The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1892-05-19
Marriage and Divorce.

Two interesting reports from the jul
dietary committee on the joint resolu-
ton proposing an amendment to the
constitution to provide uniform laws on
the subject of marriage and divorce was
made to the House on the 9TH. The ma
jority report, adverse to the resolution,
was made by Representative Oates. This
report, says the committee is unable to
see the necessity for amending the cons
stitution as proposed. The jurisdiction
of congress is already SO extended that ii
the two houses were to sit in continuous
session it would be quite impossible to
pass upon all the bills which are now
presented. There would be more wisdom
in an amendment to the constitution re-
mitting to the States some of the powers
exercised by congress rather than to en-
large them. If this amendment was
adopted it would open up another large
and fruitful field of legislation, and once
congress came to exert the right to regu-
late marriage and divorce it would, judg-
ing by past experience, soon extend the
power by construction to the regulation
of inheritances and descent of property.
In other words, it would soon undertake
to legislate upon the main body Of do
nestle and local interests of the people
which have always belonged to and have
been exercised by the States. The pros
position in the amendment giving to the
State courts exclusive jurisdiction of all
cases arising between persons who were
citizens OF the same State or Territory
at the time the alleged cause of action
arose seems, the report says, incongru
ous and altogether incomratatihle with
the general provisions Of the constltue
tion. This would give the State and
Territorial courts exclusive jurisdiction
in one class OF marriages and dlvoce,
while in another class the federal courts
would have exclusive jurisdiction. II
congress were given power to legislate
upon the subjects of marriages and dl-
voce, it would soon extend that power
by construction to all domestic relations;
and who can doubt, says the report, that
there would soon be a law enacted secur-
ing the right OF marriage between any
man and woman of lawful age without
regard to race, color Or previous condi-
ton.
Representative Ray presented the mis-
hority report, dissenting from the views
OF majority. The minority report is
signed by six members of the committee.
1t says that when the constitution was
adopted 1t was not contemplated thai
such diversity of statutes on the sub
jects OF marriage and divorce as are now
found would exist in the various States.
Under the laws of the various States, the
report says, it is possible for one man to
have as many lawful wives as there are
States in the Union, assuming that the
statutes in each case differ In the sew
eral States the law differs as to the causes
or grounds of divorce. and the result is
that we have a constant tide of emlgra
ton from one State to evade the obllga
| tinn nf tho ms yp1 loti Some oil
the States and Territories have passed
loose laws on the subject of marriage ano
divorce for the express purpose OF en-
couraging immigration. The committee
says that although marriage is reeogniz1
ed by all nations, divorces are not
There is no international law or comfy
among the States that requires one Statf
to recognize as valid divorce pronounc
ed by the courts of another State, unies
both parties appeared and were subJec
to it's jurisdiction. II a person become
nnEz