Evening star., 1901-12-28
THE NEW ] DIVORCE LsW
REASONS WHY 1T SHOULD NOT BE
AMENDED.
Rev. DIR. Mckfln strongly States the
Case of Those Favoring Re-
stricted DivOrce.
To the Editor of The Evening Star:


In view of the recent movement to re-
peal the law of marriage and divorce, en-
acted on the Sd az March. 1901, some ex-
planation of the position of those who are
resolutely opposed to its repeal seems time
ly, although, fer the present at least, the
movement has been abandoned. The old
law allows seven causes for divorce from
the bond of matrimony, besides others Tor
divorce from bed and board. The law
which goes into operation on the lst OF
January next SLOWS but one cause for
divorce from the bond Of matrimony, name
ly, the gross violation of the seventh COM
mandment. 1t also allows divorce from bed
and board for drunkenness, cruelty and de-
sertion. 1t further provides that In the
case Of divorce from the bond Of matri-
mony for the cause Just mentioned, the in
nccent party only may remarry. For GER
tain specified causes, too. marriage may
be declared null and void alb tnitto.
A distinguished member of the bar of this
city is reported to have said that the ac-
ton of those who oppose the repeal OF TINS
new law is indefensible. 1t may be said
IL reply:
In the first place. that the law to which
the Bar Association has made objection is
Identical In its crucial points with the law
which has been in operation for many years
in the state of New York.
Second that 1T is approved by the lead
ing justices of our District courts.
Third, that this law conforms to the
Christian standard as laid down by our
Lord Jesus Christ. In this connection let
1t be remarked that the Supreme Court
has more than once officially declared that
this is Christian country Its laws and
its civilization rest upon the basis or
Christian ideas. True. there is no estab-
lishment of religion and majority OF the
people of this country have the power and
the right to substitute any other ideas
Mohammedan, for example-for those
Christian ideas which have hitherto gov
erned our legislation, but as yet the people
have not done this, and it is therefore right
that the laws of the land upon matter
vital to the best interests Of the people
should conform to the Christian standard.
Fourth. Experience justifies the high
standard which the Christian religion lays
down and which is incorporated In the law
in question. 1t Is not only Christian think
erS and writers who sustain this state
ment, but such eminent authorities as
Hume and Gibbon might be quoted in sup
port Of making the marriage bond as
strong as possible, In the interests of the
family and of a higher civilization. No
doubt hard cases may occur under the op-
Grafton of this law, but these are incident
to the operation Of all laws. The principle
which should govern is the greatest good
of the greatest number and We hold that
in this case the greatest good of the COM
munity demands the strict law which we
favor. The problem of marriage ought to
be viewed from the high point which takes
fare.
A Grave Issue.
The issue involved in this whole question
is one Of the gravest and most momentous
that can arise in connection with our leg
islation. What is involved is the veal or
woe of the family, which is the unit Of
civilization, which Is the germ Of the state,
whose interests are vital to the public well
fare. 1t cannot be denied that the family
is the foundation Of national character, the
buttress of national strength, the prime
factor of national stability and progress,
and when we ask ourselves what is the
outlook for the family in our country at the
beginning of the twentieth century, we are
met by facts which excite grave alarm.
Thoughtful and cautious writer's agree that
it is no eXaggeration to say that the very
existence of the family, as permanent in
Stitution is threatened. We are confronted
by two conceptions of marriage which are
at war with each other one which regards
it a mere temporary contrac ct-an asso-
citation terminabe at the will of either
party-the other which regards it as a
sacred social institution involving the very.
fabric of social order. The former danger
Gus and destructive idea has largely leav-
ened the legislation of the various states.
With great strides facility Of divorce has
been advancing until such cautious writer
Domestic instability tends in a most
startling manner to become epidemic
social disease" Let the following facts
be seriously weighed by those who have
country at heart:
First The number of divorces in the
United States has been increasing at a rate
unequaed in any civilized country and at
a constantly accelerating speed.
Second. In the year 1899 the number Of
divorces in all Europe ao :, Canada ,,, and Aus
United States they reached the number
of 23,472.
Third In the year 1867 the number of
divorces in the United States was 9,937. In
the year 1856 they had increased to %, 535.
Fourth. The increase of population dur
ing those twenty years was 60 per cent.
The increase of divorces was 1856 per cent.
Truly, In view Of such conditions as are
here revealed, it Is time that a higher
standard Of legislation should be adopted
by our legislatures upon this grave SUBJ
ject Nowhere is 1t more important that
a high ideal should be aimed at upon the
subject of marriage and divorce than here
in the capital of the nation.
The laXity of the law which was repealed
last spring may be judged of by the fact
that the attorney Of this District said, on
the Sd Of April, 1900, THE existing law
puts premium on conduct which destroys
the foundation Of the state" and Judge
Bradley, on the Both Of June, 1899, said, in
his court, washington appears to be rap
idly developing into divorce center" 1t
was, therefore, subject for rejoicing to
the friends Of higher standard of mar
the new law above outlined was passed by
Congress on the Sd OF March last. To re-
peal that law would be to put back the
clock of social progress and civilization.
1t would be to lower the standard of do
mestic life. 1t would be to deeply discour-
age those who desire to see in this fair
capital Of the nation the highest standard
of moral life and domestic purity con-
served.
In conclusion I wish to say that be-
lieve the Christian sentiment Of this COM
munity is almost solid in opposition to
the repeal of the law. The sentiment Of the
Roman Catholic Church upon this subject
is well known. The sentiment of the Epis-
copal Church was expressed by the adop-
ton unanimously at a recent meeting of
the clergy Of a petition to the District COM
mittee against the repeal of the law. A
similar petition was about the same time
unanimously adopted by. the ministers and
laymen Of the Presbyterian Church of this
District. The same action was taken by
the ministers of the Methodist Church, and
it is believed that a similar sentiment will
find expression among the other religious
communions Of this city.
REV. RANDOLPH H. MKIM, DID,