Divorce and War.
To the Editor of the “New Statesman.”
Sir,—The following episodes may be of interest to your readers. Under the new facilities for divorce offered to the London poor, a poor woman recently obtained a decree nisi for divorce against her husband, who had often covered her body with bruises, infected her with a dangerous disease, and committed bigamy. By this bigamous marriage the husband had ten illegitimate children. In order to prevent this decree being made absolute, the Treasury spent at least £200 of the taxes in briefing a leading counsel and an eminent junior counsel and in bringing about ten witnesses from a city a hundred miles away to prove that this woman had committed casual acts of adultery in 1895 and 1898. The net result is that this woman will probably be forced by destitution into further adultery, and that the husband will be able to treat his mistress exactly as he treated his wife, with impunity, so far as disease is concerned. In nearly every other civilized country the marriage would have been dissolved, the children could have been legitimated by subsequent marriage, and the lawyers employed by the Treasury would not have earned the large fees they did from the community for an achievement which seems to most other lawyers thoroughly anti-social in its effects. If any lawyers really feel that society is benefited by this sort of litigation, why cannot they give their services for nothing, like the lawyers who assisted the wife? If we are to practise economy in war-time, why cannot the King’s Proctor be satisfied with a junior counsel only? The fact remains that many persons situated like the husband and wife in question prefer to avoid having illegitimate children, and the birth-rate accordingly suffers.
The other episode is this. A divorce was obtained by Mr. A. against Mrs. A. and Mr. B. Mr. B. was married and Mrs. B., on hearing of the divorce proceedings, obtained a decree nisi against Mr. B. Mr. B. is at any moment liable to be called to the Front, but Mrs. B. has for some months declined to make the decree nisi absolute, and this prevents him marrying Mrs. A., as he feels in honor bound to do. Yet the law allows any petitioner, male or female, to obtain a decree nisi and to refrain from making it absolute for motives which are probably discreditable. The Divorce Law Commissioners strongly condemned this state of things, and the hardship in question is immensely aggravated in war-time, just as the war has given rise to many cases of bigamy owing to the chivalrous desire of our soldiers to obtain for the de facto wife and family the separation allowance of the State. The legal wife is often united by similar ties to another man. I commend these facts to consideration in your columns, having regard to your frequent complaints of a falling birth-rate. The iniquity of our marriage laws is an important contributory cause to the fall in question.
Yours, etc.,
E. S. P. Haynes.
November 29th.
[19] Some interesting facts were given by Mr. Sidney Webb in two letters to The Times, October 11 and 16, 1906; there is also a Fabian tract on the subject: “The Decline in the Birth-Rate,” by Sidney Webb (No. 131). Some further information may be found in “The Declining Birth-Rate: Its National and International Significance,” by A. Newsholme, M.D., M.R.C.S. (Cassell, 1911).
[20] The fall in the death-rate, and especially in the infant mortality, which has occurred concurrently with the fall in the birth-rate, has hitherto been sufficiently great to allow the population of Great Britain to go on increasing. But there are obvious limits to the fall of the death-rate, whereas the birth-rate might easily fall to a point which would make an actual diminution of numbers unavoidable.
[21] I should add artists but for the fact that most modern artists seem to find much greater difficulty in creation than men of science usually find.