The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-24

cause of what is termed free divorce"
but the old conservative Eastern state of
New Jersey Is conspicuous example of
what really lies at the root of much social
evil, viz: loose marriage laws. The loose
ness of the New Jersey marriage law is il
Illustrated by . reporter OF the Philadelphia
Press, who succeeded in having himself
and wife remarked five times in Camden
without inquiry or investigation. The
only states that do not now require
license are New Jersey, New York,
South Carolina, Wisconsin, South
Dakota and Idaho. It Is curl
Gus fact that New York, which grants
divorce for no cause save adultery, and
South Carolina, which grants divorce for
no cause whatsoever, should be included
among these six states that are grossly
deficient in the particular of safeguarding
and recording marriage. Wisconsin, an
excellent state of New England anteced-
ents, is also on the list. Every New Eng
land and Middle state, with two excep-
tons, and every Southern state with one
exception, and every Western state east of
quires license. Twenty-Five states pro-
vide for record Of applications for Ii
cense, and in twenty-three states a sworn
examination as to age and competency is
required. Maryland, which required
license before, last year passed a law inn
posing penalty on clergyman marrying
without license.
In Europe, especially in Germany and
England, the law makes stringent provi-
sions to secure full publicity Of mar
riage. Notice of the banns must be prop
erly given a number OF days before the
ceremony; license must be issued and
public registry made. The Bar Associa-
ton of New York city FIVE years ago
strongly urged upon the New York Legis-
lature the passage of marriage license
law, and Rev. DR.. Heber Newton, of the
Protestant Episcopal church, wrote
strongly in favor of marriage license
law:
1t seems to me scandal that any two chill
dren almost can go to any parson and be tied to-
gether for better or worse without society's
hand being reached out 70 challenge their right
to do 50.
This is beginning at the right end of re-
form. Reformers generally confuse cause
and effect when they write about the evil
ofincreased divorce. The proper object Of
assault is not half 50 much easy divorce as
it Is loose marriage laws. easy marriages
and base, vulgar philosophy Of marriage.
Given free opportunity for reckless and
precipitate marriages, and you are sure
within ten years % have the courts full Of
applications Tor divorce. The increase Of
unholy and nercenary marriages that ex-
plode in divorce is the primal evil. The
judge II usually disposed to grant divorces
that the pulpit would refuse, because
the Judge reasons that bad mar
risges are likely to mildew q whole
neighborhood with the corrupting exam
pie of loose life within wedlock If
divorce Is denied, while, as Governor
Andrew, of Massachusetts,, always argued,
divorce may be and not seldom is followed
by a new and more felicitous choice of
partners on both sides. The Judge is dis
posed to allow even the offending party to
marry again, for, as the late Chief Justice
Pierpont, of Vermont, said, il is bet
ter for society to encourage those
who have wronged the marriage state
to negotiate another honorable and
legitimate marriage, rather than TO force
them to find their felicity or infelicity
within the lawless circle Of an Illicit
union.
In Germany no person. native or for
eigner, no matter whether they be rich or
poor, obscure or eminent, can get married
without ample notice of intention, and
proof offreedom to marry. involving often
weeks ofdelay. In new communities such
law may not be found sound state policy but
in nine-tenths Of the older states it would
prove salutary reform. In America cler-
gymen who are fairly presumed to know
better not seldom marry couples without
any proof of their legal freedom to marry
beyond their own unsupported, uucorrob-
Grated, irresponsible assertion. Divorce is
not itself social disease any more than the
pustule is the smallpox; the disease ante
dated the eruption. Nor is it easy TO
establish any connection between the
prevalence or absence of high average of
marital virtue and the severity or laxity Of
divorce laws. France, until recent years.
had no divorce laws and yet she is and
always has been notoriously more profit
gate nation in her contempt for the
sanctity of the marriage tie than England
or the United States, where divorce laws
have long existed.
Washington and Oregon have liberal
divorce laws. while South Carolina has no
divorce law, and yet concubinage prevails
there to an extent utterly unknown with
as, chiefly because the wife outraged by
concubinage has no relief in shape of a
legal divorce. An eminent jurist of South
Carolina once denounced the stupidity
and inhumanity of the law under which
he had known friendless, homeless wife
TO submit to the presence of a concubine
at her table, because the law denied her
divorce or any relief beyond limiting the
amount of money the unfaithful husband
can will his mistress.
The Irish are chaste race, because thew
obey their priests, who strictly enioin
marital fidelity. In Scotland, a land of
loose marriage laws, the number of illegiti.
mate births is large. In Austria, Roman
Catholic country, illegitimate births are
numerous, despite the fact that the church
does not countenance divorce. 1t is GER
tainly true that the highest average re-
spect for the obligations Of the eoniugal
tie, Joined 10 the lowest rate of iilecitin,ata