The Savannah morning news., 1901-04-27
A National Divorce Law.

The recent decision of the Supreme
Court of the United States, with re-
spect to the validity of Dakota divorces,
obtained under certain conditions, forci-
bly, calls attention to a question which
is fundamentally interesting to the we'll
being of society, and even the conserva-
ton of the state itself In no country in
the world are there so many divorces
granted annually as in the United States;
nowhere else within the pale of civiliza-
ton is the law on this subject such
tumble of Inconsistencies, loopholes and
subterfuges. The statutory grounds for
the dissolution of the marriage bond are
scarcely the same in any two states in
the Union, although decree legally OBJ
tanned IN any one Of them is considered
as of binding effect in all the others. This
is about the only uniformity connected
with the entire wretchedy contrived sys-
tenn. According to the decision that has
just been rendered by the highest judi
cial tribunal in the country, there are
numbers of men and women now living
together as husband and wife, between
whom that relation has no legal exist
ence. They comprise that class who were
illegally divorced in Dakota and else
where, and who subsequently contracted
marriages with other persons. How many
or how few these persons are it would be
is no doubt that they are far more num-
erous than is desirable. This is not civil
ization; it is barbarism in a moral point
OF view, and the laws under which It Is
made possible should be swept out of the
statute books.
The only adequate remedy for the evils
that necessarily flow from the diverse ag-
glomeration of enactments ON the sub
ject, which are dlgnifed with the name
L, IN-la. Il Sc
solely with power to grant divorces. This
is not new idea, but it is the best plan
that has been suggested to accomplish
the reform that is becoming more and
more imperative with the rapid increase
of population. There is no good reason
why the grounds which di-
vorce may be obtained should be
different in different states. In
fact there is every reason in the world
why they should be identical. All the
states have the same social system, tine
same civilization, the same interest in the
preservation of morals, the advancement
and progress of the race This grant of
power cannot, of course, be made with
out an amendment to the Federal Con-
stitution and subsequent legislation by
Congress. The time has passed when the
spectre of Capitalization can be success
fully raised against such proposition.
t5y the pest ana most tnOuSnttuI men
and women in the country, the necessity
of the reform is recognized, and they
would heartily support any man or party
that should advocate it. Whether the list
of causes for divorce should be enlarged
or restricted is not now the question
There will be plenty of time to discuss
that point later on. Uniformity is the
great desideratum for which all should
earnestly contend in the interest of the
family and the home, the foundation
stones of the nation.
The subject is one of transcendent i'm
portance. Is the prevalence of divorce a
symptom of national decay? George Ban
croft in his history of the United States,
speaking of the New England Puritans
says "of divorce | have found no exam
pie" Gibbon in discussing the conditions
that dragged the Roman people down to
ruin put these philosophic observations
on record on his imperishable pages {:
when the Roman matrons became the
legal and voluntary companions Of their
lords a new Jurisprudence was introduce
ed. that marriage. like other partner
ships, might be dissolved by the abdica-
ton OF one OF the associates. In three
centuries OF prosperity and corruption
this principle WAS enlarged 20 frequent
practice and pernlcious abuse" Space
limitations forbid the extension OF the
quotation. Il will be found IN chapter a.
In IL il contained great lesson. Shall
we learn H.? John r. Foley.