Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-23
LEGISLATION on MARRIAGE AND
DIVORCE.

THE scandals arising from the con-
ficting laws in relation to divorce In
the various states, continue TO bring
reproach upon this nation. Thnt theio
should be uniformity on a matter ofsn
much Importance, IL conceded by all
who have thought upon It, How to
effect this Ia the question which puth'@
both the statesmen aud the philosopher.
The quickest, easiest and most cileciual
manner, at frat sight, appears 10 he
national law.
There are many writer's who adj
voca,e this. Against their arguments
ia the indlsputablc fact that Congress
has no power under the Constitution To
enact such measure. The regulation
Of marriage and divorce Il entirely
under the coatrol Of the several States,
aud il one Of the powers that they nave
not relinquishcd TO the Federal Govern
ment
An Amendment 10 the Constitution
ia the suggested remedy for THIS lacR
Of congressional authority. or course
" tho country agreed to this, that
would he the end Of controversy a- to
the power Of Congress 10 settle the
difficulty. Hut II Is quite doublfnl
whether such an Amendment would
10 adopted. In tho iirst place II would
10 vigorously fought In Congress III
Il passed both Houses II would meet
with great resistance In many OF the
States, and It's ratification would not
by any means be assured.
The reason II that II would be n radi'
cal departure from the present
lines OF constitutional princi'
plo. The n ational Government is
limited by the Constitution 10 such
matters rs must Of necessity be- reg
ilatcd by national law, leaving each
STATE independent In is own
sovereignty over such ailaira- belong
% II within its own boundaries.
rho domestic relations, includ.
ing the subjects Of marriage and
iivorce, arc, under our system OF
government, specially within the
regulation Of the several States. To
change tho Constitution In this par
ocular would work q radical change
IN the genius OF our Institutions and
vitality affect their whole fabric.
3D. a national divorce law would imply
and nccessltatc n national marriage
aw. This would DO concession TO
.he Federal Government from
chs rsvsral States, that would
be incongruous to tho system
established by the fathers Of our coun.
Try, and would aid In destroying that
equilibrium Of powers between tho
States aud tho Nation which il ezscnt.
ial to the perpetulty OF that system.
This tendency 10 Capitalization which
Il Is the duty Of tho democracy 10
sheck, has already accomplished too
much. II Ia The great political danger
Of the times. To preserve that SOW
erlgnty which In len 10 the several
States In relation to their own Internal
Affairs, tinkcring with the Constitution
must DO avoided. II that instrument
Ia tampercj with Ia tho ways that arc
being frequently suggested, II will soon
become tho means TO establish that
Kind Of n republic which has been 70
often n failure, perhaps, 10 such rcvo-
luton M will erect monarchy In sub
Itance II not In name.
The State OF New York. some time
ago, appointed n Commission for the
purpose OF promoting uniformity
among the States In marriage and
divorce. Governor HIN, who will
soon be Senator Hin, was strongly In
favor Of the measure. The object Of
the Commission il 10 induce the several
States TO come into agreement ON thes,
important matters Of legislation, and &C
amend their laws that not only shall .
marriage In one State be valid In every
other Staieo the Union, but a diyorc,
Ia one will DO recognized In all, aud
ZONE approach Mt least 10 u similarity
n legal cause for divorce shall b,
uryed at.
ono OF the great obstacles In the was
70 this union will bc the sentiments O.
lhe CLERGY, particularly OF the Catholi,
aud Episcopal Churches. They NJ,
Enormously opposed to divorce, excep
ON what they conceive to be- the on,
scriptuml cause. Tho spirit OF Ia,
times leads To great laxity In the mat
Ter OF divorce Those churches hav,
done much, by their extreme Wow,
and discipline In the opposite direction
to check this tendency 10 easy Jlsaolu
tlon Of the marriage bond. hut ON IA,
other hand, the inconsistency VI keep
ing good and gentle woman tied to
brutal, OF improyldcnt or dissolut,
man, Is perceived by all people VIII,
think, anu has the effect " causln,
contempt for all religious rules and re
strlclioua.
That tho demand, of tho age shout
be supplied 10y laws aud regulation
adapted 10 meet them, must bp cl,a
10 every ono who Is not blinded boy IN,
mists of antiquity, There should b,
progrSs In religion IA well rs ia law
and while fundamental and esseutla
principles donot change with the lars
oftlme, society does change, aud rule
for It's government must ofuecrssity b
made to meet the situation.
We DO not believe that the Gr,a
Founder Of the Chrl.tlsp r.lt.,t..,, L.,