The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1892-06-09
A Uniform Divorce Law.

From the St. Paul Dispatch.
The Judiciary Committee of the House
of Representatives has recently reported
on a proposed amendmtnt to the Consti
tuition establishing a uniform national
divorce law. There is d minority and
majority report, the one opposing, the |
other favoring, such an amendment.
No subject has attracted as much |
steady attention in recent years as this
one of the variety and and confusion of
divorce provisions in the several States.
Scandal after scandal has followed the
effort of unfortunate or culpable married
persons to break through the bonds OF
matrimony, and each successive exam
pie has helped to lessen the popular
sense of the sanctity of the marriage
relation, while helping, also, to encour-
age others to resort to the very doubtful
means held out by several of the States
for the loosening of the bond. The evil,
indeed, has reached such proportions
that it has become impossible in many
cases to determine the status OF persons
once married, and nothing short OF
judicial decree can determine the legiti-
macy or property rights of the children
of many of such marriages.
In the discussion of this general sub
ject for years the Dispatch has in>
sisted that no settlement of this
important question could emanate
out the Intervention of a cOnstitu-
tional amendment There is as lit
tie power in Congress at the present
moment to legislate on the subject OF
divorce through any other channel
as there is to interfere with the admins
istration of the local government of this
city. The OILY grave question involved
is one of political and social expediency.
1t may be conceded that the amend
ment of the present National Constitu
ton should not be engaged in except in
urgent cases, when all other remedies
for the defect or wrong involved are i'm
possible. 1t is not necessary to contend
that all proposals for the amendment
of that instrument should be looked
upon with disfavor. Indeed, if the fun
damental law of the Union is to keep
pace with the changed conditions and
the increased demands of the social and
politicallif e of the age, judicious amend
ment is Indispensable.
There is a way still open for rendering
our systems of divorce and marriage uni
form throughout the several States. if it
can be adopted. Senator Hill, when
Governor of New York, pointed out that
way and took the preliminary step to
carry it into effect. 1t is now, we be
lieve, over two years since the moves
ment was inaugrated to have the several
States agree upon uniform system Of
divorce. While the project met with
much favor at the time, and the indica>
tions pointed towards ultimate success,
for considerable time past, and it may
be fairly assumed to have failed. In
deed, the attit ude of several States rem
der failure in any event inevitable. Not
to proceed further in examination of the
prospects of that movement, it is neces>
sary only to refer to the attitude borne
by the law making and even the judicial
towards its own present scandalous di>
vorce system. There the contention is
daily INDUCED by those i'll authority
that the prevailing system of ready
made divorce is essential to the progress
and welfare of the State itself
Unless the advocates of concerted
action on the part of the several States.
acting Independently, can show that
there is some reasonable prospect OF
their plan meeting general adoption, ii
is time that the Federal Government
should step in and remove the evil. The
way to remove it is through constitu
tional amendment, and in view of State
inaction and of the present condition Of
public sentiment, the sooner that way il
adopted the better for the moral welfare
and happiness of the people of all the
States