The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-22
The Future of Marriage.

discussion OF the future Of marriage
takes place in the last F0rtnightly Rerie,r. the
disputants being Mr.. WORDSWORTH Don
IsTHoRPE and Mrs. SUSAN H. MALMESBURY.
Mr.. DoNIsTHORPE argues for the abolition
Of the marriage laws as forcible interven-
ton by the State in matter outside Of its
proper province. To the question whether
there ought to be marriage contract, he
responds by asking why should not all
other promises relating to sexual assoca-
ton be sanctioned by the State and thus
made contracts The State. says Mr..
DoN1sTHoRPE. recognizes some engage
ments of the kind and declines to recog-
nize others. 1t sanctions what may be
coarsely termed lease for life. but
will not sanction a lease for a term of
years." 1t makes the marriage promise a
contract but will not enforce a properly
drawn agreement between q man and
woman to live for couple OF months at the
seaside. the man to pay all the expenses"
It will not permit the parties to marriage
contract themselves to dissolve partner
ship unless they comply with certain arbi-
trary. and it must be said. very re-
voting conditions" He does not see
how marriage system can be regard
ed as immaculate which requires lifelong
partnerships to be entered into without
experience, and. as 1t were. in the dark"
1t transforms romantic sentiment into a
legal obligation. It proceeds on the theory
that monogamy is at war with nature and
must be enforced by lava theory which lis
on all fours with the defence OF the old
usury laws. Of State-enforced religion, Of
the old sumptuary laws. and with
thousands Of other State measures OF past
and present times forbidding people to
rush on to their own destruction" though
ION the whole. under the benefcent rule
Of natural selection. they make toward
salvation"
That is a brief statement Of the argument
Of Mr.. DoNIsTHoRPE. who. of course. treats
marriage as relation entirely apart from
the Church or religion. as q purely secular
arrangement. He then proceeds to forecast
what would happen in the absence Of any
marriage law whatever among people In an
advanced stage Of civilization" Their habits.
inclinations. and inherited moral instincts
would remain the same. and monogamy
would continue as the best practical system
OF partnership between men and women.
1.-The absurd agreement to agree. promise
to promise. now called an engagement.
would disappear. and with 1t the even more
anomalous action for breach OF promise"
"The agreement would take the form Of q
public notification" that Is to say.i would
be registered. AS provision would be
made therein for possible issue. In the form
OF settlement by the husband on the child.
II any. contingent on the wife's fidelity
till its birth. this would practically
amount to n one-year marriage" The State
would perform its chief duty by requiring
that the father should look after the sup
port OF his own child. and thereby it would
go to the extent Of its proper and valuable
authority In the premises. though "in Or
der to save time and trouble in MARI ying
again and again." the original con-
tract Of course. would "hold good I'M
til dissolved by tho wish Of either
party. in the same formal and pub
lie manner as that in which it came
into existence. namely. registration"
After the separation. F" the husbands liabii-
ity for the children Of the marriage would
continue for the space. say. Of one year. con-
tingent as before on the wife's fidelity; and
the wife would be unable to marry again
during that period without forfelting the
settlement on the child's behalf"
Thus he limits the authority Of the State
in the matter to making the community
witness as to paternity. saying 1t has no
concern as to the merely sentimental mo-
tives OF the parents In coming together.
The natural justice and impulse of atTec-
ton, he argues further. would lead man
to take care OF the wife Of his bosom and
the mother of his children without the pres
cnt compulsion of the State. II the woman
married again. her children would be in the
position Of children with a stepfather: II
she did not get new husband. they would
be in the position OF widows children.
Under such . system. Mr.. DoNBT1oRP1