The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-21
A Reformer A.tray.

The Rev. SAMUEL w. dixie has an article
in the last number Of the Contemporary Re
vieio OF London. the aim" Of which, he
says In starting out, is "to give British
readers an outline OF the problem OF the
family as 1t now confronts the people Of the
United States" Mr.. dixie is Boston d.
vorce reformer." and OF course his article is
on the divorce question; but why that
question should make Z" the problem OF the
family" peculiar in the United States. 1t is
not easy to understand.
The American laws as to divorce have fol-
lowed the same theory since the days OF
the New England Puritans. That theory
Is that marriage is dissolube as a civil con-
tract. It Is according to the Protestant
doctrine that marriage is not a sacrament.
That principle being once allowed. the
causes for divorce may be regulated by
State legislation. In the State Of New York
only adultery Is made sufficient cause
but generally in the States the marriage
contract has been made dissoluble for other
causes also.
Hence. at this time there is no new
"problem Of the family in the United
States" due to divorces. We are going on
as we have always gone. so far as concerns
divorce. Meantime the tendency of Euro
pean States has been to follow our example,
for the late report OF an investigation of the
subject by Mr.. CARROLL ID. WRIGHT. to use
the words Of Mr.. Dixie, shows the highly
suggestive movement Of European law. as
a whole toward an essentially common sys-
tenn, In which civil marriage is obligatory
and q religious ceremony optional" That
ia, marriage Is made civil contract and
being such, the religious bars to its dissolu-
ton are thrown down. Its regulation Is
taken away from the Church and Is assumed
by the State.
That being so, how can the divorce ques-
ton raise any problem OF the family special
to this country? The problem. IL it exists.
is general TO civilization. and special to
this time. not to this people. II Mr.. dixie
regards divorce as fatal to the religious
foundation Of the family. and marriage as
Divine institution of religious sanctity.
he violates his principles when he con-
sents to its regulation by the State as q
purely civil contract. II he admits the
right OF the State to dissolve it for any
cause. he admits the right OF the State to
dissolve II for any cause legislation may
determine. II the contract is made purely
civil, of course only civil and secular con-
siderations govern 1t. Marriage is made
a purely human institution. governable by
the State like any other partnership. 1t
ceases to have any religious character. and
becomes wholly secular. Its law is not laid
down by the Bible or by the Church. but by
the State.
The only divorce reform possible for Mr.
Dixie is to get back to the Church the regu-
lation OF marriage. as a religious institution
over which 1t alone can have rightful con-
troll; to deny that marriage is civil
contract. and to insist that 1t is sacrament
OF religion which the State cannot touch
without sacrilege.
That is. he must get on the Roman Cath
Ollie ground. or give up his case altogether.
Wherever marriage is made civil contract
the problem Of the family" as discussed
by Mr. Dixie, is purely civil and secular
problem. which religion Is powerless to
solve except through the voluntary accept
ance OF its teachings by individual believers
II the right OF the State TO regulate the
contract is admitted. its right to legis-
late as to the dissolution Of the contract is
admitted also.