Chapter 10

To Rome and not to the Bible we must go for all the authority we can produce for denying that marriage is simply a civil contract. The form, binding one man to one woman, had its origin outside of the Bible. Up to the time of Charlemagne in the eighth century, polygamy and concubinage were common among Christians and countenanced by the Church. Even Luther seems to have had somewhat lax, though not unscriptural, notions on the subject. When Philip, landgrave of Hesse-Cassel, wanted to take another wife, and threatened to get a dispensation from the Pope for the purpose, Luther convoked a synod, composed of six of his proselytes, who declared that marriage is merely a civil contract; that they could find no passage in the Holy Scriptures ordaining monogamy; and they consequently signed a decree permitting Philip to take a second wife without repudiating his first.

In that reconstruction of laws, threatened by the movement in behalf of female suffrage, it is not probable that the patriarchal institution of polygamy will be regarded otherwise than as debasing to both sexes; but perhaps a greater latitude of divorce will be sought as not inconsistent with public morality. Looking at the question abstractly, and apart from all religious and social prejudice, it certainly seems the height of cruelty and absurdity to compel parties to keep up the relations of man and wife when one of them feels towards the other either a physical repugnance or a moral dislike. The impediments often raised by our courts in the way of divorce are gross relics of barbarism, and will be abolished by a higher legislative morality.

"Whoso," says Milton, "prefers either matrimony or other ordinance before the good of man and the plain exigence of charity, let him profess Papist or Protestant or what he will, he is no better than a pharisee, and understands not the gospel; whom, as a misinterpreter of Christ, I openly protest against." And, in another passage, he rebukes those who would rest "in the mere element of the text," as favoring "the policy of the Devil to make that gracious ordinance (of marriage) become insupportable, that what with men not daring to venture upon wedlock, and what with men wearied out of it, all inordinate license might abound."

Mr. J. A. St. John, editor of the Prose Works of Milton, remarks in reference to the marriage law as it now stands in England:--

"_Having been invented and established by men, it is calculated to bear with extreme severity on women_, who are daily subjected to wrongs and hardships which they would not endure, were the relief of divorce open to them. Those who take a different view descant upon the encouragement which would, they say, be given to immorality were divorce made easy. But the contrary is the truth.

"It is in behalf of morals, and for the sake of imparting a higher tone to the feelings of society, that the present unnatural system should be abolished. Where, what Milton calls, an unconjugal mind exists, there must be unconjugal manners; and to what these lead no one need be told. Where marriage is indissoluble, people presume upon that fact to transgress its laws, which they would not do were it legally practicable to obtain immediate redress.

"However, there is a great indisposition in mankind to innovate in legislation; and they had generally rather be miserable according to rule than free and happy on a novel principle.... Whenever it clearly appears that man and wife can no longer live together in peace and harmony, their separation would be far more beneficial to themselves and favorable to morals, than their compulsory union. Milton's notions of married life are highly flattering to women, whom he evidently contemplates as the equal companions of men."

PAGE 156.

"_Give her the suffrage._"

In one of his pamphlets in behalf of women's suffrage, Professor F. W. Newman of England, a man of widest culture and noblest sympathies, and always among the ablest and foremost in good works, remarks: "It is useless to reply that women have not political knowledge. Hitherto they have had little motive to acquire it. But how much of such knowledge have those male voters had, whom, for two hundred years past, candidates for the place of M. P. have made drunk in the tippling-houses? The arguments used against female suffrage simply show that there is nothing valid to be said. Women have, _prima facie_, the same right as men."

PAGE 160.

"_Not by evading or profaning Nature_."

In his recent "History of European Morals," Mr. Lecky, referring to the fact that the prevalent doctrine is, that the very highest interest of society is not to stimulate but to restrain multiplication, diminishing the number of marriages and of children, presents the following comments:--

"In consequence of this belief, and of the many factitious wants that accompany a luxurious civilization, a very large and increasing proportion of women are left to make their way in life without any male protector, and the difficulties they have to encounter through physical weakness have been most unnaturally and most fearfully aggravated by laws and customs which, resting on the old assumption that every woman should be a wife, habitually deprive them of the pecuniary and educational advantages of men, exclude them absolutely from very many of the employments in which they might earn a subsistence, encumber their course in others by a heartless ridicule or by a steady disapprobation, and consign, in consequence, many thousands to the most extreme and agonizing poverty, and perhaps a still larger number to the paths of vice.

"At the same time a momentous revolution, the effects of which can as yet be but imperfectly descried, has taken place in the chief spheres of female industry that remain. The progress of machinery has destroyed its domestic character. The distaff has fallen from the hand. The needle is being rapidly superseded, and the work which, from the days of Homer to the present century, was accomplished in the centre of the family, has been transferred to the crowded manufactory."

The necessity of those reforms which many noble women are now urging upon public attention is clearly set forth in eloquent facts like these.

PAGE 198.

"_Is against nature._"

A curious instance of the temerity with which flagrant errors are pressed into the service of criticism is presented in some remarks in the _N. Y. Nation_. "There is probably," it says, "no incident of woman's condition which is more clearly natural than her passivity in all that relates to marriage. In waiting to be wooed, she not only complies with one of the conventional proprieties, but obeys what appears to be a law of sex, _not amongst human beings only, but among all animals_."

These remarks have been adopted by many American journalists, and have been accepted perhaps by many readers as settling the whole question with scientific accuracy and force, so far as analogies drawn from the habits of the lower animals can settle it. But if the critic, while buttering his daily bread or putting cream into his daily coffee, had acquainted himself with the habits of the useful animal to which he is indebted, he would never have been guilty of so prodigious a blunder. So far from passively "waiting to be wooed," the cow, when the sexual impulse is awakened, will disturb the whole neighborhood by her bellowings. Should the critic reply that this is because she is kept in an unnatural state of restraint, such reply would add only additional force to the contradiction of the argument which he would offer.

Other examples in abundance, in confutation of his assumption, could no doubt be furnished. But even were that assumption true, we might sometimes be led to rather awkward results if we were to take the habits of the lower animals as authoritative. Certain animals have not infrequently an eccentric habit of destroying their offspring. Some of our Chinese brethren, borrowing a hint perhaps from the brute creation, are said to think it no sin to kill such female children as they have no use for. We hope that no enterprising critic will recommend such a solution as this of the woman problem.

THE END.

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