State and Church play in such "holy matrimony" a by no means handsome
_role_. Whether the civil magistrate or clergyman, on whom may devolve
the duty to celebrate the marriage, be convinced that the bridal couple
before him has been brought together by the vilest of practices; whether
it be manifest that, neither in point of age nor that of bodily or
mental qualities, the two are compatible with each other; whether, for
instance, the bride be twenty and the bridegroom seventy years old, or
the reverse; whether the bride be young, handsome and joyful, and the
bridegroom old, ridden with disease and crabbed;--whatever the case, it
concerns not the representative of the State or the Church; it is not
for them to look into that. The marriage bond is "blessed,"--as a rule,
blessed with all the greater solemnity in proportion to the size of the
fee for the "holy office."
When, later, such a marriage proves a most unfortunate one--as foreseen
by everybody, by the ill-starred victim, in most instances the woman,
herself,--and either party decides to separate, then, State and
Church,--who never first inquire whether real love and natural, moral
impulses, or only naked, obscene egotism tie the knot--now raise the
greatest difficulties. At present, moral repulsion is but rarely
recognized a sufficient ground for separation; at present, only palpable
proofs, proofs that always dishonor or lower one of the parties in
public esteem, are, as a rule, demanded; separation is not otherwise
granted. That the Roman Catholic Church does not allow divorces,--except
by special dispensation of the Pope, which is hard to obtain, and, at
best, only from board and bed--only renders all the worse the
conditions, under which all Catholic countries are suffering. Germany
has the prospect of receiving, in the not too far distant future, a
civil code that shall embrace the whole Empire. It is, therefore, a
side-light upon our times that, although even the superficial observer
must reach the conclusion that at no previous period have unhappy
marriages been so numerous as now--a natural consequence of our whole
social development--the new draft for a civil code still renders divorce
materially difficult. It is but a fresh instance of the old
experience,--a social system, in the throes of dissolution, seeks to
keep itself up by artificial means and compulsion, and to deceive itself
upon its actual state. In declining Rome, marriage and births were
sought to be promoted by premiums: in the German Empire, whose social
order stands under a constellation similar with that of the decaying
Empire of the Caesars, it is now sought to prevent the ever more
frequent desire for the dissolution of marriage by means of forcible
constraints.
Public-domain text, read in full here on John Shaqi.
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