The Washington Historical Quarterly, Volume V, 1914Various
History
The Washington Historical Quarterly, Volume V, 1914
Various
Northwest, Pacific -- History -- Periodicals
A more sturdy type of man, who served as war governor, was William
Pickering. His views on the granting of legislative divorces is
but a voicing of the general sentiment. Prior to his arrival in
the territory, unhappy married people had usually applied to the
legislature for the granting of divorces. At nearly every session
one or more acts had been passed and the divorce business had been
particularly active during the two preceding sessions, at one of which
fifteen and the other seventeen such acts had been passed. Secretary
Turney, as acting governor, had declared against this practice in the
message he sent to legislature in December, 1861, but no attention
was paid to his recommendation that it be discontinued. Turney's
attitude on the question was expressed as follows: "All good citizens
acknowledge and respect the marriage relation. Yet, the interests of
society are often stabbed and stricken down, and public sentiment
outraged and insulted by disregarding that sanctity, in severing those
who have been united in wedlock's holy bands. Those ties should be
sundered only by courts of competent jurisdiction, and only for one
cause--the scriptural ground for a writing of divorcement."
Pickering's message was but a renewal of this recommendation and his
principal points were that the law declared marriage to be a civil
contract, all breaches or violations of which were proper subjects
for the judiciary alone. The courts alone could hear the testimony of
the parties and they alone could render final judgment and decree for
alimony and determine which of the parties should have the care and
custody of the minor children. Although sixteen divorces were granted
at this session, an act was passed at the succeeding session which
practically committed the granting of divorces to the courts, and the
practice of applying to the legislature was soon discontinued.
Pickering's position on the question, as brought out in his first
gubernatorial message to the legislature on December 17, 1862, was
as follows: "I should be recreant to the duty I owe to society, if I
failed to call your serious attention to the sad and immoral effects
growing out of the readiness with which our legislative assemblies
have heretofore annulled that most solemn contract of marriage.
Let me earnestly invoke you to stay the evils, which result from
the legislature granting divorces, thereby destroying the sacred
responsibilities and duties of husband and wife merely upon the
request, or petition, of one of the parties.
"Without intending to trespass upon your law making province, permit
me to suggest for your consideration the fact, that the present laws
declare marriage to be a civil contract; therefore all breaches or
violations of its conditions are proper subjects for the judiciary
alone, and not for legislative enactment on one side, or ex parte
statements.
Public-domain text, read in full here on John Shaqi.
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