--with not a word about the two persons immediately concerned. Nor is
this strange, for marriage is not generally conceived of among either
primitive or highly civilized peoples as a personal relationship. It
is an economic arrangement, an alliance between families, a means for
getting children. To allow so unruly a passion as love to figure in
the selection of a mate, is an irregularity which may under certain
circumstances be tolerated, but one which is nevertheless likely to
be regarded with extreme disapproval. As individualism makes progress
against group-tyranny, the preliminaries and the actual contracting of
marriage become less the affair of God, the State, the family and the
community, and more the affair of the two people chiefly interested;
but once contracted, the marriage can hardly be said, even in the most
civilized community, to be free of considerable regulation by these
four influences. The time which Spencer foresaw, when “the union by
affection will be held of primary moment and the union by law as of
secondary moment,” has by no means arrived. If the married couple be
Roman Catholics, for example, they may not free themselves from an
unhappy marriage without paying the penalty of excommunication; and
if they live in a State dominated by the Catholic Church, they may be
legally estopped from freeing themselves at all. Nor may they, save by
continence, limit the number of their offspring without risking the
same penalty. If they are Episcopalians or Lutherans they may divorce
only on the ground of adultery, and the guilty party is forbidden to
remarry. In communities where the influence of other Protestant sects
predominates, and where, therefore, divorce and remarriage are not
formally forbidden by the Church, the pressure of public opinion may
yet operate to prevent them. The State not only prescribes the form
that marriage shall take, but it may also either prohibit divorce--as
in South Carolina, for example--or forbid it save in accordance with
such regulations as it sees fit to make; and these regulations are
not only of a kind that make divorce prohibitive to the poor, but
they are often so humiliating as to constitute an effective barrier
to the dissolution of unhappy unions. The State of New York offers an
excellent illustration. Adultery is the only ground upon which divorce
is allowed, and even then it may be refused if the action is taken by
mutual consent. The couple who wish to be divorced must therefore,
if there be no legal cause, go through the demoralizing business of
making a case, which means that one or the other must provide at least
the appearance of “misconduct”; and even then they are in danger of
being found in collusion. But suppose one party to be giving legal
ground; then the other party, in order to get proof, is obliged to
resort to the lowest kind of espionage. Such disreputable methods,
however much they be in keeping with the nature and practices of
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