Poverty Bay Herald. PUBLISHED EVERY EVENING. GISBORNE FRIDAY AUGUST 24 1894. THE DIVORCE BILL.
Tut proposed alterations m the existing Divorce law, which the Hon. Mr McGregor deairea, have formed th« subject of discussion m all the parts of the colony, and the greatest opposition to them has come from ecclesiastical quarters. Tho clergy both of the Anglican and Nonconformist churches have considered them, and have raised their voices m protest, on the grounds t hst Marriage Law § should be guided m accordance with scriptural injunctions. " Those whom God has joined together shall no man put asunder " is the ground upon which they bast) their objections to the proposal to legislate iv the direetiou of a happier condition of marital relations than is now provided for by our existing law. According to the clergy the only ground for divorce is that laid down m the New Testament— adultery. They argue that if other grounds are held to be sufficient for divorce, that the sanctity of the marriage tte will be involved, and the system of family life upon which the future of the nations depends will be endangered. We cannot see that this is likely to follow any wise measure which has for its object the termination of a contract which has become not only irksome, but perhaps positively dangerous to the parties to it. It can hardly be urged that when the rela tiona of married people are distinctly and permanently unhippy, that it is for the best interests of such parties that the relations should not only be permitted to continue, but should be enforced by law. Take for instance the case of an industrious, moral wife and mother, cursed with a drunken and dissolute husband, who not only is no protection to her, but is actually a source of perpetual worry, anxiety, and expense. Who dissipates his earnings and not only fails to contribute to her support, but often compels her to give up a portion of her hard earnings to enable him to contrhue his vicious career. Or tho case of a married couple when the husband has the criminal instinct so strong as to be a chronic or intermittent inmate of a gaol. Can it be said that m these cases the law b bould compel a continuance of conj U c,il relations? Any amendment of the Divorce law which would afford relief m these cases would not necessarily be mandatory, and the injured party of either sex would not perforce have to take advantage of them— but if voluntary the principle has a great deal to recommend it. In cases where the custody of children is concerned, it surely will not be advocated by the opponents to Divorce reform, that it is calculated to improve either their morals or manners to compel them to live with immoral parents ? Then, again, it is very unlikely that the reforms proposed m the Bill are likely to cause immorality, because m the great majority of marriages the parties would be m all probability just as faithful to each other, as the strength of their affinity, thoir sense of right, and the knowledge that unfaithfulness is a certain way of losing caste -to a*y nothing of the domestic advantages of a united and happy lifewould be powerful influences to prevent h rupture occurring. Unfortunately marriage as an institution is not regarded as of a gacred character by everyone and while tho vast majority fully acknowledge it, thero are a few to whom it is merely a matter of form. To the latter, no matter how stringent tho marriage lawn, it ia doubtful if the nuptial vow would be binding. Tho clergy have objected that m countries where a wider scope is allowed for divorce, that an increase of immorality has ensued, but the following extract from the Argun shows that this is certainly not the case m Victoria : - " The operation during the past two years of the new Divorce laws, as revealed from time to time by proceedings m the Supreme Court, is a distinct rebuke to ecclesiastical intolerance, and an equally emphatic triumph for practical common-sense. No reasonable man can say thai the effect of the Act has been to perceptibly lessen the sanctity of the marriage vow, or to undermine that family life which is well described as tho foundation of the State None of tho mischiefs predicted by timorous sticklers for what Shakespeare calla " a world-without-end bargain " hnvo bo far appeared. . . . Petitioner after polilioner has come to the Court complaining of having been left without support or eveu recognition for far more than the statutory period of three years. ... We venture to say that no observer, lay or clerical, who has investigAttd the merits of the instances under review, can refuse to applaud the new law, unless he first banishos from heart and diiud all traces of the milk of human kindness, and next resolves to approve a direct incitement to immorality." And if this testimony from the leading journal m the Southern Heraiiphere is insufficient, we have the followma remarks which appeared m the Melbourne Age :— " Mr ShieU has every reason o be satisfied with the working of the imended divorce law. One of the pnnci>al objecte he had m view was to afford belief to a numerous clues of unhappy *omen, who were wives merely m name, •nd yet were prohibited from hooently nating with ft more desirable partner. The records of the Court show that the cfc is proving an inimitable boon to the uffcrew. . • - Whatever a section .f the theologians may affirm, the moral conditions of the commnnity must be improved, »ot injured, by permitting such
w. non to rid thenisolve" of the entangleru >it of a false relationship, and enter on a t rue one, if se disposed." The condition* un<ler which we live now ire continually chnngit";, and the people regard all raatiiTH ft ■ . . : t a more common sense standpoint tlitn formerly. All enactments, having for their object the proper conduct of the sexes m. their relation to themselves, must m the future be framed m accordance with the will of the people, and nut to suit prejudices which flourished m the l»»st, but which are now regarded as calculated to retard the progreea «f the race.
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Bibliographic details
Poverty Bay Herald, Volume XXI, Issue 7063, 24 August 1894, Page 2
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1,048Poverty Bay Herald. PUBLISHED EVERY EVENING. GISBORNE FRIDAY AUGUST 24 1894. THE DIVORCE BILL. Poverty Bay Herald, Volume XXI, Issue 7063, 24 August 1894, Page 2
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