Surely, this is good, wholesome, practical common sense.
SENATOR DOLPH.
Senator Dolph strikes a strong blow, and takes the foundation from under the idiotic idea of legal separation without divorce. He says: "As there should be no partial divorce, which leaves the parties in the condition aptly described by an eminent jurist as 'a wife without a husband and a husband without a wife,' so, as a matter of public expediency, and in the interest of public morals, whenever and however the marriage is dissolved, both parties should be left free to remarry." Again: "Prohibition of remarriage is likely to injure society more than the remarriage of the guilty party;" and the Senator says, with great force: "Divorce for proper causes, free from fraud and collusion, conserves the moral integrity of the family."
In answering the question as to whether absolute prohibition of divorce tends to morality or immorality, the Senator cites the case of South Carolina. In that State, divorces were prohibited, and in consequence of this prohibition, the proportion of his property which a married man might give to his concubine was regulated by law.
THE ARGUMENT CONTINUED, IN COLLOQUIAL FORM.
Those who have written on the subject of divorce seem to be divided into two classes—the supernaturalists and the naturalists. The first class rely on tradition, inspired books, the opinions of theologians as expressed in creeds, and the decisions of ecclesiastical tribunals. The second class take into account the nature of human beings, their own experience, and the facts of life, as they know them. The first class live for another world; the second, for this—the one in which we live.
The theological theorists regard men and women as depraved, in consequence of what they are pleased to call "the fall of man," while the men and women of common sense know that the race has slowly and painfully progressed through countless years of suffering and toil. The priests insist that marriage is a sacrament; the philosopher, that it is a contract.
The question as to the propriety of granting divorces cannot now be settled by quoting passages of Scripture, or by appealing to creeds, or by citing the acts of legislatures or the decisions of courts. With intelligent millions, the Scriptures are no longer considered as of the slightest authority. They pay no more regard to the Bible than to the Koran, the Zend-Avestas, or the Popol Vuh—neither do they care for the various creeds that were formulated by barbarian ancestors, nor for the laws and decisions based upon the savagery of the past.
In the olden times when religions were manufactured—when priest-craft and lunacy governed the world—the women were not consulted. They were regarded and treated as serfs and menials—looked upon as a species of property to be bought and sold like the other domestic animals. This view or estimation of woman was undoubtedly in the mind of the author of the Ten Commandments when he said: "Thou shalt not covet thy neighbor's wife,—nor his ox."
Such, however, has been the advance of woman in all departments of knowledge—such advance having been made in spite of the efforts of the church to keep her the slave of faith—that the obligations, rights and remedies growing out of the contract of marriage and its violation, cannot be finally determined without her consent and approbation. Legislators and priests must consult with wives and mothers. They must become acquainted with their wants and desires—with their profound aversions* their pure hatreds, their loving self-denials, and, above all, with the religion of the body that moulds and dominates their lives.