Certainly everything that regards the principle of morality is a State affair. Hence it is that the Chinese State meddles so much in family concerns, and one is nothing there if one is not first of all a good child to his parents. Family concerns are altogether State concerns with us too, only that our State--puts confidence in the families without painful oversight; it holds the family bound by the marriage tie, and this tie cannot be broken without it.
But that the State makes me responsible for my principles, and demands certain ones from me, might make me ask, what concern has it with the "wheel in my head" (principle)? Very much, for the State is the--_ruling principle_. It is supposed that in divorce matters, in marriage law in general, the question is of the proportion of rights between Church and State. Rather, the question is of whether anything sacred is to rule over man, be it called faith or ethical law (morality). The State behaves as the same ruler that the Church was. The latter rests on godliness, the former on morality.
People talk of the tolerance, the leaving opposite tendencies free, and the like, by which civilized States are distinguished. Certainly some are strong enough to look with complacency on even the most unrestrained meetings, while others charge their catchpolls to go hunting for tobacco-pipes. Yet for one State as for another the play of individuals among themselves, their buzzing to and fro, their daily life, is an _incident_ which it must be content to leave to themselves because it can do nothing with this. Many, indeed, still strain out gnats and swallow camels, while others are shrewder. Individuals are "freer" in the latter, because less pestered. But _I_ am free in _no_ State. The lauded tolerance of States is simply a tolerating of the "harmless," the "not dangerous"; it is only elevation above pettymindedness, only a more estimable, grander, prouder--despotism. A certain State seemed for a while to mean to be pretty well elevated above _literary_ combats, which might be carried on with all heat; England is elevated above _popular turmoil_ and--tobacco-smoking. But woe to the literature that deals blows at the State itself, woe to the mobs that "endanger" the State. In that certain State they dream of a "free science," in England of a "free popular life."