as To imply 90
! | inalteniion 10 eyadc the law, and 10 iorm
4. AN intentionally temporary union under
n | the Wgis OF the state. lncOmpatibiity o
/ temper. however, must, ! think, certainly
1 be allowed as reason, II the pair can sat
Il isfy the court that II exists A German
: correspondent tells rs that this cause Il
sufficient In his country, vet we do no
hear that IN Germany there Is n perpctua
diyorcing and TemarTying, a. We are tOlC
o would be the case II such reason hel,
u good here.
= One Of the hardest things ever sal,
: against marriage rs Il stands was said b,
j. some OF my bittorest opponents: I'll,
l. they say, "thcrc were greater liberty Of dl
= vorce the country would swarm with ca
of wives Of over forty" II this bo tru
o what hopeless failure marriage must bC
y II this be true what confession that on
q marriage system Is rotten from the ioundi
y tionl Unions must be indeed unsuitahl,
!; unhappy, III formed aud III ccmentct
i II after 20 many years Of life iogeil
" or swarns Of couples have iailc
re % become dear aud necessary 10 one NJ
=, other. 10 bind the unwilling in hate
" union il not TO secure the sanctity OF maj
~ rage, but liz degradation. However, v
y are told by Americans that by lar III
70 greater number OF applications for divort
u come from women aud not from mel
g therefore this Argument fails 20 rccci'
ls support from experience. Marriage II NJ
uI quite 40 bad ~ its advocates would mai
:! out
We The first step for Ms 10 take, ~ Il seen
w 10 me, Is 10 alter the divorce laws as rad
t' cally ~ public opinion will permit aud
reform the other laws affecting marriage
the same time and In the same degrc
Then. ag soon MS possible smultancOu,
10 ~ " can Ut 70 hllNl ~ Ah"t'N " - ~
uy legal contracts TO the couple 10 choo
-, from. Probably the forthcoming book
y" the subject, a. bc published by Mess
Jas Trubner & Co., will give Us good mod
lid for the purpose Later on would cot
on the entire freedom Of contract -subj'
IN. only 10 the Limitation spccihcd-a
:. tbcrcc gradually the entire redemption
7" marriage aud the dying ont Of pro,ti'
lh' lion. | will close this already ton long ]
in Ter with the endcnvor 10 leave last on
10" minds OF my readers not the rcstriclio
ion and notifications which ! quite ait
Ike are absolutely necessary In applying
ne priuciplo-but the general principle ~
OF ON which the discussion has been raii'
i'm 10 do this will quote from Wilhelm y
in | uumboldtR "ldcas Respecting an
cd; tempt 10 Decide the Limits OF the fu
be- tons Of the State written IN IL
Tor "a union 10 closely allied "
rats the very nature Of the respect
~ individuals must be attended with
like most hurliul consequences when the NJ
hal attempts to regulate II by law, or, thro'
ell. the force oi H. institutions, 90 make u
ccd pose on anything except simple inrll
on lion, The radical error seems 10 bc
i 10 the law commands; whereas, such q q
the ton cannot mold itself according 10
). ternal arrangements, and, wherever g
cion and guidance comes into cpilh
with inclination they divert II stu
Their from the proper Path, and
-. results Of such cocfciyc tnFiitui
put do not al all correspond 10 the intent
~ In which they originate" Calico D
I A. A. A.. TNssHN