4. Laws and their administration affect divorce. New York grants absolute divorce for only one cause, and New Jersey for two. Yet New York has many more divorces in proportion to population, due largely to a looser system of administration. In seventy counties of twelve States 68 per cent, of the applications are granted. The enactment of a more stringent law is immediately followed by a decrease of divorces, from which there is a tendency to recover. Personally, I think stricter methods of administration, restrictions upon remarriage, proper delays in hearing suits, and some penal inflictions for cruelty, desertion, neglect of support, as well as for adultery, would greatly reduce divorces, even without removing a single statutory cause. There would be fewer unhappy families, not more. For people would then look to real remedies instead of confessing the hopelessness of remedy by appeals to the courts. A multitude of petty ills and many utterly wicked frauds and other abuses would disappear. "Your present methods," said a Nova Scotian to a man from Maine a few years ago, "are simply ways of multiplying and magnifying domestic ills." There is much force in this. But let us put reform of marriage laws along with these measures.
5. The evils of conflicting and diverse marriage and divorce laws are doing immense harm. The mischief through which innocent parties are defrauded, children rendered illegitimate, inheritance made uncertain, and actual imprisonments for bigamy grow out of divorce and remarriage, are well known to most. Uniformity through a national law or by conventions of the States has been strongly urged for many years. Uniformity is needed. But for one, I have long discouraged too early action, because the problem is too difficult, the consequences too serious, and the elements of it still too far out of our reach for any really wise action at present. The government report grew immediately out of this conviction. It will, I think, abundantly justify the caution. For it shows that uniformity could affect at the utmost only a small percentage of the total divorces in the United States. Only 19.9 percent of all the divorced who were married in this country obtained their divorces in a different State from the one in which their marriage had taken place, in all these twenty years, 80.1 per cent, having been divorced in the State where married. Now, marriage on the average lasts 9.17 years before divorce occurs, which probably is nearly two-fifths the length of a married life before its dissolution by death. From this 19.9 per cent, there must, therefore, be subtracted the large migration of married couples for legitimate purposes, in order to get any fair figure to express the migration for divorce. But the movement of the native population away from the State of birth is 22 or 23 per cent. This, however, includes all ages. For all who believe that divorce itself is generally a great evil, the conclusion is apparently inevitable that the question of uniformity, serious as it is, is a very small part of the great legal problem demanding solution at our hands. This general problem, aside from its graver features in the more immediate sphere of sociology and religion, must evidently tax our publicists and statesmen severely. The old temptation to meet special evils by general legislation besets us on this subject. I think comparative and historical study of the law of the family, (the Familienrecht of the Germans), especially if the movement of European law be seen, points toward the need of a pretty comprehensive and thorough examination of our specific legal problem of divorce and marriage law in this fuller light, before much legislation is undertaken.
Samuel W. Dike.
However much men may differ in their views of the nature and attributes of the matrimonial contract, and in their concept of the rights and obligations of the marriage state, no one will deny that these are grave questions; since upon marriage rests the family, and upon the family rest society, civilization, and the highest interests of religion and the state. Yet, strange to say, divorce, the deadly enemy of marriage, stalks abroad to-day bold and unblushing, a monster licensed by the laws of Christian states to break hearts, wreck homes and ruin souls. And passing strange is it, too, that so many, wise and far-seeing in less weighty concerns, do not appear to see in the evergrowing power of divorce a menace not only to the sacredness of the marriage institution, but even to the fair social fabric reared upon matrimony as its corner-stone.
God instituted in Paradise the marriage state and sanctified it. He established its law of unity and declared its indissolubility. By divine authority Adam spoke when of his wife he said: "This now is bone of my bones, and flesh of my flesh; she shall be called woman, because she was taken out of man. Wherefore a man shall leave father and mother, and shall cleave to his wife: and they shall be two in one flesh."*
* Gen., ii., 23-24.
But like other things on earth, marriage suffered in the fall; and little by little polygamy and divorce began to assert themselves against the law of matrimonial unity and indissolubility. Yet the ideal of the marriage institution never faded away. It survived, not only among the chosen people, but even among the nations of heathendom, disfigured much, 'tis true, but with its ancient beauty never wholly destroyed.
When, in the fullness of time, Christ came to restore the things that were perishing, he reasserted in clear and unequivocal terms the sanctity, unity, and indissolubility of marriage. Nay, more. He gave to this state added holiness and a dignity higher far than it had "from the beginning." He made marriage a sacrament, made it the type of his own never-ending union with his one spotless spouse, the church. St. Paul, writing to the Ephesians, says: "Husbands, love your wives, as Christ also loved the church, and delivered himself up for it, that he might sanctify it, cleansing it by the laver of water in the word of life, that he might present it to himself a glorious church, not having spot or wrinkle, or any such thing, but that it should be holy and without blemish. So also ought men to love their wives as their own bodies.... For this cause shall a man leave his father and mother, and shall cleave to his wife, and they shall be two in one flesh."*
* Ephes., v., 25-31.
In defence of Christian marriage, the church was compelled from the earliest days of her existence to do frequent and stern battle. But cultured pagan, and rough barbarian, and haughty Christian lord were met and conquered. Men were taught to master passion, and Christian marriage, with all its rights secured and reverenced, became a ruling power in the world.