American fiction -- 20th century; Divorce -- Fiction; Married people -- Fiction; Rich people -- Fiction
"I do not justify the defects in some of the legal machinery, and to
this extent I agree that society is derelict. But what I wish to make
clear is that nearly all the legal grounds for divorce in the several
states are just and reasonable--substantially the same as in this
State--and that the abuses against which they afford relief are such as
render the relation of husband and wife intolerable. There are a few
vague and lax exceptions such as you have cited, but they are fast
disappearing. The real and the salient evil lies in the looseness of
administration sanctioned in some jurisdictions, by means of which
collusive divorces are obtained by pretended residents, and close
scrutiny of the facts is avoided by the courts. To permit legal
domicile to be acquired by a residence of three months, as in Dakota,
is a flagrant invitation to fraud; but that and kindred abuses are
defects in the police power, and have only a collateral bearing on the
main issue between us, which is whether democracy can ever be induced
to reconsider its decision that it is for the best interests of human
nature that the innocent wife or husband, to whom a cruel wrong has
been done, should be free to break the bond and marry again. There is
the real question, Mr. Prentiss. You as a churchman--a foreign
churchman I still claim--demand that the woman whose life has been
blighted by a husband's brutality, sentenced for heinous crime,
abandonment, or degrading abuse of liquor should remain his wife to the
end, though he has killed every spark of love in her soul. The Church
will never be able to convince the American people or modern democracy
that this is spiritual or just."
"And yet a man who has been prohibited by the courts of New York from
marrying again has merely to step into New Jersey and his marriage
there will be recognized and upheld by the courts of New York. But
that you will probably describe as another instance of defect in the
police power. The line which you draw is evidently that which any
particular body of people--sovereign states I believe they call
them--sees fit to establish. The logical outcome of such a theory can
only be social chaos. The sanctity of the home is fundamentally
imperilled thereby."
"And yet," said Gordon, "the family life of the American people
compares favorably with that of any nation in affection, morality, and
happiness. More than three-fourths of the applicants for divorce in
the United States are women. They have thrown off the yoke of docile
suffering which the convention of the centuries has fastened upon them."
"Some of them," interposed the rector with spirited incisiveness. "The
shallow, the self-indulgent, the indelicate, the earthly minded. There
are many who are still true to the behests of the spirit," he added
significantly. It was doubtless an agreeable reflection to him that
the one woman in the world for his antagonist was among the faithful.
Public-domain text, read in full here on John Shaqi.
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