New-York tribune., 1905-01-16
THE CRUELTY OF OUR DIVORCE LEGISLATION.
LEGAL SEPARATION NTH RIGHT OF REIARRIAGE
STIMULUS TO EVILS SOUGHT TO BE CURED.

not better, why IS It that we hear loud outcry
there from homes where life. according TO the
theory OF divorce advocates, ought to be unbear-
able from cruelty and lust and crime. and ought
to be heard in trumpet tones demanding legal or
legislative relief? The same question might be
asked concerning the unfortunate CD people OF
South Carolina. which has never in all its history
whether province, colony or State except during
the subsequently repudiated period of reconstruc-
tion.' allowed absolute divorce for any cause fet'
1 was told some years ago. on the authority or a
judge of the Supreme Court Of that State. that
married life there is remarkable for its Uniform
happiness.
To return then, to my question what is the chief
cause Of ALL or nearly ALL the cruelty and misery
to which these dreadful records or dVorc&s EN- IA n an.
sver as given by this report. is that nine OF
following the statistics of Canada Z54-2 Is CT I %
directly by divorce legislation ltsei w tlS
fact, could expect when our noIhstiy % tba
legislators have thrown to the WoS XDerienSe of
their race and in addition the great maxim or tne
faRe avaaFase T sf Of his his o%n Wrongdong The
sumed right TO divorce. M5tn bistnTx nToved
roTy Ao instead Of being check on uncontrolled
nassi0ns or temper II must from the nature OF the
case always prove the most poWerIuI enc2ut Ieos
iawiess desire which the discipline of strict no mo
nogamy would easily smooth OF quGitCi en- ba tirs and
flame of angry temper and burning lust, dhere @ Is
loss Eencourseement for them in present mar
riage laws than in the laws affecting common
business partnerSInD-
The question then, regarded as social one one ana ana
INDEPENDENTLY of all theological Considerations, re-
solves itself into this: Shall We sacrlnee the haPP5 5
ness of men women and children by thousands anu
tens thousands in order that we may save lev q lev
score or hundreds of possibly innocent suILereLs
from the consequences of an unfortunate nlaul..
moniaI choice? With our childish American love OF
testing every law for ourselves, independently OF
all precedent, we have proved to the satl5 5iactlon
OF ali reasonable people that divorce with unlimited
right remerriage is the most potent st1u4qS 70
the ills we attempt to cure And now, with S0VO
divorces every year. with one divorce 10 every
three marriages in some parts Of the country, ana
a rapidly acceleratng rate everywhere II Is surrey
time for us lay aside mawkish sentlIneniaIlty
and apply the remedy which all experience Heorew.
Creek Roman and Christian. tells US Is the only
one wherewith check the progress OF the disease
Suffering self-sacrfice there must be under any
law of political sanitary or social self-preserva55
tion hut reason, justice and mercy alike demand
that the few shah suffer rather than the many
That was the settled judgment forced on the MIND
Of one of the chief advocates and ADMINISTRATORS
OF the revolutionary law Of marriage and divorce
introduced into England in 1857, for tho first time
since that land became Christian nation. This Is
the confession which Sir Creswell Creswen was
compelled to make only a few years after that
event: ST have been taught a lesson or experience
have come to the conclusion that 1t is better for
society to treat marriage indissoluble. consider
ing it merely as a social question.
Calvary Rectory. Summit, N J' Jan. l3. 1895.