The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-12

the Reformation, make wilful desertion
also a ground for divorce, and that
cause is allowed also by the Greek Church.
Among the Jews at the time OF CHRIST hus-
band could get rid Of his wife for any rea-
son which rendered her society distasteful
TO him. Germans made citizens here recall
German laws, which go almost to the ex-
treme OF the Jewish custom. In Prussia
incompatibility and even mutual consent,
where there are no children, are sufficient
causes. A great part OF our public, also,
are outside OF all Churches and repudiate
their right to interfere with marriages.
1t is evident, therefore, that IL there Is to
be any modification in our marriage and
divorce laws it will not be made on any
religious grounds, but will be rather in the
direction Of simple uniformity; and what
would be the consequence? As 1t is,
all the States OF the Union, with the ex-
cepton OF South Carolina, which has no
divorce law, permit the dissolution OF the
contract OF marriage. and all OF these,
except New York, for wilful desertion,
the difference between their divorce laws
as to that cause consisting only in the length
OF the period Of desertion required. Other
causes like intolerable cruelty, intemper-
nnce and failure to support are allowed in
most of the States. Marriages between
whites and negroes are prohibited In the
Southern States and some others. In a few
also. marriages between whites and Indians
are made void and in Arizona, Nevada,
Oregon and Utah marriages with Chinese
are void likewise. The time Of residence
in a State requisite for taking advantage
OF its divorce laws also varies from ninety
days six months. two years, and three
years to five years
The principle OF the dissolubility OF the
marriage contract, therefore, prevails gen
orally, and there is no possibility that it
will be abandoned. Moreover, even II uni
formity in divorce legislation is securable,
is it conceivable that it will be brought
about by tho rest of the States giving up
their divorce laws and going over to the
position OF New York, which alone makes
adultery the sole cause? Marriage. treated
as civil contract, is logically dissoluble.
and once dissouble various causes OF divorce
are sure to be made legal, on the ground
that the purpose OF the contract is az much
defeated by them as by adultery. These
causes have been added for the benefit
OF wives specifically -unbearable cruelty,
gross intoxication and failure to support,
for instance.
The Churches, therefore, must legislate
for themselves as to marriage and divorce
If they object to the civil laws on the sub
iett, and they can enforce their rules how
ever strict, on their own members, for
those put themselves under ecclesiastical
prohibitions voluntarily. A Church can for
bid its ministers to solemnize the marriage
Of any except the guitless person in d.
vorce for adultery or Of any divorced per-
son whatever, and il its adherents disobey
its command or give countenance to those
| guilty OF such disobedience 1t can excom.
| municate them; but there its authority ends.
! It has nothing to do with the civil law,
though it may make it's own religious law,
the test OF il ! authority over it's own being
| its ability to enforce 1t.
| The question for the State to consider Is
wholly apart from religion, and it relates
to the most effectual means OF protecting
| tho moral welfare OF the community. the
rights OF the welded and their children,
and the interests Of property affected by
| marriage. These undoubtedly require strict
legal formality in the making and recording
OF the contract OF marriage. AS a civil
| contract Of momentous consequence II
should be made under the strict supervision
| OF the law.