The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-26
sHAI1 ADUIrxsr BE a o.l,tx,
An Arwune,t Against tire Proposed Raw rsr
the runtshment OF Adultery.


To THE EDITOR OF THE suN-Sir: I per
ceive that the Legislature is vexing itsolf about
a bill for the suppression and punishment OF
adultery by fine and imprisonment. II might as
we'll make a law to close up the caves Of the
wind, 10 stay tho waves Of the ocean, or arrest
the law Of gravitation as to attempt to prevent
tho expression OF the passions of mankind.
am as much opposed TO the offence in ques.
ton as anybody should be; but this Is not the
remedy. The offence in itself has never been
regarded as a crime. II is not such at common
law. and common law il common sense. In the
Mosaic times they stoned the offender. After
ward an alleged adultercss was brought up for
trial. and she was neither condemned nor
stoned, but simply admonished TO depart and
ain no more. The rcputed wisest man that ever
lived could not get along without less than
three thousand adulteresses, plus bs lawful
wife.
There are other remedies fer this evil. The
barbarous laws Of this state, uialtcrcd from its
colonial period down 10 the present day. pro-
hibit the dissolution Of tho marriage tie for any
In the majority OF the other States. East and
West, that relation is terninable for many DIFF
iSren n, canses; for s9andho nhT dcsertion; fail
incompatibility OF temper. conviction Of felony,
&c. From this IL results In tho State Of New
dering the continuance Of cohabitation insurer.
able, there Is but one means OF escape, and that
oonnisanee. mi" necessity should not Exist.
Marriage Is simply a civil contract, without any
sacramental qualification. There IL no contract
into which parties enter In which the ingredients
Of fraud. deception, Misrepresentation. hsttery,
falsehood. and deliberate u ing are 30 constantly
p~ractised as in that Of marriage. In other con.
tracts these Ingredients furnish a remedy for a
rcsCission. and why should the marriage con-
tract he an exception
force. durcss, or fraud, but the remedy furnished
by fraud is confined generally 10 e civil diss-
for example, he or she having a former wife or
husband living. In this matter the door should
be opened. 40 that the suffering party may DO
relieved from ties the continuance of which il
uncomfortable by one or perhaps both parties. and
more sinful than their termination.
husbands who have abandoned them might. II
!hoy were single. contract desirable marriages,
ment, such relief Is not open to them. Tempta-
tion H. then offered them, and who is SO firm as
not to be seduccdi
alteration In our marriage laws. Capitalization
by repute OF being man and wife has been held
marriage. by which the wife receives her dover
and the children Of such marriage the inheri.
lance descending from either parent. These
the courts OF this State. Hence VIC have the
new expression in the mouths of the people and
familiar to all. the term "common-law wife"
II our marriage law were made 10 require a
marriage in all cases of marriages
contracted in this state. and TO declare all others
Illicit. there would then he no excuse for men
and women going 10 live with each other in
merctricious relations. with the latent hope, as
II now IL. in the secret bosom OF the woman. that
such meretriciousr relation may ultimately ripen
into Legitimacy. Let them be prevented. In order
that adultery, may he diminished. But as the
law now stands as 10 marriage and divorce in
this state. II a penalty OF from 81 900 TO S5. 600
and Imprisonment be imposed for adultery, and
those only without sin shall have the power to
infict the punishment. IL will be safe TO infer
that there will be no aocusers and the law will
become a dead letter, as most oppressive laws
usually do.
The passions Of mankind meet and master the
fear of death. and we arc dealing with one which
Is the strongest OF human nature, and one which
neither. pains nor penalties can temper or re.
strain. for IL II the passion the exercise OF which
holds communities together and chains them
down 20 the hardest conditions of life. Can legis.
lation control this irrepressible impulse of ami.
NAL nature AN OBSERVER
NEW YORK. Feb. 20.