We are not sticklers for the social classification of aristocratic countries, but simply for that which is founded on cultivated taste, refinement, and general intelligence; and we contend that where the social condition is such as to permit the barriers between vulgarity and refinement to be broken down, no matter though the former may vie with Crœsus or the latter appear in the tattered garb of Lazarus, matrimonial misalliances will be the result. December and May are no more fitly mated than platinum and lead—i.e., sixteen and fifty make no more suitable alliance than refinement and its opposite.
“For in companions
That do converse and waste the time together,
Whose lives do bear an equal yoke of love,
There must be needs a like proportion
Of lineaments, of manners and of spirit.”
—Merchant of Venice.
Till, therefore, this social ferment has settled and all the elements have reached their allotted planes, there to remain, misalliances will continue to occur, and misalliances, we know, are a fruitful source of separation. There may be more satisfactory and truthful explanations of the fact we are endeavoring to account for, but of this we are convinced: that, for whatever cause, antagonistic social conditions operate more frequently against happiness in married life in this country than in Europe.
Space will not allow us to pursue the discussion of this question much farther, so we will devote the few remaining lines to the consideration of the leading objection which is constantly urged against absolute indissolubility, and which may consequently be taken as a strong argument in favor of divorce. Divorce, it is contended, favors morality; for, whether law intervenes or not, passion will assert its supremacy, and it is better to let those depart in peace and with the sanction of the law who cannot live together than have them burst their bonds illegally and contract new relations in despite of the law. By so permitting, the advocates of divorce hope to stem the torrent of evil which they say deluges some European continental nations where the proportion of illegitimate births is wofully excessive. The same thing, they maintain, is especially true of Spain, Italy, and, in a word, of all Catholic countries. Wherever divorce is not sanctioned by law dissoluteness, they affirm, is far greater than where divorces are granted. So the statistics seem to prove; and, in a spasm of virtue, believers in mere statistical figures denounce indissolubility as a stepping-stone to lust. We will grant the reliability of statistical reports for the nonce, and prove by them that, so far from immorality abounding in those countries where divorces are prohibited, a greater amount of immorality really exists in divorce countries, with the added immorality of a law which cloaks it. We know that passion, blind and impetuous, is the reigning force which orders the actions of those who contemplate emancipation from marriage bonds. Certainly they do not act under the inspiration of grace. When, therefore, they break loose from their unsuiting partners, it matters little to them whether the law approves or disapproves of their action, provided they can act with impunity. This impunity is guaranteed in most cases in countries where divorce is permitted, and new marriages, having all the seemingness of virtue, are contracted with the sanction of the law. In Catholic countries this is not permitted; new post-marital relations are branded as adulterous and their issue illegitimate. Is it any wonder, then, that illegitimacy is more prevalent in those countries where divorce is unknown than where caprice or crime can sever old bonds and weld new ones, all with the countenance of the law?
The only difference is that adultery and its consequences are called by their proper names in the former case, whereas in the latter an anti-Scriptural law retrieves them from stigma. And as there is in the human heart a disposition to do more frequently and more extensively what the law allows than what it prohibits, we may be sure that there are many more pseudo-marriages contracted in countries where divorce is permitted than there are adulteries where it is prohibited. Were, then, the mask of the law removed, we should find in the former more infamy and crime than even in those Catholic countries where the record of morality is lowest. There is one Catholic country in which divorce is a thing known only in name, and yet where even the illegitimacy which affects not to seek shelter behind the law is very much less than in the adjoining country, where divorces are frequently obtained. In Ireland the courts are most rarely troubled with such applications, and yet illicit relations on the part of married persons are fewer than in any country of Europe. Does not this fact evidently disprove the claim that absolute indissolubility is unfavorable to morality? While the Catholic Church holds to view on the one hand the indissolubility of marriage, and on the other the precept of conjugal chastity, and while even in one country she has established a higher rate of morality under those rigid conditions, it is evident her wisdom in this trying matter has been attested by the facts.