The Geography of Marriage : Or, Legal Perplexities of Wedlock in the United States

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They THE REMEDY. 1/9 involve questions of legitimacy. When the student takes up his law-book and refers to the separate heads under which these matters are familiarly- classed by text-writers on the subject of jurispru- dence, he will comprehend the vast extent of power which they cover.
Take away from the State courts Jurisdiction in all matters relating to the subject of " husband and wife," of "parent and child," of "guardian and ward," of " dower and curtesy," questions of legiti- macy, in
...so far as they involve " the law of descent," and " the law of distribution," also the law of " pro- cedure in matrimonial actions," and "evidence in matrimonial causes," and what remains of the power and sovereignty of the State ? The federal govern- ment can never assume jurisdiction of marriage and divorce, in the slightest degree, without eventually absorbing all the powers incidental to the subject.
Sooner or later the State courts would be stripped of Jurisdiction, and State lines would disappear in the settlement of controversies between husband and wife, arising in the field of jurisprudence with respect to domestic relations.


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