matters, then our divorce law does in this direction
already go too far. A husband or wife may do
far more injury to the home by constantly neglecting
it for the companionship of some outside person with
whom no “matrimonial offence” is ever
committed. Of course, if our divorce law exists
mainly for the gratification of the fiercer sexual
resentments, well and good, but if that is so, let
us abandon our pretence that marriage is an institution
for the establishment and protection of homes.
And while on the one hand existing divorce laws appear
to be obsessed by sexual offences, other things of
far more evil effect upon the home go without a remedy.
There are, for example, desertion, domestic neglect,
cruelty to the children drunkenness or harmful drug-taking,
indecency of living and uncontrollable extravagance.
I cannot conceive how any logical mind, having once
admitted the principle of divorce, can hesitate at
making these entirely home-wrecking things the basis
of effective pleas. But in another direction,
some strain of sentimentality in my nature makes me
hesitate to go with the great majority of divorce
law reformers. I cannot bring myself to agree
that either a long term of imprisonment or the misfortune
of insanity should in itself justify a divorce.
I admit the social convenience, but I wince at the
thought of those tragic returns of the dispossessed.
So far as insanity goes, I perceive that the cruelty
of the law would but endorse the cruelty of nature.
But I do not like men to endorse the cruelty of nature.
And, of course, there is no decent-minded person nowadays
but wants to put an end to that ugly blot upon our
civilisation, the publication of whatever is most
spicy and painful in divorce court proceedings.
It is an outrage which falls even more heavily on
the innocent than on the guilty, and which has deterred
hundreds of shy and delicate-minded people from seeking
legal remedies for nearly intolerable wrongs.
The sort of person who goes willingly to the divorce
court to-day is the sort of person who would love
a screaming quarrel in a crowded street. The
emotional breach of the marriage bond is as private
an affair as its consummation, and it would be nearly
as righteous to subject young couples about to marry
to a blustering cross-examination by some underbred
bully of a barrister upon their motives, and then to
publish whatever chance phrases in their answers appeared
to be amusing in the press, as it is to publish contemporary
divorce proceedings. The thing is a nastiness,
a stream of social contagion and an extreme cruelty,
and there can be no doubt that whatever other result
this British Royal Commission may have, there at least
will be many sweeping alterations.
THE SCHOOLMASTER AND THE EMPIRE
Sec. 1