* "It may suffice, in illustration of Pétion's character, toquote the touching inscription found on his tomb—'Here liesPétion, who enjoyed for twelve years absolute power, andduring that period never caused one tear to flow.'"** "Boyer's resolution in this matter is the moreremarkable, as he has been urged and pestered to submit tothe forms of marriage. Grégoire, archbishop of Blois, andwho is well known for the perseverance and benevolence withwhich he has, for a long series of years, advocated thecause of the African race, wrote to the president of Haytiin the most urgent terms, pressing upon him the virtue—thenecessity, for his salvation—of conforming to the sacramentof marriage. To such a degree did the good old archbishopcarry his intermeddling officiousness, that when Boyermildly but firmly declined availing himself of his grace'sadvice, a rupture was the consequence, greatly to the sorrowof the president, who had ever entertained the greatestrespect and affection for his ecclesiastical friend."
"I imagine I hear from the clerical supporters of orthodoxy one general burst of indignation at this sample of national profligacy; at this contemning of the laws of God and man; at this escape from the Church's ceremonies and the ecclesiastical blessing. I imagine I hear the question sneeringly put, how long these samerespectableconnections commonly last, and how many dozen times they are changed in the course of a year.
"Gently, my reverend friends! it is natural you should find it wrong that men and women dispense with your services and curtail your fees in this matter. But it is neither just nor proper, that because no prayers are said, and no fees paid, you should denounce the custom as a profligate one. Learn (as I did the other day from an intelligent French gentleman who had remained some time on the island)—learn, thatalthough there are ten times as many placed as married, yet there are actually fewer separations among the former than divorces among the latter. If constancy, then, is to be the criterion of morality, these same profligate unions—that is, unions unprayed-for by the priest and unpaid for to him—are ten times as moral as the religion-sanctioned institution of marriage.
"But this is not all. It is a fact notorious in Hayti, that libertinism is far more common among the married than among the placed. The explanatory cause is easily found. A placement secures to the consenting couple nolegalright over one another. They remain together, as it were, on good behaviour. Not only positive tyranny or downright viragoism, but petulant peevishness or selfish ill humour, are sufficient causes of separation. As such, they are avoided with sedulous care. The natural consequence is, that the unions are usually happy, and that each being comfortable at home, is not on the search for excitement abroad. In indissoluble marriage, on the contrary, if the parties should happen to disagree, their first jarrings are unchecked by considerations of consequences. A husband may be as tyrannical as to him seems good; he remains a lord and master still; a wife may be as pettish as she pleases; she does not thereby forfeit the rights and privileges of a wife. Thus, ill humour is encouraged by being legalized, and the natural results ensue, alienation of the heart, and sundering of the affections. The wife seeks relief in fashionable dissipation; the husband, perhaps, in the brutalities of a brothel.
"But, aside from all explanatory theories, the fact is, as I have stated it, viz.: that (taking the proportion of each into account)there are ten legal separations of the married, for one voluntary separation of the placed. If anyone doubts it, let him inquire for himself, and he will doubt no longer.
"What say you to that fact, my reverend friends? How consorts it with your favourite theory, that man is a profligate animal, a desperately wicked creature? that, but for your prayers and blessings, the earth would be a scene of licentiousness and excess? that human beings remain together, only because you have helped to tie them? that there is no medium between priestly marriage and unseemly prostitution?
"Does this fact open your eyes a little on the real state of things to which we heterodox spirits venture to look forward? Does it assist in explaining to you how it is that we are so much more willing than you to entrust the most sacred duties to moral rather than legal keeping?
"You cannot imagine that a man and a woman, finding themselves suited to each other, should agree, without your interference, to become companions; that he should remove to her plantation, or she to his, as they found it most convenient; that the connection should become known to their friends without the agency of banns, and be respected, even though not ostentatiously announced in a newspaper. Yet all this happens in Hayti, without any breach of propriety, without any increase of vice; but, on the contrary, much to the benefit of morality, and the discouragement of prostitution. It happens among the white as well as the coloured population; and the president of the country gives it his sanction, in his own person.
"Do you still ask me—accustomed as you are to consider virtue the offspring of restrictions—do you still ask me, what the checks are that produce and preserve such a state of things? I reply, good feeling and public opinion. Continual change is held to be disreputable; where sincere and well-founded affection exists, it is not desired; and as there is no pecuniary inducement in forming a placement, these voluntary unions are seldom ill-assorted."
Where social anarchy is feared, facts like these are worth pages of argument. If the Haytians are civilised enough for this more moral kind of marriage, why should Europeans be on a lower level? For it should not be forgotten that the experiment was tried in St. Domingo under great disadvantages, and these unlegalised unions have yet proved more permanent than those tied with all due formality and tightness.
It may be urged: if divorce is to be so easily attainable, why should there be a marriage contract at all? Both as regards the pair immediately concerned, and as regards the children who may result from the union, a clear and definite contract seems to me to be eminently desirable. It is not to be wished that the union of those on whom depends the next generation should be carelessly and lightly entered into; the dignity and self-recollection which a definite compact implies are by no means to be despised, when it is remembered how grave and weighty are the responsibilities assumed by those who are to give to the State new citizens, and to Humanity new lives, which must be either a blessing or a curse. But the dignity of such a course is not its only, nor, indeed, its main, recommendation. More important is the absolute necessity that the conditions of the union of the two adult lives should be clearly and thoroughly understood between them. No wise people enter into engagements of an important and durable character without a written agreement; a definite contract excludes all chance of disagreement as to the arrangements made, and prevents misunderstandings from arising. A verbal contract may be misunderstood by either party; lapse of time may bring about partial forgetfulness; slight disagreements may result in grave quarrels. If the contract be a written one, it speaks for itself, and no doubt can arise which cannot be reasonably settled. All this is readily seen where ordinary business partnerships are concerned, but some—unconsciously rebounding from the present immoral system, and plunging into the opposite extreme—consider that the union in marriage of man and woman is too tender and sacred a thing to be thus dealt with as from a business point of view. But it must be remembered that while love is essential to true and holy marriage, marriage implies more than love; it implies also a number of new relations to the outside world which—while men and women live in the world—cannot be wholly disregarded. Questions of house, of money, of credit, &c., necessarily arise in connection with the dual home, and these cannot be ignored by sensible men and women. The contract does not touch with rude hands the sensitive plant of love; it concerns itself only with the garden in which the plant grows, and two people can no more live on love alone than a plant can grow without earth around its roots. A contract which removes occasions of disagreement in business matters shelters and protects the love from receiving many a rude shock. "Society will ere long," said Mr. Conway, "be glad enough to assimilate contracts between man and woman to contracts between partners in business. Then love will dispense alike with the bandage on its eyes and the constable's aid." Some pre-nuptial arrangement seems necessary which shall decide as to the right of inheritance of the survivor of the married pair. As common property will grow up during the union, such property should pass to the survivor and the children, and until some law be made which shall prevent parents from alienating from their children the whole of their property, a provision guarding their inheritance should find its place in the proposed deed. A definite marriage contract is also desirable for the sake of the children who may proceed from the union. Society has a right to demand from those who bring new members into it, some contract which shall enable it to compel them to discharge their responsibilities, if they endeavour to avoid them. If all men and women were perfect, no contract would be necessary, any more than it would be necessary to have laws against murder and theft; but while men and women are as they are, some compulsive power against evil-doers must be held in reserve by the law. Society is bound to guard the interests of the helpless children, and this can only be done by a clear and definite arrangement which makes both father and mother responsible for the lives they have brought into existence, and which shows the parentage in a fashion which could go into a law-court should any dispute arise. Again, if there were no contract, in whom would the guardianship of the children be vested, in case of wrongdoing of either parent, of death, or of separation? Suppose a brutal father: his wife leaves him and takes the children with her; how is she to keep them if he claims and takes them? If she has the legal remedy of divorce, the Court awards her the guardianship and she is safe from molestation. If a wife elope, taking the children with her, is the father to have no right to the guardianship of his sons and daughters, but to remain passive while they pass under the authority of another man? Application for divorce would guard him from such a wrong. If the parents separate, and both desire to have the children, how can such contest be decided, save by appeal to an impartial law? Marriage, as before urged, is a partnership, and where common duties, common interests, and common responsibilities grow up, there it is necessary that either party shall have some legal means of redress in case of the wrongdoing of the other.
To those who, on the other hand, object to facility of divorce being granted at all, it may fairly be asked that they should not forget that to place divorce within the reach of people, is not the same as compelling them to submit to it. Those who prefer to regard marriage as indissoluble could as readily maintain the indissolubility of their own wedded tie under a law which permitted divorce, as they can do at the present time. But those who think otherwise, and are unhappy in their marriages, would then be able to set themselves free. No happy marriage would be affected by the change, for the attainability of divorce would only be welcomed by those whose marriage was a source of misery and of discord; the contented would be no less content, while the unhappy would be relieved of their unhappiness; thus the change would injure no one, while it would benefit many.
It is a pity that there is no way of obtaining the general feminine view of the subject of marriage and divorce; women who study, who form independent opinions are—so far as my experience goes—unanimous in their desire to see the English laws altered; advanced thinkers of both sexes are generally, one might say universally, in favour of change. To those who think that women, if polled to-morrow, would vote for a continuance of the present state of things, may be recommended the following passage from Mrs. Mill: "Women, it is said, do not desire, do not seek what is called their emancipation. On the contrary, they generally disown such claims when made in their behalf, and fall withacharnementupon any one of themselves who identifies herself with their common cause. Supposing the fact to be true in the fullest extent ever asserted, if it proves that European women ought to remain as they are, it proves exactly the same with respect to Asiatic women; for they too, instead of murmuring at their seclusion, and at the restraint imposed upon them, pride themselves on it, and are astonished at the effrontery of women who receive visits from male acquaintances, and are seen in the streets unveiled. Habits of submission make men as well as women servile-minded. The vast population of Asia do not desire or value, probably would not accept, political liberty, nor the savages of the forest, civilization; which does not prove that either of those things is undesirable for them, or that they will not, at some future time, enjoy it. Custom hardens human beings to any kind of degradation, by deadening the part of their nature which would resist it. And the case of women is, in this respect, even a peculiar one, for no other inferior caste that we have heard of have been taught to regard their degradation as their honour." Mr. Conway considers that changed circumstances would rapidly cause women to be favourable to the proposed alteration: "Am I told," he remarks, "that woman dreads the easy divorce? Naturally, for the prejudices and arrangements of society have not been adapted to the easy divorce. Let her know that, under the changed sentiment which shall follow changed law, she will meet with sympathy where now she would encounter suspicion; let her know that she will, if divorced from one she loves not, have only her fair share of the burdens entailed by the original mistake; and she who of all persons suffers most if the home be false will welcome the freer marriage" ("The Earthward Pilgrimage," p. 289).
Both in theory and in practice advanced thinkers have claimed facility of divorce. John Milton, in his essay on "Divorce," complains that "the misinterpreting of Scripture... hath changed the blessing of matrimony not seldom into a familiar and co-inhabiting mischiefe; at least into a drooping and disconsolate household captivitie, without refuge or redemption" (p. 2), and in his Puritan fashion he remarks that because of this "doubtles by the policy of the devill that gracious ordinance becomes insupportable," so that men avoid it and plunge into debauchery. Arguing that marriage is not to be regarded merely as a legitimate kind of sexual intercourse, but rather as a union of mind and feeling, Milton says: "That indisposition, unfitness, or contrariety of mind, arising from a cause in nature unchangable, hindring and ever likely to hinder the main benefits of conjugall society, which are solace and peace, is a greater reason of divorce than natural frigidity, especially if there be no children, and that there be mutual consent" (p. 5). Luther, before Milton, held the same liberal views. Mary Wolstonecraft acted on the same theory in her own life, and her daughter was united to the poet Shelley while Shelley's first wife was living, no legal divorce having severed the original marriage. Richard Carlile's second marriage was equally illegal. In our own days the union of George Henry Lewes and George Eliot has struck the key-note of the really moral marriage. Mary Wolstonecraft was unhappy in her choice, but in all the other cases the happiest results accrued. It needs considerable assurance to brand these great names with immorality, as all those must do who denounce as immoral unions which are at present illegal.
In the whole of the arguments put forward in the above pages there is not one word which is aimed at real marriage, at the faithful and durable union of two individuals of opposite sexes—a union originated in and maintained by love alone. Rather, to quote Milton once more, is reverence for marriage the root of the reform I urge: he who "thinks it better to part than to live sadly and injuriously to that cherfull covnant (for not to be belov'd and yet retain'd, is the greatest injury to a gentle spirit), he I say who therefore seeks to part, is one who highly honours the married life, and would not stain it; and the reasons which now move him to divorce, are equal to the best of those that could first warrant him to marry" (p. 10). In the advocacy of such views marriage is elevated, not degraded; no countenance is given to those who would fain destroy the idea of the durable union between one man and one woman. Monogamy appears to me to be the result of civilization, of personal dignity, of cultured feeling; loyalty of one man to one woman is, to me, the highest sexual ideal. The more civilized the nature the more durable and exclusive does the marriage union become; in the lower ranges of animal life difference of sex is enough to excite passion: there is no individuality of of choice. Among savages it is much the same: it is the female, not the woman, who is loved, although the savage rises higher than the lower brutes, and is attracted by individual beauty. The civilised man and woman need more than sex-difference and beauty of form; they seek satisfaction for mind, heart, and tastes as well as for body; each portion the complex nature requires its answer in its mate. Hence it arises that true marriage is exclusive, and that prostitution is revolting to the noble of both sexes, since in prostitution love is shorn of his fairest attributes, and passion, which is only his wings, is made the sole representative of the divinity. The fleeting connections supposed by some Free Love theorists are steps backward and not forward; they offer no possibility of home, no education of the character, no guarantee for the training of the children. The culture both of father and of mother, of the two natures of which its own is the resultant, is necessary to the healthy development of the child; it cannot be deprived of either without injury to its full and perfect growth.
But just as true marriage is invaluable, so is unreal marriage deteriorating in its effects on all concerned: therefore, where mistake has been made, it is important to the gravest interests of society that such mistake should be readily remediable, without injury to the character of either of those concerned in it. Freed from the union which injures both, the man and woman may seek for their fit helpmeets, and in happy marriages may become joyful servants of humanity, worthy parents of the citizens of to-morrow. Men and women must know conjugal, before they can know true parental, love; each must see in the child the features of the beloved ere the perfect circle of love can be complete. Husband and wife bound in closest, most durable and yet most eager union, children springing as flowers from the dual stem of love, home where the creators train the lives they have given—such will be the marriage of the future. The loathsome details of the Divorce Court will no longer pollute our papers; the public will no longer be called in to gloat over the ruins of desecrated love; society will be purified from sexual vice; men and women will rise to the full royalty of their humanity, and hand in hand tread life's pathways, trustful instead of suspicious, free instead of enslaved, bound by love instead of by law.
Printed by Annie Besant and Charles Bradlaugh,
28, Stone-cutter Street, London, E.C.