Senator Dolph strikes a strong blow, and takes the foundation from under
the idiotic idea of legal separation without divorce. He says: "As there
should be no partial divorce, which leaves the parties in the condition
aptly described by an eminent jurist as 'a wife without a husband and
a husband without a wife,' so, as a matter of public expediency, and
in the interest of public morals, whenever and however the marriage
is dissolved, both parties should be left free to remarry." Again:
"Prohibition of remarriage is likely to injure society more than the
remarriage of the guilty party;" and the Senator says, with great force:
"Divorce for proper causes, free from fraud and collusion, conserves the
moral integrity of the family."
In answering the question as to whether absolute prohibition of divorce
tends to morality or immorality, the Senator cites the case of South
Carolina. In that State, divorces were prohibited, and in consequence
of this prohibition, the proportion of his property which a married man
might give to his concubine was regulated by law.