Note 168 — AN ACT CONCERNING THE RIGHTS AND LIABILITIES OF HUSBAND AND WIFE. (continued 2)

1. Resolved, That, in the language (slightly varied) of John Milton, "Those who marry intend as little to conspire their own ruin, as those who swear allegiance, and as a whole people is to an ill government, so is one man or woman to an ill marriage. If a whole people, against any authority, covenant, or statute, may, by the sovereign edict of charity, save not only their lives, but honest liberties, from unworthy bondage, as well may a married party, against any private covenant, which he or she never entered, to his or her mischief, be redeemed from unsupportable disturbances, to honest peace and just contentment."

2. Resolved, That all men are created equal, and all women, in their natural rights, are the equals of men, and endowed by their Creator with the same inalienable right to the pursuit of happiness.

3. Resolved, That any constitution, compact, or covenant between human beings, that failed to produce or promote human happiness, could not, in the nature of things, be of any force or authority; and it would be not only a right, but a duty, to abolish it.

4. Resolved, That though marriage be in itself divinely founded, and is fortified as an institution by innumerable analogies in the whole kingdom of universal nature, still, a true marriage is only known by its results; and, like the fountain, if pure, will reveal only pure manifestations. Nor need it ever be said, "What God hath joined together, let no man put asunder," for man could not put it asunder; nor can he any more unite what God and nature have not joined together.

5. Resolved, That of all insulting mockeries of heavenly truth and holy law, none can be greater than that physical impotency is cause sufficient for divorce, while no amount of mental or moral or spiritual imbecility is ever to be pleaded in support of such a demand.

6. Resolved, That such a law was worthy those dark periods when marriage was held by the greatest doctors and priests of the Church to be a work of the flesh only, and almost, if not altogether, a defilement; denied wholly to the clergy, and a second time, forbidden to all.

7. Resolved, That an unfortunate or ill-assorted marriage is ever a calamity, but not ever, perhaps never, a crime—and when society or government, by its laws or customs, compels its continuance, always to the grief of one of the parties, and the actual loss and damage of both, it usurps an authority never delegated to man, nor exercised by God himself.

8. Resolved, That observation and experience daily show how incompetent are men, as individuals, or as governments, to select partners in business, teachers for their children, ministers of their religion, or makers, adjudicators, or administrators of their laws; and as the same weakness and blindness must attend in the selection of matrimonial partners, the dictates of humanity and common sense alike show that the latter and most important contract should no more be perpetual than either or all of the former.

9. Resolved, That children born in these unhappy and unhallowed connections are, in the most solemn sense, of unlawful birth—the fruit of lust, but not of love—and so not of God, divinely descended, but from beneath, whence proceed all manner of evil and uncleanliness.

10. Resolved, That next to the calamity of such a birth to the child, is the misfortune of being trained in the atmosphere of a household where love is not the law, but where discord and bitterness abound; stamping their demoniac features on the moral nature, with all their odious peculiarities—thus continuing the race in a weakness and depravity that must be a sure precursor of its ruin, as a just penalty of long-violated law.