The Archive · 1902

The "Manila Times" of April 15th

The Marriage Laws

writing on the subject says:—Among the greater problems which confront the authorities in these istands none looms more largely than the present unsettled condition of the marriage laws. The principle that the home is the basis of all healthy political and social growth is as true hero as elsewhere, despite, the fact that it has been disregared for centuries. There is probably no one evil which has done so much to retard the progress of the Filipino people in the centuries that have as the tyranny which placed a proibitive price upon the marriage contract and forced them into concubinage, with the resultant "bar sinister." As a moral obligation and a political expedient it is equally binding upon the Amercian authorities to remedy the present state of affairs. It has been developed in the Changeo case, now pending in the court of Judge Rohde, that the idea that the Spanish law recognised no marriage as legal which was not sanctioned by the Church, is erroneous. In this case it would seem a matter easy of accomplishment for the American authorities adopt some plan to negative the power of the priesthood in their effort to persuade the natives that a civil marriage was worse than no marriage at all. Experience has proven the idleness of at~ tempting to counteract the influence of the Church upon the native popul through reason; it becomes necessary, therefore, to adopt the argumentum ad hominem.

The following would seem to be a feasible means to that end. A law might be enacted providing that all couples found living in a state of concubinage would on a date fixed by law become man and wife by virtue of the enactment, with the fur ther provision that, should they so desire, might sever their relations before the date appointed. This should, of course, also have the effect of logitimatising the children of such union born prior to that date. If then the act of concubinage should be made a felony, with a heavy penalty attached, it would necessarily help the native to a quicker appreciation of the advantage of availing himaolf of the privilege of civil marriage, despite the protests of the church. Such law would be of incalculable moral and material advantage to those unfortunates, who following the promptings of natural affection have been forced to live in an uvhallowed state, because of their inability to pay the price demanded by the priestly brokers in morality. It would protect their children from 'a great wrong and inculcate a reverence for the holy state of marriage which is now so sadly lacking. It would cause others to hesitate before they placed themselves in an inferior condition with their neighbours and friends, and the fear of punishment would lend its effect. The plan proposed above is, of course, incomplete and fragmentary, but along these lines we believe much could be done ¥ those in whose hands the interests of the Filipinos now rest would bend their-energies to the reduction of an evil which is a relic of barbarism, and under which no people can hope to progress far.

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Text read from the printed page and cleaned; old type leaves the occasional error.

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