If Marriage is a Human Institution
May 10, 1860 — Tenth National Woman’s Rights Convention, Cooper Institute, New York City
In our common law, in our whole system of jurisprudence, we find man’s highest idea of right. The object of law is to secure justice. But inasmuch as fallible man is the maker and administrator of law, we must look for many and gross blunders in the application of its general principles to individual cases.
The science of theology, of civil, political, moral, and social life, all teach the common idea, that man ever has been, and ever must be, sacrificed to the highest good of society; the one to the many — the poor to the rich — the weak to the powerful — and all to the institutions of his own creation. Look, what thunderbolts of power man has forged in the ages for his own destruction! — at the organizations to enslave himself! And through those times of darkness, those generations of superstition, behold all along the relics of his power and skill, that stand like mile-stones, here and there, to show how far back man was great and glorious! Who can stand in those vast cathedrals of the old world, as the deep-toned organ reverberates from arch to arch, and not feel the grandeur of humanity? These are the workmanship of him, beneath whose stately dome the architect himself now bows in fear and doubt, knows not himself, and knows not God — a mere slave to symbols — and with holy water signs the Cross, whilst He who died thereon declared man God.
I repudiate the popular idea of man’s degradation and total depravity. I place man above all governments, all institutions — ecclesiastical and civil — all constitutions and laws. It is a mistaken idea, that the same law that oppresses the individual can promote the highest good of society. The best interests of a community never can require the sacrifice of one innocent being — of one sacred right. In the settlement, then, of any question, we must simply consider the highest good of the individual. It is the inalienable right of all to be happy. It is the highest duty of all to seek those conditions in life, those surroundings, which may develop what is noblest and best, remembering that the lessons of these passing hours are not for time alone, but for the ages of eternity. They tell us, in that future home — the heavenly paradise — that the human family shall be sifted out, and the good and pure shall dwell together in peace. If that be the heavenly order, is it not our duty to render earth as near like heaven as we may?
For years, there has been before the Legislature of this State a variety of bills, asking for divorce in cases of drunkenness, insanity, desertion, cruel and brutal treatment, endangering life. My attention was called to this question very early in life, by the sufferings of a friend of my girlhood, a victim of one of those unfortunate unions, called marriage. What my great love for that young girl, and my holy intuitions, then decided to be right, has not been changed by years of experience, observation, and reason. I have pondered well these things in my heart, and ever felt the deepest interest in all that has been written and said upon the subject, and the most profound respect and loving sympathy for those heroic women, who, in the face of law and public sentiment, have dared to sunder the unholy ties of a joyless, loveless union.
If marriage is a human institution, about which man may legislate, it seems but just that he should treat this branch of his legislation with the same common-sense that he applies to all others. If it is a mere legal contract, then should it be subject to the restraints and privileges of all other contracts. A contract, to be valid in law, must be formed between parties of mature age, with an honest intention in said parties to do what they agree. The least concealment, fraud, or deception, if proved, annuls the contract. A boy can not contract for an acre of land, or a horse, until he is twenty-one, but he may contract for a wife at fourteen. If a man sell a horse, and the purchaser find in him great incompatibility of temper — a disposition to stand still when the owner is in haste to go — the sale is null and void, and the man and his horse part company. But in marriage, no matter how much fraud and deception are practiced, nor how cruelly one or both parties have been misled; no matter how young, inexperienced, or thoughtless the parties, nor how unequal their condition and position in life, the contract can not be annulled. Think of a husband telling a young and trusting girl, but one short month his wife, that he married her for her money; that those letters so precious to her, that she had read and re-read, and kissed and cherished, were written by another; that their splendid home, of which, on their wedding-day, her father gave him the deed, is already in the hands of his creditors; that she must give up the elegance and luxury that now surround her, unless she can draw fresh supplies of money to meet their wants! When she told the story of her wrongs to me — the abuse to which she was subject, and the dread in which she lived — I impulsively urged her to fly from such a monster and villain, as she would before the hot breath of a ferocious beast of the wilderness. And she did fly; and it was well with her. Many times since, as I have felt her throbbing heart against my own, she has said, “Oh, but for your love and sympathy, your encouragement, I should never have escaped from that bondage. Before I could, of myself, have found courage to break those chains my heart would have broken in the effort.”
Marriage, as it now exists, must seem to all of you a mere human institution. Look through the universe of matter and mind — all God’s arrangements are perfect, harmonious, and complete! There is no discord, friction, or failure in His eternal plans. Immutability, perfection, beauty, are stamped on all His laws. Love is the vital essence that pervades and permeates, from the center to the circumference, the graduating circles of all thought and action. Love is the talisman of human weal and woe — the open sesame to every human soul. Where two beings are drawn together, by the natural laws of likeness and affinity, union and happiness are the result. Such marriages might be Divine. But how is it now? You all know our marriage is, in many cases, a mere outward tie, impelled by custom, policy, interest, necessity; founded not even in friendship, to say nothing of love; with every possible inequality of condition and development. In these heterogeneous unions, we find youth and old age, beauty and deformity, refinement and vulgarity, virtue and vice, the educated and the ignorant, angels of grace and goodness, with devils of malice and malignity: and the sum of all this is human wretchedness and despair; cold fathers, sad mothers, and hapless children, who shiver at the hearthstone, where the fires of love have all gone out. The wide world, and the stranger’s unsympathizing gaze, are not more to be dreaded for young hearts than homes like these. Now, who shall say that it is right to take two beings, so unlike, and anchor them right side by side, fast bound — to stay all time, until God shall summon one away?
Do wise, Christian legislators need any arguments to convince them that the sacredness of the family relation should be protected at all hazards? The family, that great conservator of national virtue and strength, how can you hope to build it up in the midst of violence, debauchery, and excess? Can there be anything sacred at that family altar, where the chief-priest who ministers makes sacrifice of human beings, of the weak and the innocent? where the incense offered up is not to the God of justice and mercy, but to those heathen divinities, who best may represent the lost man in all his grossness and deformity? Call that sacred, where woman, the mother of the race — of a Jesus of Nazareth — unconscious of the true dignity of her nature, of her high and holy destiny, consents to live in legalized prostitution! — her whole soul revolting at such gross association! — her flesh shivering at the cold contamination of that embrace, held there by no tie but the iron chain of the law, and a false and most unnatural public sentiment? Call that sacred, where innocent children, trembling with fear, fly to the corners and dark places of the house, to hide themselves from the wrath of drunken, brutal fathers, but, forgetting their past sufferings, rush out again at their mother’s frantic screams, “Help, oh help”? Behold the agonies of those young hearts, as they see the only being on earth they love, dragged about the room by the hair of the head, kicked and pounded, and left half dead and bleeding on the floor! Call that sacred, where fathers like these have the power and legal right to hand down their natures to other beings, to curse other generations with such moral deformity and death?
Men and brethren, look into your asylums for the blind, the deaf and dumb, the idiot, the imbecile, the deformed, the insane; go out into the by-lanes and dens of this vast metropolis, and contemplate that reeking mass of depravity; pause before the terrible revelations made by statistics, of the rapid increase of all this moral and physical impotency, and learn how fearful a thing it is to violate the immutable laws of the beneficent Ruler of the universe; and there behold the terrible retributions of your violence on woman! Learn how false and cruel are those institutions, which, with a coarse materialism, set aside those holy instincts of the woman to bear no children but those of love! In the best condition of marriage, as we now have it, to woman comes all the penalties and sacrifices. A man, in the full tide of business or pleasure, can marry and not change his life one iota; he can be husband, father, and everything beside; but in marriage, woman gives up all. Home is her sphere, her realm. Well, be it so. If here you will make us all-supreme, take to yourselves the universe beside; explore the North Pole; and, in your airy car, all space; in your Northern homes and cloud-capt towers, go feast on walrus flesh and air, and lay you down to sleep your six months’ night away, and leave us to make these laws that govern the inner sanctuary of our own homes, and faithful satellites we will ever be to the dinner-pot, the cradle, and the old arm-chair.
Fathers, do you say, let your daughters pay a life-long penalty for one unfortunate step? How could they, on the threshold of life, full of joy and hope, believing all things to be as they seemed on the surface, judge of the dark windings of the human soul? How could they foresee that the young man, to-day so noble, so generous, would in a few short years be transformed into a cowardly, mean tyrant, or a foul-mouthed, bloated drunkard? What father could rest at his home by night, knowing that his lovely daughter was at the mercy of a strong man drunk with wine and passion, and that, do what he might, he was backed up by law and public sentiment? The best interests of the individual, the family, the State, the nation, cry out against these legalized marriages of force and endurance. There can be no heaven without love, and nothing is sacred in the family and home, but just so far as it is built up and anchored in love. Our newspapers teem with startling accounts of husbands and wives having shot or poisoned each other, or committed suicide, choosing death rather than the indissoluble tie; and, still worse, the living death of faithless wives and daughters, from the first families in this State, dragged from the privacy of home into the public prints and courts, with all the painful details of sad, false lives. What say you to facts like these? Now, do you believe, men and women, that all these wretched matches are made in heaven? that all these sad, miserable people are bound together by God? I know Horace Greeley has been most eloquent, for weeks past, on the holy sacrament of ill-assorted marriages; but let us hope that all wisdom does not live, and will not die with Horace Greeley. I think, if he had been married to The New York Herald, instead of the Republican party, he would have found out some Scriptural arguments against life-long unions, where great incompatibility of temper existed between the parties.
Our law-makers have dug a pit, and the innocent have fallen into it; and now will you coolly cover them over with statute laws, Tribunes, and Weeds, and tell them to stay there and pay the life-long penalty of having fallen in? Nero was thought the chief of tyrants, because he made laws and hung them up so high that his subjects could not read them, and then punished them for every act of disobedience. What better are our Republican legislators? The mass of the women of this nation know nothing about the laws, yet all their specially barbarous legislation is for woman. Where have they made any provision for her to learn the laws? Where is the Law School for our daughters? where the law office, the bar, or the bench, now urging them to take part in the jurisprudence of the nation? But, say you, does not separation cover all these difficulties? No one objects to separation when the parties are so disposed. But, to separation there are two very serious objections. First, so long as you insist on marriage as a divine institution, as an indissoluble tie, so long as you maintain your present laws against divorce, you make separation, even, so odious, that the most noble, virtuous, and sensitive men and women choose a life of concealed misery, rather than a partial, disgraceful release. Secondly, those who, in their impetuosity and despair, do, in spite of public sentiment, separate, find themselves in their new position beset with many temptations to lead a false, unreal life. This isolation bears especially hard on woman. Marriage is not all of life to man. His resources for amusement and occupation are boundless. He has the whole world for his home. His business, his politics, his club, his friendships with either sex, can help to fill up the void made by an unfortunate union or separation. But to woman, marriage is all and everything; her sole object in life — that for which she is educated — the subject of all her sleeping and her waking dreams. Now, if a noble, generous girl of eighteen marries, and is unfortunate, because the cruelty of her husband compels separation, in her dreary isolation, would you drive her to a nunnery; and shall she be a nun indeed? Her solitude is nothing less, as, in the present undeveloped condition of woman, it is only through our fathers, brothers, husbands, sons, that we feel the pulsations of the great outer world.
One unhappy, discordant man or woman in a neighborhood, may mar the happiness of all the rest. You can not shut up discord, any more than you can small-pox. There can be no morality where there is a settled discontent. A very wise father once remarked, that in the government of his children, he forbade as few things as possible; a wise legislation would do the same. It is folly to make laws on subjects beyond human prerogative, knowing that in the very nature of things they must be set aside. To make laws that man can not and will not obey, serves to bring all law into contempt. It is very important in a republic, that the people should respect the laws, for if we throw them to the winds, what becomes of civil government? What do our present divorce laws amount to? Those who wish to evade them have only to go into another State to accomplish what they desire. If any of our citizens can not secure their inalienable rights in New York State, they may in Connecticut and Indiana. Why is it that all agreements, covenants, partnerships, are left wholly at the discretion of the parties, except the contract, which of all others is considered most holy and important, both for the individual and the race? This question of divorce, they tell us, is hedged about with difficulties; that it can not be approached with the ordinary rules of logic and common-sense. It is too holy, too sacred to be discussed, and few seem disposed to touch it. From man’s standpoint, this may be all true, as to him they say belong reason, and the power of ratiocination. Fortunately, I belong to that class endowed with mere intuitions, a kind of moral instinct, by which we feel out right and wrong. In presenting to you, therefore, my views of divorce, you will of course give them the weight only of the woman’s intuitions. But inasmuch as that is all God saw fit to give us, it is evident we need nothing more. Hence, what we do perceive of truth must be as reliable as what man grinds out by the longer process of reason, authority, and speculation.
Horace Greeley, in his recent discussion with Robert Dale Owen, said, this whole question has been tried, in all its varieties and conditions, from indissoluble monogamic marriage down to free love; that the ground has been all gone over and explored. Let me assure him that but just one-half of the ground has been surveyed, and that half but by one of the parties, and that party certainly not the most interested in the matter. Moreover, there is one kind of marriage that has not been tried, and that is, a contract made by equal parties to live an equal life, with equal restraints and privileges on either side. Thus far, we have had the man marriage, and nothing more. From the beginning, man has had the sole and whole regulation of the matter. He has spoken in Scripture, he has spoken in law. As an individual, he has decided the time and cause for putting away a wife, and as a judge and legislator, he still holds the entire control. In all history, sacred and profane, the woman is regarded and spoken of simply as the toy of man — made for his special use — to meet his most gross and sensuous desires. She is taken or put away, given or received, bought or sold, just as the interest of the parties might dictate. But the woman has been no more recognized in all these transactions, through all the different periods and conditions of the race, than if she had had no part nor lot in the whole matter. The right of woman to put away a husband, be he ever so impure, is never hinted at in sacred history. Even Jesus himself failed to recognize the sacred rights of the holy mother of the race. We can not take our gauge of womanhood from the past, but from the solemn convictions of our own souls, in the higher development of the race. No parchments, however venerable with the mould of ages, no human institutions, can bound the immortal wants of the royal sons and daughters of the great I Am, — rightful heirs of the joys of time, and joint heirs of the glories of eternity.
If in marriage either party claims the right to stand supreme, to woman, the mother of the race, belongs the scepter and the crown. Her life is one long sacrifice for man. You tell us that among all womankind there is no Moses, Christ, or Paul, — no Michael Angelo, Beethoven, or Shakspeare, — no Columbus, or Galileo, — no Locke or Bacon. Behold those mighty minds attuned to music and the arts, so great, so grand, so comprehensive, — these are our great works of which we boast! Into you, O sons of earth, go all of us that is immortal. In you center our very life-thoughts, our hopes, our intensest love. For you we gladly pour out our heart’s blood and die, knowing that from our suffering comes forth a new and more glorious resurrection of thought and life.
Source: History of Woman Suffrage, Vol. 1, 1848-1861, ed. Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage, (Rochester NY: Charles Mann) 1889, pp. 716-722.