decrees and separation orders, the attempt to use
children as an obstacle to divorce is hardly worth
arguing with. We shall deal with the children
just as we should deal with them if their homes were
broken up by any other cause. There is a sense
in which children are a real obstacle to divorce:
they give parents a common interest which keeps together
many a couple who, if childless, would separate.
The marriage law is superfluous in such cases.
This is shewn by the fact that the proportion of childless
divorces is much larger than the proportion of divorces
from all causes. But it must not be forgotten
that the interest of the children forms one of the
most powerful arguments for divorce. An unhappy
household is a bad nursery. There is something
to be said for the polygynous or polyandrous household
as a school for children: children really do
suffer from having too few parents: this is why
uncles and aunts and tutors and governesses are often
so good for children. But it is just the polygamous
household which our marriage law allows to be broken
up, and which, as we have seen, is not possible as
a typical institution in a democratic country where
the numbers of the sexes are about equal. Therefore
polygyny and polyandry as a means of educating children
fall to the ground, and with them, I think, must go
the opinion which has been expressed by Gladstone
and others, that an extension of divorce, whilst admitting
many new grounds for it, might exclude the ground
of adultery. There are, however, clearly many
things that make some of our domestic interiors little
private hells for children (especially when the children
are quite content in them) which would justify any
intelligent State in breaking up the home and giving
the custody of the children either to the parent whose
conscience had revolted against the corruption of
the children, or to neither.
Which brings me to the point that divorce should no
longer be confined to cases in which one of the parties
petitions for it. If, for instance, you have
a thoroughly rascally couple making a living by infamous
means and bringing up their children to their trade,
the king’s proctor, instead of pursuing his present
purely mischievous function of preventing couples
from being divorced by proving that they both desire
it, might very well intervene and divorce these children
from their parents. At present, if the Queen
herself were to rescue some unfortunate child from
degradation and misery and place her in a respectable
home, and some unmentionable pair of blackguards claimed
the child and proved that they were its father and
mother, the child would be given to them in the name
of the sanctity of the home and the holiness of parentage,
after perpetrating which crime the law would calmly
send an education officer to take the child out of
the parents’ hands several hours a day in the
still more sacred name of compulsory education. (Of
course what would really happen would be that the
couple would blackmail the Queen for their consent
to the salvation of the child, unless, indeed, a hint
from a police inspector convinced them that bad characters
cannot always rely on pedantically constitutional
treatment when they come into conflict with persons
in high station).