A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
The radical reform of the administrative division of our matrimonial
laws on some such lines as those suggested will be a worthy task for
the future legislator. As a necessary antecedent of more detailed
action the official system should be entirely reconstructed. The
simplest mechanism is likely to prove the best. Its elements are
close at hand in the local constitution. Every county should be
divided into districts, for each of which a registrar should be
authorized to license, solemnize, and register all marriages
civilly contracted therein;[674] and to license, register, and
attend religious celebrations. His authority should be carefully
restricted to the district and no other person should be permitted
to share his functions. The district registrars should report at
short intervals to the county registrar, who in turn should annually
submit a summary of statistics to the registrar-general for the
state, by whom the local registrars should be commissioned. If
desirable for the sake of economy, especially in states of sparse
population, the collection and registry of all vital statistics
might be intrusted to the same series of officials.[675] The moral
influence of the creation of a distinct system, such as that
outlined, would itself be of great value. It would effectively
accent the high relative importance to society of matrimonial law
and of intelligent service in its administration.
[674] In his enlightening criticism of our matrimonial laws COOK,
"The Mar. Cel. in the U. S.," _Atlantic_, LXI, 688, has suggested
the division of the county into districts for the appointment of
registrars.
[675] In England the registration of births and deaths in the
district is intrusted to a separate registrar: Compare the
details of the British system as presented in chap. x, sec. iii.
By the law of Massachusetts towns of more than 2,000 inhabitants
may choose a separate registrar to record and license, but not to
celebrate, marriages: see chap, xvi, sec. i, _c_).
Aside from its public features, just considered, the future
matrimonial code of the United States will have to remedy numerous
defects in the substance of the law. These may be seen by reference
to the detailed examination elsewhere presented. In particular,
it will be necessary to get rid of the appalling chaos of state
regulations regarding void and voidable contracts. The absurd
conflicts touching the forbidden degrees of relationship are a
positive social menace. The most serious complications may arise.
For instance, a man and a woman who may be legally wed in the place
where they dwell might, should they move a mile across the state
line and then marry, be guilty of incestuous union and their
children become bastards. Surely it ought to be possible for an
enlightened people to agree upon a common rule in a matter of such
vital concern.[676]
[676] _Cf._ RICHBERG, _Incongruity of the Divorce Laws_, 65 ff.
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