The herald., 1897-08-23
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/ marriage AND DIVORCE
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and often without any bride at all, Mex
to this inward inspection of our thoughts
and feelings is a knowledge of how we
appear to the impartial eyes of others
The wisely humorous Bobby Burns tells
us that such knowledge
"Wad frae mony a blunder free US
And foolish notion"
Extending the application, from the
individual member of society to the
state, the principle holds good. Criti.
cism of our legislation, at the hands OF
Intelligent foreigners, deserves attention
Take our laws affecting the relation OF
husband and wife, for instance, and
especially touching divorce, or disso-
luton of that relation, everybody admits
that in all the states of the Union-with
the exception perhaps of Souh Carolina
where DEGREES Of divorce are not per-
mitted-those laws invite the criticism
Of conservative men here at home and
hence do not escape the critical exam
ination Of educated foreigners. In the
Literary Digest august, 1879 we find
a translation from LIE Figaro (Paris) OF
a paper contributed to that journal by
an observant Frenchman temporarily
resident in the United States upon the
subject of American marriages, from
which we extract few pertinent SEN
tences:
1t may be said without exaggeration
that for fully one-half of the people Of
America marriage is but a contract that
is no more indissoluble than any other
and that presents no obstacle to the
wishes of the person who desires to
break it.
The first half of this sentence is liter
ally true as far as California is con-
cerned In this state our law regards
marriage as a civil contract. He goes
on to say:
In most states no precaution is taken
against polygamy; no publication of
banns is required, no consent of pa
rents, no proof of residence. You pre-
sent yourself before the judge or a
minister of the gospel and are mar
ried out of hand, on the declaration Of
the parties that they are free, without
any investigation of the truth of their
words. The law requires residence Of
three or six months, sometimes year.
in the divorce colonies (sic); bait no
safeguard at all is demanded when you
wish to enter the marriage state.
1t is likely that our French critic wrote
from one of the Dakotas, where mar
riage and divorce are free and easy
affairs. AS applied to the state of Cali
fornia his statements are wholly mis-
leading. 1t is true there is no publica-
ton of banns required by our laws. Some
Of our churches, notably the Catholic
church, follow that time e-honored custom,
which, by the way, is wise precaution-
ary measure, though it is not without
Objectionable features. In the early
stages of our growth as a state: mar
riage by contract. so called, made the
relation of husband and wife loosely
fitting fabric, easily woven and easily
put aside. But we have changed all that,
and Judge Aliens recent decision nulli
flying the ultra League
nuptials of romantic girls and. heroic
youths wheels California into line as
one of the most conservative states in
the Union on the marriage part of the
question, at least. Contrast the pro-
visions of our civil code regarding this
matter with our Frenchman's statement
quoted above.
The person solemnizing marriage
(says section 72 must first require the
presentation of the marriage license;
and If he has any reason to doubt the
correctness Of its statements of facts
he must first satisfy himself of It's cor
rectness, and for that purpose he may
administer oaths and examine the par
ties and witnesses in like manner as
the county clerk does before issuing the
license.
Then he Is required to make, sign, and
indorse upon or attach to the license
a certificate showing the fact, time and
place of solemnization, the names and
place of residence of the witnesses to
the ceremony, which certificate he must,
within a specified period, file for record
with the county clerk.
In regard to the dissolution of the mar
riage tie we do not occupy as firm ground.
In that particular California, in common
with her sister states, is amenable to
criticism. But we get along very well
after all. The intelligent public senti-
ment of our whole people, state and
national, favors liberal construction
Of divorce laws rather than of a tighten
ing Of the marital chain. It may we'll be
left to enlightened judgment of supe-
rior court judge to say, from the facts,
whether it is not better for the parties
Immediately interested, and for society
at large, to divorce an minated couple
rather than force them to continue a
union which defeats the object for which
it was formed, and has become an insti-
gator Of vice, that may any day ripen
into crime, rather than remain the pro-
moter of domestic order and virtue.
The Benefit Of Doubt
He (eagerly)-Has the correspondence
editor Of the Ladies' Home Bazaar an
swered whether it was proper for you
to allow your fiance to hold you in his