Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-01-16
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Marriage and Divorce Laws.

the study of the subject of divorce,
we will say few word about our
marriage laws. The marriage and
divorce laws of the country are being
discussed with unusual interest, IN
view of the disorders AMI abuses
which their laxity and imperCectionS
admit. The home unlcrgirdS and
oyerarches all our social lnSlltu-
tons. Anything, therefore, which
impairs the home reacts in rulnous
consequences upon society, As the
home is the foundation Of the State,
so marriage is the foundation OF the
Gpme. Such then is the inter rcla-
ton of the marriage contract, the
home and the State, that to impair
one is to involve all in common
calamity. There are three aspects in
which the subject of marriage pre-
SCENTS itself: (D There is the civil
marriage, which is simply legal
contract. (2) There is the sacra
mental marriage, which is 4 mere
religious ceremony. (3) There is
what may be called the essential
marriage, which is the ideal union
of two hearts and lives BY the bond
of love. We are forced, however
reluctantly, to reiegate the ideal
and essential marriage to the re-
gions of sentiment and romance.
True marriage is itself sacra'
mont, independent Of any and all
religious ceremonies. The State,
however, can only take cognizaNce
of marriage as a civil contract. a
legal marriage, with or without III"
religious ceremony and sanction,
may be but lcgalzcd outrage. All
marriage in the absence of love Is
essentially adulterouS, and neither a
legal nor religious form can make
that right which is morally wrong
A contract may be legal in form
and yet rendered void by illegal
and criminal purposes and inten-
lions of the contracting parties.
In studying the subject in all It's
bearings and relations, we are forced
to the conclusion that the secret
source of the evil complained of is
in the inhartnonious and often out
rageous marriage and divorce laws
OF the various States. Nine-tenth>
of the marital infelicitics are di-
rcctly traceabc to meSalliances,
The extraordinary facility offered
those desiring to enter the marriage
relations serves to produce in the
minds of the naturally reckless and
of those blinded by passion an utter
disregard of its sacred obligations
There is nothing to prevent the dis
eased from marrying the healthy
and transmitting their physical dis
ability to their offspring. A schem-
ing villain may marry vlrtuous but
thoughtless girl, and the law is help
less in the presence Of successful
rascality. The drunken, the impure,
the brutal and the cruel may marry
the purest, the most refined and SEN
sitive among women, and the law
stands silent and staring witness al
the awful sacrifice without SO mucl
as a protest. This il nothing but
legaIized prostitution, and can onl!
end in misery. Many woman has
been driven either to depravity OF
death by the inhuman wretch whom
the law made hQr husband. The
present marriage laws are daily lead
ing men and women TO crime anC
disgrace. Marriage and divorce arr
regulated entirely by State laws, anC
in consequence there are as many
different laws as there are States
These different State laws vary ac-
cording to the moral strictnesg o
laxity Of the people. In some State
man and woman who agree to anC
do live together as husband and wife
and Introduce each other to th'
world as such, are legally married
Thus we find a confusing variety o
marriage laws as among the differ
ent States. In some a civil cere-
mony is required, in others both
civil and religious ceremony arc ne
cessary, and in still others n marriage
may be valid with no ceremony a
all.
That which would constitute le
ual marriaue IN one State would b.