It is necessary to lay some stress on these points, because few realize the extent to which we proceed on the assumption that marriage is a short cut to perfect and permanent intimacy and affection. But there is a still more unworkable assumption which must be discarded before discussions of marriage can get into any sort of touch with the facts of life. That assumption is that the specific relation which marriage authorizes between the parties is the most intimate and personal of human relations, and embraces all the other high human relations. Now this is violently untrue. Every adult knows that the relation in question can and does exist between entire strangers, different in language, color, tastes, class, civilization, morals, religion, character: in everything, in short, except their bodily homology and the reproductive appetite common to all living organisms. Even hatred, cruelty, and contempt are not incompatible with it; and jealousy and murder are as near to it as affectionate friendship. It is true that it is a relation beset with wildly extravagant illusions for inexperienced people, and that even the most experienced people have not always sufficient analytic faculty to disentangle it from the sentiments, sympathetic or abhorrent, which may spring up through the other relations which are compulsorily attached to it by our laws, or sentimentally associated with it in romance. But the fact remains that the most disastrous marriages are those founded exclusively on it, and the most successful those in which it has been least considered, and in which the decisive considerations have had nothing to do with sex, such as liking, money, congeniality of tastes, similarity of habits, suitability of class, &c., &c.
It is no doubt necessary under existing circumstances for a woman without property to be sexually attractive, because she must get married to secure a livelihood; and the illusions of sexual attraction will cause the imagination of young men to endow her with every accomplishment and virtue that can make a wife a treasure. The attraction being thus constantly and ruthlessly used as a bait, both by individuals and by society, any discussion tending to strip it of its illusions and get at its real natural history is nervously discouraged. But nothing can well be more unwholesome for everybody than the exaggeration and glorification of an instinctive function which clouds the reason and upsets the judgment more than all the other instincts put together. The process may be pleasant and romantic; but the consequences are not. It would be far better for everyone, as well as far honester, if young people were taught that what they call love is an appetite which, like all other appetites, is destroyed for the moment by its gratification; that no profession, promise, or proposal made under its influence should bind anybody; and that its great natural purpose so completely transcends the personal interests of any individual or even of any ten generations of individuals that it should be held to be an act of prostitution and even a sort of blasphemy to attempt to turn it to account by exacting a personal return for its gratification, whether by process of law or not. By all means let it be the subject of contracts with society as to its consequences; but to make marriage an open trade in it as at present, with money, board and lodging, personal slavery, vows of eternal exclusive personal sentimentalities and the rest of it as the price, is neither virtuous, dignified, nor decent. No husband ever secured his domestic happiness and honor, nor has any wife ever secured hers, by relying on it. No private claims of any sort should be founded on it: the real point of honor is to take no corrupt advantage of it. When we hear of young women being led astray and the like, we find that what has led them astray is a sedulously inculcated false notion that the relation they are tempted to contract is so intensely personal, and the vows made under the influence of its transient infatuation so sacred and enduring, that only an atrociously wicked man could make light of or forget them. What is more, as the same fantastic errors are inculcated in men, and the conscientious ones therefore feel bound in honor to stand by what they have promised, one of the surest methods to obtain a husband is to practise on his susceptibilities until he is either carried away into a promise of marriage to which he can be legally held, or else into an indiscretion which he must repair by marriage on pain of having to regard himself as a scoundrel and a seducer, besides facing the utmost damage the lady's relatives can do him.
Such a transaction is not an entrance into a "holy state of matrimony": it is as often as not the inauguration of a lifelong squabble, a corroding grudge, that causes more misery and degradation of character than a dozen entirely natural "desertions" and "betrayals." Yet the number of marriages effected more or less in this way must be enormous. When people say that love should be free, their words, taken literally, may be foolish; but they are only expressing inaccurately a very real need for the disentanglement of sexual relations from a mass of exorbitant and irrelevant conditions imposed on them on false pretences to enable needy parents to get their daughters "off their hands" and to keep those who are already married effectually enslaved by one another.
One of the consequences of basing marriage on the considerations stated with cold abhorrence by Saint Paul in the seventh chapter of his epistle to the Corinthians, as being made necessary by the unlikeness of most men to himself, is that the sex slavery involved has become complicated by economic slavery; so that whilst the man defends marriage because he is really defending his pleasures, the woman is even more vehement on the same side because she is defending her only means of livelihood. To a woman without property or marketable talent a husband is more necessary than a master to a dog. There is nothing more wounding to our sense of human dignity than the husband hunting that begins in every family when the daughters become marriageable; but it is inevitable under existing circumstances; and the parents who refuse to engage in it are bad parents, though they may be superior individuals. The cubs of a humane tigress would starve; and the daughters of women who cannot bring themselves to devote several years of their lives to the pursuit of sons-in-law often have to expatiate their mother's squeamishness by life-long celibacy and indigence. To ask a young man his intentions when you know he has no intentions, but is unable to deny that he has paid attentions; to threaten an action for breach of promise of marriage; to pretend that your daughter is a musician when she has with the greatest difficulty been coached into playing three piano-forte pieces which she loathes; to use your own mature charms to attract men to the house when your daughters have no aptitude for that department of sport; to coach them, when they have, in the arts by which men can be led to compromize themselves; and to keep all the skeletons carefully locked up in the family cupboard until the prey is duly hunted down and bagged: all this is a mother's duty today; and a very revolting duty it is: one that disposes of the conventional assumption that it is in the faithful discharge of her home duties that a woman finds her self-respect. The truth is that family life will never be decent, much less ennobling, until this central horror of the dependence of women on men is done away with. At present it reduces the difference between marriage and prostitution to the difference between Trade Unionism and unorganized casual labor: a huge difference, no doubt, as to order and comfort, but not a difference in kind.
However, it is not by any reform of the marriage laws that this can be dealt with. It is in the general movement for the prevention of destitution that the means for making women independent of the compulsory sale of their persons, in marriage or otherwise, will be found; but meanwhile those who deal specifically with the marriage laws should never allow themselves for a moment to forget this abomination that "plucks the rose from the fair forehead of an innocent love, and sets a blister there," and then calmly calls itself purity, home, motherhood, respectability, honor, decency, and any other fine name that happens to be convenient, not to mention the foul epithets it hurls freely at those who are ashamed of it.
Unfortunately it is very hard to make an average citizen take impersonal views of any sort in matters affecting personal comfort or conduct. We may be enthusiastic Liberals or Conservatives without any hope of seats in Parliament, knighthoods, or posts in the Government, because party politics do not make the slightest difference in our daily lives and therefore cost us nothing. But to take a vital process in which we are keenly interested personal instruments, and ask us to regard it, and feel about it, and legislate on it, wholly as if it were an impersonal one, is to make a higher demand than most people seem capable of responding to. We all have personal interests in marriage which we are not prepared to sink. It is not only the women who want to get married: the men do too, sometimes on sentimental grounds, sometimes on the more sordid calculation that bachelor life is less comfortable and more expensive, since a wife pays for her status with domestic service as well as with the other services expected of her. Now that children are avoidable, this calculation is becoming more common and conscious than it was: a result which is regarded as "a steady improvement in general morality."
There is, too, a really appalling prevalence of the superstition that the sexual instinct in men is utterly promiscuous, and that the least relaxation of law and custom must produce a wild outbreak of licentiousness. As far as our moralists can grasp the proposition that we should deal with the sexual relation as impersonal, it seems to them to mean that we should encourage it to be promiscuous: hence their recoil from it. But promiscuity and impersonality are not the same thing. No man ever fell in love with the entire female sex, nor any woman with the entire male sex. We often do not fall in love at all; and when we do we fall in love with one person and remain indifferent to thousands of others who pass before our eyes every day. Selection, carried even to such fastidiousness as to induce people to say quite commonly that there is only one man or woman in the world for them, is the rule in nature. If anyone doubts this, let him open a shop for the sale of picture postcards, and, when an enamoured lady customer demands a portrait of her favorite actor or a gentleman of his favorite actress, try to substitute some other portrait on the ground that since the sexual instinct is promiscuous, one portrait is as pleasing as another. I suppose no shopkeeper has ever been foolish enough to do such a thing; and yet all our shopkeepers, the moment a discussion arises on marriage, will passionately argue against all reform on the ground that nothing but the most severe coercion can save their wives and daughters from quite indiscriminate rapine.
Our relief at the morality of the reassurance that man is not promiscuous in his fancies must not blind us to the fact that he is (to use the word coined by certain American writers to describe themselves) something of a Varietist. Even those who say there is only one man or woman in the world for them, find that it is not always the same man or woman. It happens that our law permits us to study this phenomenon among entirely law-abiding people. I know one lady who has been married five times. She is, as might be expected, a wise, attractive, and interesting woman. The question is, is she wise, attractive, and interesting because she has been married five times, or has she been married five times because she is wise, attractive, and interesting? Probably some of the truth lies both ways. I also know of a household consisting of three families, A having married first B, and then C, who afterwards married D. All three unions were fruitful; so that the children had a change both of fathers and mothers. Now I cannot honestly say that these and similar cases have convinced me that people are the worse for a change. The lady who has married and managed five husbands must be much more expert at it than most monogamic ladies; and as a companion and counsellor she probably leaves them nowhere. Mr Kipling's question,
"What can they know of England that only England know?"
disposes not only of the patriots who are so patriotic that they never leave their own country to look at another, but of the citizens who are so domestic that they have never married again and never loved anyone except their own husbands and wives. The domestic doctrinaires are also the dull people. The impersonal relation of sex may be judicially reserved for one person; but any such reservation of friendship, affection, admiration, sympathy and so forth is only possible to a wretchedly narrow and jealous nature; and neither history nor contemporary society shews us a single amiable and respectable character capable of it. This has always been recognized in cultivated society: that is why poor people accuse cultivated society of profligacy, poor people being often so ignorant and uncultivated that they have nothing to offer each other but the sex relationship, and cannot conceive why men and women should associate for any other purpose.
As to the children of the triple household, they were not only on excellent terms with one another, and never thought of any distinction between their full and their half brothers and sisters; but they had the superior sociability which distinguishes the people who live in communities from those who live in small families.
The inference is that changes of partners are not in themselves injurious or undesirable. People are not demoralized by them when they are effected according to law. Therefore we need not hesitate to alter the law merely because the alteration would make such changes easier.
On the other hand, we have all seen the bonds of marriage vilely abused by people who are never classed with shrews and wife-beaters: they are indeed sometimes held up as models of domesticity because they do not drink nor gamble nor neglect their children nor tolerate dirt and untidiness, and because they are not amiable enough to have what are called amiable weaknesses. These terrors conceive marriage as a dispensation from all the common civilities and delicacies which they have to observe among strangers, or, as they put it, "before company." And here the effects of indissoluble marriage-for-better-for-worse are very plainly and disagreeably seen. If such people took their domestic manners into general society, they would very soon find themselves without a friend or even an acquaintance in the world. There are women who, through total disuse, have lost the power of kindly human speech and can only scold and complain: there are men who grumble and nag from inveterate habit even when they are comfortable. But their unfortunate spouses and children cannot escape from them.
What is more, they are protected from even such discomfort as the dislike of his prisoners may cause to a gaoler by the hypnotism of the convention that the natural relation between husband and wife and parent and child is one of intense affection, and that to feel any other sentiment towards a member of one's family is to be a monster. Under the influence of the emotion thus manufactured the most detestable people are spoilt with entirely undeserved deference, obedience, and even affection whilst they live, and mourned when they die by those whose lives they wantonly or maliciously made miserable. And this is what we call natural conduct. Nothing could well be less natural. That such a convention should have been established shews that the indissolubility of marriage creates such intolerable situations that only by beglamoring the human imagination with a hypnotic suggestion of wholly unnatural feelings can it be made to keep up appearances.
If the sentimental theory of family relationship encourages bad manners and personal slovenliness and uncleanness in the home, it also, in the case of sentimental people, encourages the practice of rousing and playing on the affections of children prematurely and far too frequently. The lady who says that as her religion is love, her children shall be brought up in an atmosphere of love, and institutes a system of sedulous endearments and exchanges of presents and conscious and studied acts of artificial kindness, may be defeated in a large family by the healthy derision and rebellion of children who have acquired hardihood and common sense in their conflicts with one another. But the small families, which are the rule just now, succumb more easily; and in the case of a single sensitive child the effect of being forced in a hothouse atmosphere of unnatural affection may be disastrous.
In short, whichever way you take it, the convention that marriage and family relationship produces special feelings which alter the nature of human intercourse is a mischievous one. The whole difficulty of bringing up a family well is the difficulty of making its members behave as considerately at home as on a visit in a strange house, and as frankly, kindly, and easily in a strange house as at home. In the middle classes, where the segregation of the artificially limited family in its little brick box is horribly complete, bad manners, ugly dresses, awkwardness, cowardice, peevishness, and all the petty vices of unsociability flourish like mushrooms in a cellar. In the upper class, where families are not limited for money reasons; where at least two houses and sometimes three or four are the rule (not to mention the clubs); where there is travelling and hotel life; and where the men are brought up, not in the family, but in public schools, universities, and the naval and military services, besides being constantly in social training in other people's houses, the result is to produce what may be called, in comparison with the middle class, something that might almost pass as a different and much more sociable species. And in the very poorest class, where people have no homes, only sleeping places, and consequently live practically in the streets, sociability again appears, leaving the middle class despised and disliked for its helpless and offensive unsociability as much by those below it as those above it, and yet ignorant enough to be proud of it, and to hold itself up as a model for the reform of the (as it considers) elegantly vicious rich and profligate poor alike.
Without pretending to exhaust the subject, I have said enough to make it clear that the moment we lose the desire to defend our present matrimonial and family arrangements, there will be no difficulty in making out an overwhelming case against them. No doubt until then we shall continue to hold up the British home as the Holy of Holies in the temple of honorable motherhood, innocent childhood, manly virtue, and sweet and wholesome national life. But with a clever turn of the hand this holy of holies can be exposed as an Augean stable, so filthy that it would seem more hopeful to burn it down than to attempt to sweep it out. And this latter view will perhaps prevail if the idolaters of marriage persist in refusing all proposals for reform and treating those who advocate it as infamous delinquents. Neither view is of any use except as a poisoned arrow in a fierce fight between two parties determined to discredit each other with a view to obtaining powers of legal coercion over one another.
The best way to avert such a struggle is to open the eyes of the thoughtlessly conventional people to the weakness of their position in a mere contest of recrimination. Hitherto they have assumed that they have the advantage of coming into the field without a stain on their characters to combat libertines who have no character at all. They conceive it to be their duty to throw mud; and they feel that even if the enemy can find any mud to throw, none of it will stick. They are mistaken. There will be plenty of that sort of ammunition in the other camp; and most of it will stick very hard indeed. The moral is, do not throw any. If we can imagine Shelley and Queen Victoria arguing out their differences in another world, we may be sure that the Queen has long ago found that she cannot settle the question by classing Shelley with George IV. as a bad man; and Shelley is not likely to have called her vile names on the general ground that as the economic dependence of women makes marriage a money bargain in which the man is the purchaser and the woman the purchased, there is no essential difference between a married woman and the woman of the streets. Unfortunately, all the people whose methods of controversy are represented by our popular newspapers are not Queen Victorias and Shelleys. A great mass of them, when their prejudices are challenged, have no other impulse than to call the challenger names, and, when the crowd seems to be on their side, to maltreat him personally or hand him over to the law, if he is vulnerable to it. Therefore I cannot say that I have any certainty that the marriage question will be dealt with decently and tolerantly. But dealt with it will be, decently or indecently; for the present state of things in England is too strained and mischievous to last. Europe and America have left us a century behind in this matter.
The political emancipation of women is likely to lead to a comparatively stringent enforcement by law of sexual morality (that is why so many of us dread it); and this will soon compel us to consider what our sexual morality shall be. At present a ridiculous distinction is made between vice and crime, in order that men may be vicious with impunity. Adultery, for instance, though it is sometimes fiercely punished by giving an injured husband crushing damages in a divorce suit (injured wives are not considered in this way), is not now directly prosecuted; and this impunity extends to illicit relations between unmarried persons who have reached what is called the age of consent. There are other matters, such as notification of contagious disease and solicitation, in which the hand of the law has been brought down on one sex only. Outrages which were capital offences within the memory of persons still living when committed on women outside marriage, can still be inflicted by men on their wives without legal remedy. At all such points the code will be screwed up by the operation of Votes for Women, if there be any virtue in the franchise at all. The result will be that men will find the more ascetic side of our sexual morality taken seriously by the law. It is easy to foresee the consequences. No man will take much trouble to alter laws which he can evade, or which are either not enforced or enforced on women only. But when these laws take him by the collar and thrust him into prison, he suddenly becomes keenly critical of them, and of the arguments by which they are supported. Now we have seen that our marriage laws will not stand criticism, and that they have held out so far only because they are so worked as to fit roughly our state of society, in which women are neither politically nor personally free, in which indeed women are called womanly only when they regard themselves as existing solely for the use of men. When Liberalism enfranchises them politically, and Socialism emancipates them economically, they will no longer allow the law to take immorality so easily. Both men and women will be forced to behave morally in sex matters; and when they find that this is inevitable they will raise the question of what behavior really should be established as moral. If they decide in favor of our present professed morality they will have to make a revolutionary change in their habits by becoming in fact what they only pretend to be at present. If, on the other hand, they find that this would be an unbearable tyranny, without even the excuse of justice or sound eugenics, they will reconsider their morality and remodel the law.
Monogamy has a sentimental basis which is quite distinct from the political one of equal numbers of the sexes. Equal numbers in the sexes are quite compatible with a change of partners every day or every hour Physically there is nothing to distinguish human society from the farm-yard except that children are more troublesome and costly than chickens and calves, and that men and women are not so completely enslaved as farm stock. Accordingly, the people whose conception of marriage is a farm-yard or slave-quarter conception are always more or less in a panic lest the slightest relaxation of the marriage laws should utterly demoralize society; whilst those to whom marriage is a matter of more highly evolved sentiments and needs (sometimes said to be distinctively human, though birds and animals in a state of freedom evince them quite as touchingly as we) are much more liberal, knowing as they do that monogamy will take care of itself provided the parties are free enough, and that promiscuity is a product of slavery and not of liberty.
The solid foundation of their confidence is the fact that the relationship set up by a comfortable marriage is so intimate and so persuasive of the whole life of the parties to it, that nobody has room in his or her life for more than one such relationship at a time. What is called a household of three is never really of three except in the sense that every household becomes a household of three when a child is born, and may in the same way become a household of four or fourteen if the union be fertile enough. Now no doubt the marriage tie means so little to some people that the addition to the household of half a dozen more wives or husbands would be as possible as the addition of half a dozen governesses or tutors or visitors or servants. A Sultan may have fifty wives as easily as he may have fifty dishes on his table, because in the English sense he has no wives at all; nor have his wives any husband: in short, he is not what we call a married man. And there are sultans and sultanas and seraglios existing in England under English forms. But when you come to the real modern marriage of sentiment, a relation is created which has never to my knowledge been shared by three persons except when all three have been extraordinarily fond of one another. Take for example the famous case of Nelson and Sir William and Lady Hamilton. The secret of this household of three was not only that both the husband and Nelson were devoted to Lady Hamilton, but that they were also apparently devoted to one another. When Hamilton died both Nelson and Emma seem to have been equally heartbroken. When there is a successful household of one man and two women the same unusual condition is fulfilled: the two women not only cannot live happily without the man but cannot live happily without each other. In every other case known to me, either from observation or record, the experiment is a hopeless failure: one of the two rivals for the really intimate affection of the third inevitably drives out the other. The driven-out party may accept the situation and remain in the house as a friend to save appearances, or for the sake of the children, or for economic reasons; but such an arrangement can subsist only when the forfeited relation is no longer really valued; and this indifference, like the triple bond of affection which carried Sir William Hamilton through, is so rare as to be practicably negligible in the establishment of a conventional morality of marriage. Therefore sensible and experienced people always assume that when a declaration of love is made to an already married person, the declaration binds the parties in honor never to see one another again unless they contemplate divorce and remarriage. And this is a sound convention, even for unconventional people. Let me illustrate by reference to a fictitious case: the one imagined in my own play Candida will do as well as another. Here a young man who has been received as a friend into the house of a clergyman falls in love with the clergyman's wife, and, being young and inexperienced, declares his feelings, and claims that he, and not the clergyman, is the more suitable mate for the lady. The clergyman, who has a temper, is first tempted to hurl the youth into the street by bodily violence: an impulse natural, perhaps, but vulgar and improper, and, not open, on consideration, to decent men. Even coarse and inconsiderate men are restrained from it by the fact that the sympathy of the woman turns naturally to the victim of physical brutality and against the bully, the Thackerayan notion to the contrary being one of the illusions of literary masculinity. Besides, the husband is not necessarily the stronger man: an appeal to force has resulted in the ignominious defeat of the husband quite as often as in poetic justice as conceived in the conventional novelet. What an honorable and sensible man does when his household is invaded is what the Reverend James Mavor Morell does in my play. He recognizes that just as there is not room for two women in that sacredly intimate relation of sentimental domesticity which is what marriage means to him, so there is no room for two men in that relation with his wife; and he accordingly tells her firmly that she must choose which man will occupy the place that is large enough for one only. He is so far shrewdly unconventional as to recognize that if she chooses the other man, he must give way, legal tie or no legal tie; but he knows that either one or the other must go. And a sensible wife would act in the same way. If a romantic young lady came into her house and proposed to adore her husband on a tolerated footing, she would say "My husband has not room in his life for two wives: either you go out of the house or I go out of it." The situation is not at all unlikely: I had almost said not at all unusual. Young ladies and gentlemen in the greensickly condition which is called calf-love, associating with married couples at dangerous periods of mature life, quite often find themselves in it; and the extreme reluctance of proud and sensitive people to avoid any assertion of matrimonial rights, or to condescend to jealousy, sometimes makes the threatened husband or wife hesitate to take prompt steps and do the apparently conventional thing. But whether they hesitate or act the result is always the same. In a real marriage of sentiment the wife or husband cannot be supplanted by halves; and such a marriage will break very soon under the strain of polygyny or polyandry. What we want at present is a sufficiently clear teaching of this fact to ensure that prompt and decisive action shall always be taken in such cases without any false shame of seeming conventional (a shame to which people capable of such real marriage are specially susceptible), and a rational divorce law to enable the marriage to be dissolved and the parties honorably resorted and recoupled without disgrace and scandal if that should prove the proper solution.
It must be repeated here that no law, however stringent, can prevent polygamy among groups of people who choose to live loosely and be monogamous only in appearance. But such cases are not now under consideration. Also, affectionate husbands like Samuel Pepys, and affectionate wives of the corresponding temperaments may, it appears, engage in transient casual adventures out of doors without breaking up their home life. But within doors that home life may be regarded as naturally monogamous. It does not need to be protected against polygamy: it protects itself.
All this has an important bearing on the question of divorce. Divorce reformers are so much preoccupied with the injustice of forbidding a woman to divorce her husband for unfaithfulness to his marriage vow, whilst allowing him that power over her, that they are apt to overlook the pressing need for admitting other and far more important grounds for divorce. If we take a document like Pepys' Diary, we learn that a woman may have an incorrigibly unfaithful husband, and yet be much better off than if she had an ill-tempered, peevish, maliciously sarcastic one, or was chained for life to a criminal, a drunkard, a lunatic, an idle vagrant, or a person whose religious faith was contrary to her own. Imagine being married to a liar, a borrower, a mischief maker, a teaser or tormentor of children and animals, or even simply to a bore! Conceive yourself tied for life to one of the perfectly "faithful" husbands who are sentenced to a month's imprisonment occasionally for idly leaving their wives in childbirth without food, fire, or attendance! What woman would not rather marry ten Pepyses? what man a dozen Nell Gwynnes? Adultery, far from being the first and only ground for divorce, might more reasonably be made the last, or wholly excluded. The present law is perfectly logical only if you once admit (as no decent person ever does) its fundamental assumption that there can be no companionship between men and women because the woman has a "sphere" of her own, that of housekeeping, in which the man must not meddle, whilst he has all the rest of human activity for his sphere: the only point at which the two spheres touch being that of replenishing the population. On this assumption the man naturally asks for a guarantee that the children shall be his because he has to find the money to support them. The power of divorcing a woman for adultery is this guarantee, a guarantee that she does not need to protect her against a similar imposture on his part, because he cannot bear children. No doubt he can spend the money that ought to be spent on her children on another woman and her children; but this is desertion, which is a separate matter. The fact for us to seize is that in the eye of the law, adultery without consequences is merely a sentimental grievance, whereas the planting on one man of another man's offspring is a substantial one. And so, no doubt, it is; but the day has gone by for basing laws on the assumption that a woman is less to a man than his dog, and thereby encouraging and accepting the standards of the husbands who buy meat for their bull-pups and leave their wives and children hungry. That basis is the penalty we pay for having borrowed our religion from the East, instead of building up a religion of our own out of our western inspiration and western sentiment. The result is that we all believe that our religion is on its last legs, whereas the truth is that it is not yet born, though the age walks visibly pregnant with it. Meanwhile, as women are dragged down by their oriental servitude to our men, and as, further, women drag down those who degrade them quite as effectually as men do, there are moments when it is difficult to see anything in our sex institutions except a police des moeurs keeping the field for a competition as to which sex shall corrupt the other most.
Any tolerable western divorce law must put the sentimental grievances first, and should carefully avoid singling out any ground of divorce in such a way as to create a convention that persons having that ground are bound in honor to avail themselves of it. It is generally admitted that people should not be encouraged to petition for a divorce in a fit of petulance. What is not so clearly seen is that neither should they be encouraged to petition in a fit of jealousy, which is certainly the most detestable and mischievous of all the passions that enjoy public credit. Still less should people who are not jealous be urged to behave as if they were jealous, and to enter upon duels and divorce suits in which they have no desire to be successful. There should be no publication of the grounds on which a divorce is sought or granted; and as this would abolish the only means the public now has of ascertaining that every possible effort has been made to keep the couple united against their wills, such privacy will only be tolerated when we at last admit that the sole and sufficient reason why people should be granted a divorce is that they want one. Then there will be no more reports of divorce cases, no more letters read in court with an indelicacy that makes every sensitive person shudder and recoil as from a profanation, no more washing of household linen, dirty or clean, in public. We must learn in these matters to mind our own business and not impose our individual notions of propriety on one another, even if it carries us to the length of openly admitting what we are now compelled to assume silently, that every human being has a right to sexual experience, and that the law is concerned only with parentage, which is now a separate matter.
The one question that should never be put to a petitioner for divorce is "Why?" When a man appeals to a magistrate for protection from someone who threatens to kill him, on the simple ground that he desires to live, the magistrate might quite reasonably ask him why he desires to live, and why the person who wishes to kill him should not be gratified. Also whether he can prove that his life is a pleasure to himself or a benefit to anyone else, and whether it is good for him to be encouraged to exaggerate the importance of his short span in this vale of tears rather than to keep himself constantly ready to meet his God.
The only reason for not raising these very weighty points is that we find society unworkable except on the assumption that every man has a natural right to live. Nothing short of his own refusal to respect that right in others can reconcile the community to killing him. From this fundamental right many others are derived. The American Constitution, one of the few modern political documents drawn up by men who were forced by the sternest circumstances to think out what they really had to face instead of chopping logic in a university classroom, specifies "liberty and the pursuit of happiness" as natural rights. The terms are too vague to be of much practical use; for the supreme right to life, extended as it now must be to the life of the race, and to the quality of life as well as to the mere fact of breathing, is making short work of many ancient liberties, and exposing the pursuit of happiness as perhaps the most miserable of human occupations. Nevertheless, the American Constitution roughly expresses the conditions to which modern democracy commits us. To impose marriage on two unmarried people who do not desire to marry one another would be admittedly an act of enslavement. But it is no worse than to impose a continuation of marriage on people who have ceased to desire to be married. It will be said that the parties may not agree on that; that one may desire to maintain the marriage the other wishes to dissolve. But the same hardship arises whenever a man in love proposes marriage to a woman and is refused. The refusal is so painful to him that he often threatens to kill himself and sometimes even does it. Yet we expect him to face his ill luck, and never dream of forcing the woman to accept him. His case is the same as that of the husband whose wife tells him she no longer cares for him, and desires the marriage to be dissolved. You will say, perhaps, if you are superstitious, that it is not the same—that marriage makes a difference. You are wrong: there is no magic in marriage. If there were, married couples would never desire to separate. But they do. And when they do, it is simple slavery to compel them to remain together.
The husband, then, is to be allowed to discard his wife when he is tired of her, and the wife the husband when another man strikes her fancy? One must reply unhesitatingly in the affirmative; for if we are to deny every proposition that can be stated in offensive terms by its opponents, we shall never be able to affirm anything at all. But the question reminds us that until the economic independence of women is achieved, we shall have to remain impaled on the other horn of the dilemma and maintain marriage as a slavery. And here let me ask the Government of the day (1910) a question with regard to the Labor Exchanges it has very wisely established throughout the country. What do these Exchanges do when a woman enters and states that her occupation is that of a wife and mother; that she is out of a job; and that she wants an employer? If the Exchanges refuse to entertain her application, they are clearly excluding nearly the whole female sex from the benefit of the Act. If not, they must become matrimonial agencies, unless, indeed, they are prepared to become something worse by putting the woman down as a housekeeper and introducing her to an employer without making marriage a condition of the hiring.
Suppose, again, a woman presents herself at the Labor Exchange, and states her trade as that of a White Slave, meaning the unmentionable trade pursued by many thousands of women in all civilized cities. Will the Labor Exchange find employers for her? If not, what will it do with her? If it throws her back destitute and unhelped on the streets to starve, it might as well not exist as far as she is concerned; and the problem of unemployment remains unsolved at its most painful point. Yet if it finds honest employment for her and for all the unemployed wives and mothers, it must find new places in the world for women; and in so doing it must achieve for them economic independence of men. And when this is done, can we feel sure that any woman will consent to be a wife and mother (not to mention the less respectable alternative) unless her position is made as eligible as that of the women for whom the Labor Exchanges are finding independent work? Will not many women now engaged in domestic work under circumstances which make it repugnant to them, abandon it and seek employment under other circumstances? As unhappiness in marriage is almost the only discomfort sufficiently irksome to induce a woman to break up her home, and economic dependence the only compulsion sufficiently stringent to force her to endure such unhappiness, the solution of the problem of finding independent employment for women may cause a great number of childless unhappy marriages to break up spontaneously, whether the marriage laws are altered or not. And here we must extend the term childless marriages to cover households in which the children have grown up and gone their own way, leaving the parents alone together: a point at which many worthy couples discover for the first time that they have long since lost interest in one another, and have been united only by a common interest in their children. We may expect, then, that marriages which are maintained by economic pressure alone will dissolve when that pressure is removed; and as all the parties to them will certainly not accept a celibate life, the law must sanction the dissolution in order to prevent a recurrence of the scandal which has moved the Government to appoint the Commission now sitting to investigate the marriage question: the scandal, that is, of a great number matter of the evils of our marriage law, to take care of the pence and let the pounds take care of themselves. The crimes and diseases of marriage will force themselves on public attention by their own virulence. I mention them here only because they reveal certain habits of thought and feeling with regard to marriage of which we must rid ourselves if we are to act sensibly when we take the necessary reforms in hand.