3. What is the effect of divorce on the integrity of the family?

4. Does the absolute prohibition of divorce where it exists contribute

to the moral purity of society?

Editor North American Review,

Introduction by the Rev. S. W. Dike, LL.D.

I AM to introduce this discussion with some facts and make a few

suggestions upon them. In the dozen years of my work at this problem I

have steadily insisted upon a broad basis of fact as the only foundation

of sound opinion. We now have a great statistical advance in the report

of the Department of labor. A few of these statistics will serve the

present purpose.

There were in the United States 9,937 divorces reported for the year

1867 and 25,535 for 1886, or a total 328,716 in the twenty years. This

increase is more than twice as great as the population, and has been

remarkably uniform throughout the period. With the exception of New

York, perhaps Delaware, and the three or four States where special

legislative reforms have been secured, the increase covers the

country and has been more than twice the gain in population. The South

apparently felt the movement later than the North and West, but its

greater rapidity there will apparently soon obliterate most existing

differences. The movement is well-nigh as universal in Europe as here.

Thirteen European countries, including Canada, had 6,540 divorces in

1876 and 10,909 in 1886--an increase of 67 per cent. In the same period

the increase with us was 72.5 per cent. But the ratios of divorce

to population are here generally three or four times greater than in

Europe. The ratios to marriage in the United States are sometimes as

high as 1 to 10, 1 to 9, or even a little more for single years. In

heathen Japan for three years they were more than 1 to 3. But divorce

there is almost wholly left to the regulation of the family, and

practically optional with the parties. It is a re-transference of the

wife by a simple writing to her own family.

1. The increase of divorce is one of several evils affecting the family.

Among these are hasty or ill-considered marriages, the decline of

marriage and the decrease of children,--too generally among classes

pecuniarily best able to maintain domestic life,--the probable increase

in some directions of marital infidelity and sexual vice, and last, but

not least, a tendency to reduce the family to a minimum of force in the

life of society. All these evils should be studied and treated in their

relations to each other. Carefully-conducted investigations alone can

establish these latter statements beyond dispute, although there can be

little doubt of their general correctness as here carefully made. And

the conclusion is forced upon us that the toleration of the increase

of divorce, touching as it does the vital bond of the family, is so far

forth a confession of our western civilization that it despairs of

all remedies for ills of the family, and is becoming willing, in great

degree, to look away from all true remedies to a dissolution of the

family by the courts in all serious cases. If this were our settled

purpose, it would look like giving up the idea of producing and

protecting a family increasingly capable of enduring to the end of its

natural existence. If the drift of things on this subject during the

present century may be taken as prophetic, our civilization moves in an

opposite direction in its treatment of the family from its course with

the individual.

2. Divorce, including these other evils related to the family, is

preeminently a social problem. It should therefore be reached by all

the forces of our great social institutions--religious, educational,

industrial, and political. Each of these should be brought to bear on it

proportionately and in cooperation with the others. But I can here take

up only one or two lines for further suggestion.

3. The causes of divorces, like those of most social evils, are

often many and intricate. The statistics for this country, when the

forty-three various statutory causes are reduced to a few classes, show

that 20 per cent, of the divorces were based on adultery, 16 on cruelty,

38 were granted for desertion, 4 for drunkenness, less than 3 for

neglect to provide, and so on. But these tell very little, except that

it is easier or more congenial to use one or another of the statutory

causes, just as the old "omnibus clause," which gave general discretion

to the courts in Connecticut, and still more in some other States, was

made to cover many cases. A special study of forty-five counties in

twelve States, however, shows that drunkenness was a direct or indirect

cause in 20.1 per cent, of 29,665 cases. That is, it could be found

either alone or in conjunction with others, directly or indirectly, in

one-fifth of the cases.

4. Laws and their administration affect divorce. New York grants

absolute divorce for only one cause, and New Jersey for two. Yet New

York has many more divorces in proportion to population, due largely to

a looser system of administration. In seventy counties of twelve States

68 per cent, of the applications are granted. The enactment of a more

stringent law is immediately followed by a decrease of divorces, from

which there is a tendency to recover. Personally, I think stricter

methods of administration, restrictions upon remarriage, proper delays

in hearing suits, and some penal inflictions for cruelty, desertion,

neglect of support, as well as for adultery, would greatly reduce

divorces, even without removing a single statutory cause. There would

be fewer unhappy families, not more. For people would then look to real

remedies instead of confessing the hopelessness of remedy by appeals to

the courts. A multitude of petty ills and many utterly wicked frauds

and other abuses would disappear. "Your present methods," said a

Nova Scotian to a man from Maine a few years ago, "are simply ways of

multiplying and magnifying domestic ills." There is much force in this.

But let us put reform of marriage laws along with these measures.

5. The evils of conflicting and diverse marriage and divorce laws are

doing immense harm. The mischief through which innocent parties are

defrauded, children rendered illegitimate, inheritance made uncertain,

and actual imprisonments for bigamy grow out of divorce and remarriage,

are well known to most. Uniformity through a national law or by

conventions of the States has been strongly urged for many years.

Uniformity is needed. But for one, I have long discouraged too early

action, because the problem is too difficult, the consequences too

serious, and the elements of it still too far out of our reach for any

really wise action at present. The government report grew immediately

out of this conviction. It will, I think, abundantly justify the

caution. For it shows that uniformity could affect at the utmost only a

small percentage of the total divorces in the United States. _Only 19.9

percent of all the divorced who were married in this country obtained

their divorces in a different State from the one in which their marriage

had taken place, in all these twenty years, 80.1 per cent, having been

divorced in the State where married_. Now, marriage on the average lasts

9.17 years before divorce occurs, which probably is nearly two-fifths

the length of a married life before its dissolution by death. From this

19.9 per cent, there must, therefore, be subtracted the large migration

of married couples for legitimate purposes, in order to get any fair

figure to express the migration for divorce. But the movement of the

native population away from the State of birth is 22 or 23 per cent.

This, however, includes all ages. For all who believe that divorce

itself is generally a great evil, the conclusion is apparently

inevitable that the question of uniformity, serious as it is, is a very

small part of the great legal problem demanding solution at our hands.

This general problem, aside from its graver features in the more

immediate sphere of sociology and religion, must evidently tax our

publicists and statesmen severely. The old temptation to meet special

evils by general legislation besets us on this subject. I think

comparative and historical study of the law of the family, (the

_Familienrecht_ of the Germans), especially if the movement of European

law be seen, points toward the need of a pretty comprehensive and

thorough examination of our specific legal problem of divorce

and marriage law in this fuller light, before much legislation is

undertaken.

Samuel W. Dike.

However much men may differ in their views of the nature and attributes

of the matrimonial contract, and in their concept of the rights and

obligations of the marriage state, no one will deny that these are grave

questions; since upon marriage rests the family, and upon the family

rest society, civilization, and the highest interests of religion and

the state. Yet, strange to say, divorce, the deadly enemy of marriage,

stalks abroad to-day bold and unblushing, a monster licensed by the laws

of Christian states to break hearts, wreck homes and ruin souls. And

passing strange is it, too, that so many, wise and far-seeing in less

weighty concerns, do not appear to see in the evergrowing power of

divorce a menace not only to the sacredness of the marriage institution,

but even to the fair social fabric reared upon matrimony as its

corner-stone.

God instituted in Paradise the marriage state and sanctified it. He

established its law of unity and declared its indissolubility. By divine

authority Adam spoke when of his wife he said: "This now is bone of my

bones, and flesh of my flesh; she shall be called woman, because she

was taken out of man. Wherefore a man shall leave father and mother, and

shall cleave to his wife: and they shall be two in one flesh."*

* Gen., ii., 23-24.

But like other things on earth, marriage suffered in the fall; and

little by little polygamy and divorce began to assert themselves against

the law of matrimonial unity and indissolubility. Yet the ideal of the

marriage institution never faded away. It survived, not only among the

chosen people, but even among the nations of heathendom, disfigured

much, 'tis true, but with its ancient beauty never wholly destroyed.

When, in the fullness of time, Christ came to restore the things

that were perishing, he reasserted in clear and unequivocal terms the

sanctity, unity, and indissolubility of marriage. Nay, more. He gave to

this state added holiness and a dignity higher far than it had "from the

beginning." He made marriage a sacrament, made it the type of his own

never-ending union with his one spotless spouse, the church. St. Paul,

writing to the Ephesians, says: "Husbands, love your wives, as Christ

also loved the church, and delivered himself up for it, that he might

sanctify it, cleansing it by the laver of water in the word of life,

that he might present it to himself a glorious church, not having spot

or wrinkle, or any such thing, but that it should be holy and without

blemish. So also ought men to love their wives as their own bodies....

For this cause shall a man leave his father and mother, and shall cleave

to his wife, and they shall be two in one flesh."*

* Ephes., v., 25-31.

In defence of Christian marriage, the church was compelled from the

earliest days of her existence to do frequent and stern battle. But

cultured pagan, and rough barbarian, and haughty Christian lord were

met and conquered. Men were taught to master passion, and Christian

marriage, with all its rights secured and reverenced, became a ruling

power in the world.

The Council of Trent, called, in the throes of the mighty moral upheaval

of the sixteenth century, to deal with the new state of things, again

proclaimed to a believing and an unbelieving world the Catholic doctrine

of the holiness, unity, and indissolubility of marriage, and the

unlawfulness of divorce. The council declared no new dogmas: it simply

reaffirmed the common teaching of the church for centuries. But some

of the most hallowed attributes of marriage seemed to be objects of

peculiar detestation to the new teachers, and their abolition was

soon demanded. "The leaders in the changes of matrimonial law," writes

Professor Woolsey, "were the Protestant reformers themselves, and that

almost from the beginning of the movement.... The reformers, when they

discarded the sacramental view of marriage and the celibacy of the

clergy, had to make out a new doctrine of marriage and of divorce."*

The "new doctrine of marriage and of divorce," pleasing as it was to the

sensual man, was speedily learned and as speedily put in practice. The

sacredness with which Christian marriage had been hedged around began to

be more and more openly trespassed upon, and restive shoulders wearied

more and more quickly of the marriage yoke when divorce promised freedom

for newer joys.

To our own time the logical consequences of the "new doctrine" have

come. To-day "abyss calls upon abyss," change calls for change, laxity

calls for license. Divorce is now a recognized presence in high life and

low; and polygamy, the first-born of divorce, sits shameless in palace

and in hovel. Yet the teacher that feared not to speak the words of

truth in bygone ages is not silent now. In no uncertain tones, the

church proclaims to the world to-day the unchangeable law of the strict

unity and absolute indissolubility of valid and consummated Christian

marriage.

To the question then, "Can divorce from the bond of marriage ever be

allowed?" the Catholic can only answer no.

* "Divorce and Divorce Legislation," by Theodore D. Woolsey,

2d Ed., p. 126.

And for this no, his first and last and best reason can be but this:

"_Thus saith the Lord_."

As time goes on the wisdom of the church in absolutely forbidding

divorce from the marriage bond grows more and more plain even to the

many who deny to this prohibition a divine and authoritative sanction.

And nowhere is this more true than in our own country. Yet our

experience of the evils of divorce is but the experience of every people

that has cherished this monster.

Let us take but a hasty view of the consequences of divorce in ancient

times. Turn only to pagan Greece and Rome, two peoples that practised

divorce most extensively. In both we find divorce weakening their

primitive virtue and making their latter corruption more corrupt. Among

the Greeks morality declined as material civilization advanced. Divorce

grew easy and common, and purity and peace were banished from the family

circle. Among the Romans divorce was not common until the latter days of

the Republic. Then the flood-gates of immorality were opened, and, with

divorce made easy, came rushing in corruption of morals among both sexes

and in every walk of life. "Passion, interest, or caprice," Gibbon, the

historian, tells us, "suggested daily motives for the dissolution

of marriage; a word, a sign, a message, a letter, the mandate of a

freedman, declared the separation; the most tender of human connections

was degraded to a transient society of profit or pleasure."* Each

succeeding generation witnessed moral corruption more general, moral

degradation more profound; men and women were no longer ashamed of

licentiousness; until at length the nation that became mighty because

built on a pure family fell when its corner-stone crumbled away in

rottenness.

* "Decline and Fall of the Roman Empire," Milman's Ed., Vol.

III., p. 236.

Heedless of the lessons taught by history, modern nations, too, have

made trial of divorce. In Europe, wherever the new gospel of marriage

and divorce has had! notable influence, divorce has been legalized; and

in due proportion to the extent of that influence causes for divorce

have been multiplied, the bond of marriage more and more recklessly

broken, and the obligations of that sacred state more and more

shamelessly disregarded. In our own country the divorce evil has grown

more rapidly than our growth and strengthened more rapidly than our

strength. Mr. Carroll D. Wright, in a special report on the statistics

of marriage and divorce made to Congress in February, 1889, places the

number of divorces in the United States in 1867 at 9,937, and the number

in 1886 at 25,535. These figures show an increase of the divorce evil

much out of proportion to our increase in population. The knowledge that

divorces can easily be procured encourages hasty marriages and

equally hasty preparations. Legislators and judges in some States

are encouraging inventive genius in the art of finding new causes for

divorce. Frequently the most trivial and even ridiculous pretexts are

recognized as sufficient for the rupture of the marriage bond; and

in some States divorce can be obtained "without publicity," and even

without the knowledge of the defendant--in such cases generally an

innocent wife. Crime has sometimes been committed for the very purpose

of bringing about a divorce, and cases are not rare in which plots have

been laid to blacken the reputation of a virtuous spouse in order

to obtain legal freedom for new nuptials. Sometimes, too, there is a

collusion between the married parties to obtain divorce. One of them

trumps up charges; the other does not oppose the suit; and judgment is

entered for the plaintiff. Every daily newspaper tells us of divorces

applied for or granted, and the public sense of decency is constantly

being shocked by the disgusting recital of of divorce-court scandals.

We are filled with righteous indignation at Mormonism; we brand it as

a national disgrace, and justly demand its suppression. Why? Because,

forsooth, the Mormons are polygamists. Do we forget that there are

two species of polygamy--simultaneous and successive? Mormons practise

without legal recognition the first species; while among us the second

species is indulged in, and with the sanction of law, by thousands in

whose nostrils Mormonism is a stench and an abomination. The Christian

press and pulpit of the land denounce the Mormons as "an adulterous

generation," but too often deal very tenderly with Christian

polygamists. Why? Is Christian polygamy less odious in the eyes of God

than Mormon polygamy? Among us, *tis true, the one is looked upon as

more respectable than the other. Yet we know that the Mormons as a

class, care for their wives and children; while Christian polygamists

but too often leave wretched wives to starve, slave, or sin, and

leave miserable children a public charge. "O divorced and much-married

Christian," says the polygamous dweller by Salt Lake, "pluck first the

beam from thy own eye, and then shalt thou see to pluck the mote from

the eye of thy much-married, but undivorced, Mormon brother." It follows

logically from the Catholic doctrine of the unity and indissolubility

of marriage, and the consequent prohibition of divorce from the marital

bond, that no one, even though divorced _a vinculo_ by the civil power,

can be allowed by the church to take another consort during the lifetime

of the true wife or husband, and such connection the church can but hold

as sinful. It is written: "Whosoever shall put away his wife and marry

another committeth adultery against her. And if the wife shall put away

her husband, and be married to another, she committeth adultery."*

* Mark, x., ii, 12.

Of course, I am well aware that upon the words of our Saviour as found

in St. Matthew, Chap. xix., 9, many base the right of divorce from the

marriage bond for adultery, with permission to remarry. But, as is

well known, the Catholic Church, upon the concurrent testimony of the

Evangelists Mark* and Luke,** and upon the teaching of St. Paul,***

interprets our Lord's words quoted by St. Matthew as simply permitting,

on account of adultery, divorce from bed and board, with no right to

either party to marry another.

But even if divorce _a vinculo_ were not forbidden by divine law, how

inadequate a remedy would it be for the evils for which so many deem it

a panacea. "Divorce _a vinculo_," as Dr. Brownson truly says, "logically

involves divorce _ad libitum."_*** Now, what reason is there to suppose

that parties divorced and remated will be happier in the new connection

than in the old? As a matter of fact, many persons have been divorced

a number of times. Sometimes, too, it happens that, after a period of

separation, divorced parties repent of their folly, reunite, and are

again divorced. Indeed, experience clearly proves that unhappiness

among married people frequently does not arise so much from "mutual

incompatibility" as from causes inherent in one or both of the

parties--causes that would be likely to make a new union as wretched

as the old one. There is wisdom in the pithy saying of-a recent writer:

"Much ill comes, not because men and women are married, but because they

are fools."***

* Mark, x., n, 12. Luke, xvi., 18. J I. Cor.,vii., 10, 11.

** Essay on "The Family--Christian and Pagan."

*** Prof. David Swing in Chicago Journal.

There are some who think that the absolute prohibition of divorce does

not contribute to the purity of society, and are therefore of opinion

that divorce with liberty to remarry does good in this regard. He who

believes the matrimonial bond indissoluble, divorce a vinculo evil, and

the connection resulting from it criminal, can only say: "Evil should

not be done that good may come." But, after all, would even passing good

come from this greater freedom? In a few exceptional cases--Yes: in

the vast majority of cases--No. The trying of divorce as a safeguard of

purity is an old experiment, and an unsuccessful one. In Rome adulteries

increased as divorces were multiplied. After speaking of the facility

and frequency of divorce among the Romans, Gibbon adds:

"A specious theory is confuted by this free and perfect experiment,

which demonstrates that the liberty of divorce does not contribute

to happiness and virtue. The facility of separation would destroy

all mutual confidence, and inflame every trifling dispute. The minute

difference between a husband and a stranger, which might so easily be

removed, might still more easily be forgotten."*

How _apropos_ in this connection are the words of Professor Woolsey:

"Nothing is more startling than to pass from the first part of the

eighteenth to this latter part of the nineteenth century, and to observe

how law has changed and opinion has altered in regard to marriage, the

great foundation of society, and to divorce; and how, almost pari passu,

various offences against chastity, such as concubinage, prostitution,

illegitimate births, abortion, disinclination to family life, have

increased also--not, indeed, at the same pace everywhere, or all of them

equally in all countries, yet have decidedly increased on the whole."!

Surely in few parts of the wide world is the truth of these strong words

more evident than in those parts of our own country where loose divorce

laws have long prevailed.

It should be noted that, while never allowing the dissolution of the

marriage bond, the Catholic Church has always permitted, for grave

causes and under certain conditions, a temporary or permanent

"separation from bed and board."

* "Decline and Fall of the Roman Empire," Milman's Ed., Vol.

III., p. 236.

** "Divorce and Divorce Legislation," 2d Ed., p. 274.

The causes which, _positis ponendis_, justify such separation may be

briefly given thus: mutual consent, adultery, and grave peril of soul or

body.

It may be said that there are persons so unhappily mated and so

constituted that for them no relief can come save from divorce _a

vinculo_, with permission to remarry. I shall not linger here to point

out to such the need of seeking from a higher than earthly power the

grace to suffer and be strong. But for those whose reasoning on this

subject is of the earth, earthy, I shall add some words of practical

worldly wisdom from eminent jurists. In a note to his edition of

Blackstone's "Commentaries," Mr. John Taylor Coleridge says:

"It is no less truly than beautifully said by Sir W. Scott, in the case

of Evans v. Evans, that 'though in particular cases the repugnance

of the law to dissolve the obligation of matrimonial cohabitation may

operate with great severity upon individuals, yet it must be carefully

remembered that the general happiness of the married life is secured

by its indissolubility.' When people understand that they must live

together, except for a few reasons known to the law, they learn to

soften by mutual accommodation that yoke which they know they cannot

shake off: they become good husbands and good wives from the necessity

of remaining husbands and wives: for necessity is a powerful master in

teaching the duties which it imposes. If it were once understood that

upon mutual disgust married persons might be legally separated, many

couples who now pass through the world with mutual comfort, with

attention to their common offspring, and to the moral order of civil

society, might have been at this moment living in a state of mutual

unkindness, in a state of estrangement from their common offspring, and

in a state of the most licentious and unrestrained immorality. In this

case, as in many other cases, the happiness of some individuals must be

sacrificed to the greater and more general good."

The facility and frequency of divorce, and its lamentable consequences,

are nowadays calling much attention to measures of "divorce reform."

"How can divorce reform be best secured?" it may be asked. Believing,

as I do, that divorce is evil, I also believe that its "reformation"

and its death must be simultaneous. It should cease to be. Divorce as we

know it began when marriage was removed from the domain of the church:

divorce shall cease when the old order shall be restored. Will this ever

come to pass? Perhaps so--after many days. Meanwhile, something might

be done, something should be done, to lessen the evils of divorce. Our

present divorce legislation must be presumed to be such as the majority

of the people wish it. A first step, therefore, in the way of "divorce

reform" should be the creation of a more healthy public sentiment on

this question. Then will follow measures that will do good in proportion

to their stringency. A few practical suggestions as to the salient

features of remedial divorce legislation may not be out of place.

Persons seeking at the hands of the civil law relief in matrimonial

troubles should have the right to ask for divorce _a vinculo_, or

simple separation _a mensa et thoro_, as they may elect. The number

of legally-recognized grounds for divorce should be lessened, and

"noiseless" divorces forbidden. "Rapid-transit" facilities for passing

through divorce courts should be cut off, and divorce "agencies" should

be suppressed. The plaintiff in a divorce case should be a _bona fide_

resident of the judicial district in which his petition is filed, and in

every divorce case the legal representatives of the State should appear

for the defendant, and, by all means, the right of remarriage after

divorce should be restricted. If divorce cannot be legislated out of

existence, let, at least, its power for evil be diminished.

James Cardinal Gibbons.

I am asked certain questions with regard to the attitude of the

Episcopal Church towards the matter of divorce. In undertaking to answer

them, it is to be remembered that there is a considerable variety of

opinion which is held in more or less precise conformity with doctrinal

or canonical declarations of the church. With these variations this

paper, except in so far as it may briefly indicate them, is not

concerned. Nor is it an expression of individual opinion. That is not

what has been asked for or attempted.

The doctrine and law of the Protestant Episcopal Church on the subject

of divorce is contained in canon 13, title II., of the "Digest of the

Canons," 1887. That, canon has been to a certain extent interpreted by

Episcopal judgments under section IV. The "public opinion" of the

clergy or laity can only be ascertained in the usual way; especially

by examining their published treatises, letters, etc., and perhaps most

satisfactorily by the reports of discussion in the diocesan and general

conventions on the subject of divorce. Among members of the Protestant

Episcopal Church divorce is excessively rare, cases of uncertainty in

the application of the canon, are much more rare, and the practice of

the clergy is almost perfectly uniform. There is, however, by no means

the same uniformity in their opinions either as to divorce or marriage.

As divorce is necessarily a mere accident of marriage, and as divorce is

impossible without a precedent marriage, much practical difficulty might

arise, and much difference of opinion does arise, from the fact that the

Protestant Episcopal Church has nowhere defined marriage. Negatively,

it is explicitly affirmed (Article XXV.) that "matrimony is not to

be counted for a sacrament of the Gospel." This might seem to reduce

matrimony to a civil contract. And accordingly the first rubric in

the _Form of Solemnization of Matrimony_ directs, on the ground of

differences of laws in the various States, that "the minister is left

to the direction of those laws in everything that regards the civil

contract between the parties." Laws determining what persons shall be

capable of contracting would seem to be included in "everything that

regards the civil contract;" and unquestionably the laws of most of

the States render all persons legally divorced capable of at once

contracting a new marriage. Both the first section of canon 13 and the

_Form of Solemnization_, affirm that, "if any persons be joined together

otherwise than as God's word doth allow, their marriage is not

lawful." But it is nowhere excepting as to divorce, declared _what the

impediments are_. The Protestant Episcopal Church has never, by canon

or express legislation, published, for instance, a table of prohibited

degrees.

On the matter of divorce, however, canon 13, title II., supersedes, for

the members of the Protestant Episcopal Church, both a part of the civil

law relating to the persons capable of contracting marriage, and also

all private judgment as to the teaching of "the Word of God" on that

subject. No minister is allowed, as a rule, to solemnize the marriage of

any man or woman who has a divorced husband or wife still living. But

if the person seeking to be married is the innocent party in the divorce

for adultery, that person, whether man or woman, may be married by

a minister of the church. With the above exception, the clergy are

forbidden to administer the sacraments to any divorced and remarried

person without the express permission of the bishop, unless that person

be "penitent" and "in imminent danger of death." Any doubts "as to the

facts of any case under section II. of this canon" must be referred to

the bishop. Of course, where there is no reasonable doubt the minister

may proceed. It may be added that the sacraments are to be refused also

to persons who may be reasonably supposed to have contracted marriage

"otherwise," in any respect, "than as the Word of God and the discipline

of this Church doth allow." These impediments are nowhere defined; and

accordingly it has happened that a man who had married a deceased wife's

sister and the woman he had married were, by the private judgment of

a priest, refused the holy communion. The civil courts do not seem

inclined to protect the clergy from consequences of interference with

the civil law. In Southbridge, Mass., a few weeks ago, a man who

had been denounced from the altar for marrying again after a divorce

obtained a judgment for $1,720 damages. The law of the church would

seem to be that, even though a legal divorce may have been obtained,

remarriage is absolutely forbidden, excepting to the innocent party,

whether man or woman, in a divorce for adultery. The penalty for breach

of this law might involve, for the officiating clergyman, deposition

from the ministry; for the offending man or woman, exclusion from the

sacraments, which, in the judgment of a very large number of the clergy,

involves everlasting damnation.

It is obvious, then, that the Protestant Episcopal Church allows the

complete validity of a divorce _a vinculo_ in the case of adultery, and

the right of remarriage to the innocent party. But that church has

not determined in what manner either the grounds of the divorce or the

"innocence" of either party is to be ascertained. The canon does not

require a clergyman to demand, nor can the church enable him to secure,

the production of a copy of the record or decree of the court of law

by which a divorce is granted, nor would such decree indicate the

"innocence" of one party, though it might prove the guilt of the other.

The effect of divorce upon the integrity of the family is too obvious to

require stating. As the father and mother are the heads of the family,

their separation must inevitably destroy the common family life. On the

other hand, it is often contended that the destruction has been already

completed, and that a divorce is only the legal recognition of what has

already taken place; "the integrity of the family" can scarcely remain

when either a father or mother, or both, are living in violation of the

law on which that integrity rests. The question may be asked whether the

absolute prohibition of divorce would contribute to the moral purity of

society. It is difficult to answer such a question, because anything

on the subject must be comparatively worthless until verified by

experience. It is quite certain that the prohibition of divorce never

prevents illicit sexual connections, as was abundantly proved when

divorce in England was put within the reach of persons who were not able

to afford the expense of a special act of Parliament. It is, indeed,

so palpable a fact that any amount of evidence or argument is wholly

superfluous.

The law of the Protestant Episcopal Church is by no means identical with

the opinion of either the clergy or the laity. In the judgment of many,

the existing law is far too lax, or, at least, the whole doctrine

of marriage is far too inadequately dealt with in the authoritative

teaching of the church. The opinion of this school finds, perhaps,

its most adequate expression in the report of a committee of the last

General Convention forming Appendix XIII. of the "Journal" of that

convention. It is, substantially, that the Mosaic law of marriage is

still binding upon the church, unless directly abrogated by Christ

himself; that it was abrogated by him only so far that all divorce was

forbidden by him, excepting for the cause of fornication; that a woman

might not claim divorce for any reason whatever; that the marriage of a

divorced person until the death of the other party is wholly forbidden;

that marriage is not merely a civil contract, but a spiritual and

supernatural union, requiring for its mutual obligation a supernatural,

divine grace; that such grace is only imparted in the sacrament of

matrimony, which is a true sacrament and does actually confer grace;

that marriage is wholly within the jurisdiction of the church, though

the State may determine such rules and guarantees as may secure

publicity and sufficient evidence of a marriage, etc.; that severe

penalties should be inflicted by the State, on the demand of the church,

for the suppression of all offences against the seventh commandment and

sundry other parts of the Mosaic legislation, especially in relation to

"prohibited degrees."

There is another school, equally earnest and sincere in its zeal for

the integrity of the family and sexual purity, which would nevertheless

repudiate much the greater part of the above assumption. This school, if

one may so venture to combine scattered opinions, argues substantially

as follows: The type of all Mosaic legislation was circumcision; that

rite was of universal obligation and divine authority. St. Paul so

regarded it. The abrogation of the law requiring circumcision was,

therefore, the abrogation of the whole of the Mosaic legislation. The

"burden of proof," therefore, rests upon those who affirm the present

obligation of what formed a part of the Mosaic law; and they must show

that it has been reenacted by Christ and his Apostles or forms some part

of some other and independent system of law or morals still in force.

Christ's words about divorce are not to be construed as a positive law,

but as expressing the ideal of marriage, and corresponding to his words

about eunuchs, which not everybody "can receive." So far as Christ's

words seem to indicate an inequality as to divorce between man and

woman, they are explained by the authoritative and inspired assertion of

St. Paul: "In Christ Jesus there is neither male nor female." A divine

law is equally authoritative by whomsoever declared--whether by the Son

Incarnate or by the Holy Ghost speaking through inspired Apostles. If,

then, a divine law was ever capable of suspension or modification, it

may still be capable of such suspension or modification in corresponding

circumstances. The circumstances which justified a modification of the

original divine law of marriage do still exist in many conditions of

society and even of individual life. The Protestant Episcopal Church

cannot, alone, speak with such authority on disputed passages of

Scripture as to justify her ministers in direct disobedience to the

civil authority, which is also "ordained of God." The exegesis of the

early church was closely connected with theories about matter, and

about the inferiority of women and of married life, which are no longer

believed.

Of course this is a very brief statement. As a matter of fact the actual

effect of the doctrine and discipline of the Protestant Episcopal Church

on marriage and divorce is that divorce among her members is excessively

rare; that it is regarded with extreme aversion; and that the public

opinion of the church maintains the law as it now is, but could not be

trusted to execute laws more stringent. A member of the committee of the

General Convention whose report has been already referred to closes that

report with the following protest:

"The undersigned finds himself unable to concur in so much of the

[proposed] canon as forbids the holy communion to a truly pious and

godly woman who has been compelled by long years of suffering from

a drunken and brutal husband to obtain a divorce, and has regularly

married some suitable person according to the established laws of the

land. And also from so much of the [proposed] canon as may seem to

forbid marriage with a deceased wife's sister."

The final action on these points, which has already been stated,

indicates that the proposed report thus referred to was, in one

particular at least, in advance of the sentiment of the church as

expressed in her General Convention.

Henry C. Potter.

_Question (1.) Do you believe in the principle of divorce under any

circumstances?_

The world for the most part is ruled by the tomb, and the living are

tyrannized over by the dead. Old ideas, long after the conditions under

which they were produced have passed away, often persist in surviving.

Many are disposed to worship the ancient--to follow the old paths,

without inquiring where they lead, and without knowing exactly where

they wish to go themselves.

Opinions on the subject of divorce have been, for the most part,

inherited from the early Christians. They have come to us through

theological and priestly channels. The early Christians believed that

the world was about to be destroyed, or that it was to be purified by

fire; that all the wicked were to perish, and that the good were to

be caught up in the air to meet their Lord--to remain there, in all

probability, until the earth was prepared as a habitation for the

blessed. With this thought or belief in their minds, the things of this

world were of comparatively no importance. The man who built larger

barns in which to store his grain was regarded as a foolish farmer, who

had forgotten, in his greed for gain, the value of his own soul.

They regarded prosperous people as the children of Mammon, and the

unfortunate, the wretched and diseased, as the favorites of God. They

discouraged all worldly pursuits, except the soliciting of alms. There

was no time to marry or to be given in marriage; no time to build homes

and have families. All their thoughts were centred upon the heaven

they expected to inherit. Business, love, all secular things, fell into

disrepute.

Nothing is said in the Testament about the families of the apostles;

nothing of family life, of the sacredness of home; nothing about the

necessity of education, the improvement and development of the mind.

These things were forgotten, for the reason that nothing, in the

presence of the expected event, was considered of any importance, except

to be ready when the Son of Man should come. Such was the feeling, that

rewards were offered by Christ himself to those who would desert their

wives and children. Human love was spoken of with contempt. "Let the

dead bury their dead. What is that to thee? Follow thou me." They not

only believed these things, but acted in accordance with them; and, as a

consequence, all the relations of life were denied or avoided, and their

obligations disregarded. Marriage was discouraged. It was regarded as

only one degree above open and unbridled vice, and was allowed only

in consideration of human weakness. It was thought far better not to

marry--that it was something grander for a man to love God than to

love woman. The exceedingly godly, the really spiritual, believed in

celibacy, and held the opposite sex in a kind of pious abhorrence. And

yet, with that inconsistency so characteristic of theologians, marriage

was held to be a sacrament. The priest said to the man who married:

"Remember that you are caught for life. This door opens but once. Before

this den of matrimony the tracks are all one way." This was in the

nature of a punishment for having married. The theologian felt that the

contract of marriage, if not contrary to God's command, was at least

contrary to his advice, and that the married ought to suffer in some

way, as a matter of justice. The fact that there could be no divorce,

that a mistake could not be corrected, was held up as a warning. At

every wedding feast this skeleton stretched its fleshless finger towards

bride and groom.

Nearly all intelligent people have given up the idea that the world is

about to come to an end. They do not now believe that prosperity is a

certain sign of wickedness, or that poverty and wretchedness are sure

certificates of virtue. They are hardly convinced that Dives should have

been sent to hell simply for being rich, or that Lazarus was entitled

to eternal joy on account of his poverty. We now know that prosperous

people may be good, and that unfortunate people may be bad. We have

reached the conclusion that the practice of virtue tends in the

direction of prosperity, and that a violation of the conditions of

well-being brings, with absolute certainty, wretchedness and misfortune.

There was a time when it was believed that the sin of an individual

was visited upon the tribe, the community, or the nation to which he

belonged. It was then thought that if a man or woman had made a vow

to God, and had failed to keep the vow, God might punish the entire

community; therefore it was the business of the community to see to it

that the vow was kept. That idea has been abandoned. As we progress, the

rights of the individual are perceived, and we are now beginning dimly

to discern that there are no rights higher than the rights of the

individual. There was a time when nearly all believed in the reforming

power of punishment--in the beneficence of brute force. But the world is

changing. It was at one time thought that the Inquisition was the savior

of society; that the persecution of the philosopher was requisite to the

preservation of the state, and that, no matter what happened, the state

should be preserved. We have now more light. And standing upon this

luminous point that we call the present, let me answer your questions.

Marriage is the most important, the most sacred, contract that

human beings can make. No matter whether we call it a contract, or a

sacrament, or both, it remains precisely the same. And no matter whether

this contract is entered into in the presence of magistrate or priest,

it is exactly the same. A true marriage is a natural concord and

agreement of souls, a harmony in which discord is not even imagined;

it is a mingling so perfect that only one seems to exist; all other

considerations are lost; the present seems to be eternal. In this

supreme moment there is no shadow--or the shadow is as luminous as

light. And when two beings thus love, thus unite, this is the true

marriage of soul and soul. That which is said before the altar, or

minister, or magistrate, or in the presence of witnesses, is only the

outward evidence of that which has already happened within; it simply

testifies to a union that has already taken place--to the uniting of two

mornings of hope to reach the night together. Each has found the ideal;

the man has found the one woman of all the world--the impersonation of

affection, purity, passion, love, beauty, and grace; and the woman has

found the one man of all the world, her ideal, and all that she knows of

romance, of art, courage, heroism, honesty, is realized in him. The

idea of contract is lost. Duty and obligation are instantly changed into

desire and joy, and two lives, like uniting streams, flow on as one.

Nothing can add to the sacredness of this marriage, to the obligation

and duty of each to each. There is nothing in the ceremony except the

desire on the part of the man and woman that the whole world should know

that they are really married and that their souls have been united.

Every marriage, for a thousand reasons, should be public, should be

recorded, should be known; but, above all, to the end that the purity of

the union should appear. These ceremonies are not only for the good and

for the protection of the married, but also for the protection of their

children, and of society as well. But, after all, the marriage remains

a contract of the highest possible character--a contract in which each

gives and receives a heart.

The question then arises, Should this marriage, under any circumstances,

be dissolved? It is easy to understand the position taken by the various

churches; but back of theological opinions is the question of contract.

In this contract of marriage, the man agrees to protect and cherish his

wife. Suppose that he refuses to protect; that he abuses, assaults, and

tramples upon the woman he wed. What is her redress? Is she under

any obligation to him? He has violated the contract. He has failed to

protect, and, in addition, he has assaulted her like a wild beast. Is

she under any obligation to him? Is she bound by the contract he has

broken? If so, what is the consideration for this obligation? Must she

live with him for his sake? or, if she leaves him to preserve her life,

must she remain his wife for his sake? No intelligent man will answer

these questions in the affirmative.

If, then, she is not bound to remain his wife for the husband's sake,

is she bound to remain his wife because the marriage was a sacrament? Is

there any obligation on the part of the wife to remain with the brutal

husband for the sake of God? Can her conduct affect in any way the

happiness of an infinite being? Is it possible for a human being to

increase or diminish the well-being of the Infinite?

The next question is as to the right of society in this matter. It must

be admitted that the peace of society will be promoted by the separation

of such people. Certainly society cannot insist upon a wife remaining

with a husband who bruises and mangles her flesh. Even married women

have a right to personal security. They do not lose, either by contract

or sacrament, the right of self-preservation; this they share in common,

to say the least of it, with the lowest living creatures.

This will probably be admitted by most of the enemies of divorce; but

they will insist that while the wife has the right to flee from

her husband's roof and seek protection of kindred or friends, the

marriage--the sacrament--must remain unbroken. Is it to the interest of

society that those who despise each other should live together? Ought

the world to be peopled by the children of hatred or disgust, the

children of lust and loathing, or by the welcome babes of mutual love?

Is it possible that an infinitely wise and compassionate God insists

that a helpless woman shall remain the wife of a cruel wretch? Can

this add to the joy of Paradise, or tend to keep one harp in tune? Can

anything be more infamous than for a government to compel a woman to

remain the wife of a man she hates--of one whom she justly holds in

abhorrence? Does any decent man wish the assistance of a constable,

a sheriff, a judge, or a church, to keep his wife in his house? Is it

possible to conceive of a more contemptible human being than a man who

would appeal to force in such a case? It may be said that the woman is

free to go, and that the courts will protect her from the brutality of

the man who promised to be her protector; but where shall the woman go?

She may have no friends; or they may be poor; her kindred may be

dead. Has she no right to build another home? Must this woman, full of

kindness, affection, health, be tied and chained to this living corpse?

Is there no future for her? Must she be an outcast forever--deceived and

betrayed for her whole life? Can she never sit by her own hearth, with

the arms of her children about her neck, and with a husband who loves

and protects her? Is she to become a social pariah, and is this for the

benefit of society?--or is it for the sake of the wretch who destroyed

her life?

The ground has been taken that woman would lose her dignity if marriage

could be annulled. Is it necessary to lose your liberty in order to

retain your moral character--in order to be pure and womanly? Must a

woman, in order to retain her virtue, become a slave, a serf, with a

beast for a master, or with society for a master, or with a phantom for

a master?

If an infinite being is one of the parties to the contract, is it not

the duty of this being to see to it that the contract is carried out?

What consideration does the infinite being give? What consideration does

he receive? If a wife owes no duty to her husband because the husband

has violated the contract, and has even assaulted her life, is it

possible for her to feel toward him any real thrill of affection? If she

does not, what is there left of marriage? What part of this contract or

sacrament remains in living force? She can not sustain the relation of

wife, because she abhors him; she cannot remain under the same roof, for

fear that she may be killed. They sustain, then, only the relations

of hunter and hunted--of tyrant and victim. Is it desirable that this

relation should last through life, and that it should be rendered sacred

by the ceremony of a church?

Again I ask, Is it desirable to have families raised under such

circumstances? Are we in need of children born of such parents? Can the

virtue of others be preserved only by this destruction of happiness, by

this perpetual imprisonment?

A marriage without love is bad enough, and a marriage for wealth or

position is low enough; but what shall we say of a marriage where the

parties actually abhor each other? Is there any morality in this?

any virtue in this? Is there virtue in retaining the name of wife, or

husband, without the real and true relation? Will any good man say, will

any good woman declare, that a true, loving woman should be compelled

to be the mother of children whose father she detests? Is there a good

woman in the world who would not shrink from this herself; and is there

a woman so heartless and so immoral that she would force another to bear

that from which she would shudderingly and shriekingly shrink?

Marriages are made by men and women; not by society; not by the state;

not by the church; not by supernatural beings. By this time we should

know that nothing is moral that does not tend to the well-being of

sentient beings; that nothing is virtuous the result of which is not

good. We know now, if we know anything, that all the reasons for doing

right, and all the reasons against doing wrong, are here in this world.

We should have imagination enough to put ourselves in the place of

another. Let a man suppose himself a helpless woman beaten by a brutal

husband--would he advocate divorces then?

Few people have an adequate idea of the sufferings of women and

children, of the number of wives who tremble when they hear the

footsteps of a returning husband, of the number of children who hide

when they hear the voice of a father. Few people know the number of

blows that fall on the flesh of the helpless every day, and few know

the nights of terror passed by mothers who hold babes to their breasts.

Compared with these, all the hardships of poverty borne by those who

love each other are as nothing. Men and women truly married bear the

sufferings and misfortunes of poverty together. They console each

other. In the darkest night they see the radiance of a star, and their

affection gives to the heart of each perpetual sunshine.

The good home is the unit of the good government. The hearthstone is

the corner-stone of civilization. Society is not interested in the

preservation of hateful homes, of homes where husbands and wives are

selfish, cold, and cruel. It is not to the interest of society that good

women should be enslaved, that they should live in fear, or that they

should become mothers by husbands whom they hate. Homes should be filled

with kind and generous fathers, with true and loving mothers; and when

they are so filled, the world will be civilized. Intelligence will rock

the cradle; justice will sit in the courts; wisdom in the legislative

halls; and above all and over all, like the dome of heaven, will be the

spirit of liberty.

Although marriage is the most important and the most sacred contract

that human beings can make, still when that contract has been violated,

courts should have the power to declare it null and void upon such

conditions as may be just.

As a rule, the woman dowers the husband with her youth, her beauty, her

love--with all she has; and from this contract certainly the husband

should never be released, unless the wife has broken the conditions of

that contract. Divorces should be granted publicly, precisely as the

marriage should be solemnized. Every marriage should be known, and

there should be witnesses, to the end that the character of the contract

entered into should be understood; the record should be open and public.

And the same is true of divorces. The conditions should be determined,

the property should be divided by a court of equity, and the custody of

the children given under regulations prescribed.

Men and women are not virtuous by law. Law does not of itself create

virtue, nor is it the foundation or fountain of love. Law should protect

virtue, and law should protect the wife, if she has kept her contract,

and the husband, if he has fulfilled his. But the death of love is the

end of marriage. Love is natural. Back of all ceremony burns and will

forever burn the sacred flame. There has been no time in the world's

history when that torch was extinguished. In all ages, in all climes,

among all people, there has been true, pure, and unselfish love. Long

before a ceremony was thought of, long before a priest existed, there

were true and perfect marriages. Back of public opinion is natural

modesty, the affections of the heart; and in spite of all law, there is

and forever will be the realm of choice. Wherever love is, it is pure;

and everywhere, and at all times, the ceremony of marriage testifies to

that which has happened within the temple of the human heart.

_Question (2). Ought divorced people to be allowed to marry under any

circumstances?_

This depends upon whether marriage is a crime. If it is not a crime, why

should any penalty be attached? Can any one conceive of any reason why

a woman obtaining a divorce, without fault on her part, should be

compelled as a punishment to remain forever single? Why should she be

punished for the dishonesty or brutality of another? Why should a man

who faithfully kept his contract of marriage, and who was deserted by an

unfaithful wife, be punished for the benefit of society? Why should he

be doomed to live without a home?

There is still another view. We must remember that human passions are

the same after as before divorce. To prevent remarriage is to give

excuse for vice.

_Question (3). What is the effect of divorce upon the integrity of the

family?_

The real marriage is back of the ceremony, and the real divorce is

back of the decree. When love is dead, when husband and wife abhor each

other, they are divorced. The decree records in a judicial way what has

really taken place, just as the ceremony of marriage attests a contract

already made.

The true family is the result of the true marriage, and the institution

of the family should above all things be preserved. What becomes of the

sacredness of the home, if the law compels those who abhor each other to

sit at the same hearth? This lowers the standard, and changes the happy

haven of home into the prison-cell. If we wish to preserve the integrity

of the family, we must preserve the democracy of the fireside, the

republicanism of the home, the absolute and perfect equality of husband

and wife. There must be no exhibition of force, no spectre of fear. The

mother must not remain through an order of court, or the command of a

priest, or by virtue of the tyranny of society; she must sit in absolute

freedom, the queen of herself, the sovereign of her own soul and of

her own body. Real homes can never be preserved through force, through

slavery, or superstition. Nothing can be more sacred than a home, no

altar purer than the hearth.

_Question (4). Does the absolute prohibition of divorce where it exists

contribute to the moral purity of society?_

We must define our terms. What is moral purity? The intelligent of

this world seek the well-being of themselves and others. They know that

happiness is the only good; and this they strive to attain. To live in

accordance with the conditions of well-being is moral in the highest

sense. To use the best instrumentalities to attain the highest ends is

our highest conception of the moral. In other words, morality is the

melody of the perfection of conduct. A man is not moral because he

is obedient through fear or ignorance. Morality lives in the realm

of perceived obligation, and where a being acts in accordance with

perceived obligation, that being is moral. Morality is not the child of

slavery. Ignorance is not the corner-stone of virtue.

The first duty of a human being is to himself. He must see to it that

he does not become a burden upon others. To be self-respecting, he must

endeavor to be self-sustaining. If by his industry and intelligence he

accumulates a margin, then he is under obligation to do with that margin

all the good he can. He who lives to the ideal does the best he can. In

true marriage men and women give not only their bodies, but their souls.

This is the ideal marriage; this is moral. They who give their bodies,

but not their souls, are not married, whatever the ceremony may be; this

is immoral.

If this be true, upon what principle can a woman continue to sustain the

relation of wife after love is dead? Is there some other consideration

that can take the place of genuine affection? Can she be bribed with

money, or a home, or position, or by public opinion, and still remain a

virtuous woman? Is it for the good of society that virtue should be thus

crucified between church and state? Can it be said that this contributes

to the moral purity of the human race?

Is there a higher standard of virtue in countries where divorce is

prohibited than in those where it is granted? Where husbands and wives

who have ceased to love cannot be divorced, there are mistresses and

lovers.

The sacramental view of marriage is the shield of vice. The world looks

at the wife who has been abused, who has been driven from the home of

her husband, and the world pities; and when this wife is loved by some

other man, the world excuses. So, too, the husband who cannot live in

peace, who leaves his home, is pitied and excused.

Is it possible to conceive of anything more immoral than for a husband

to insist on living with a wife who has no love for him? Is not this a

perpetual crime? Is the wife to lose her personality? Has she no right

of choice? Is her modesty the property of another? Is the man she hates

the lord of her desire? Has she no right to guard the jewels of her

soul? Is there a depth below this? And is this the foundation of

morality? this the corner-stone of society? this the arch that supports

the dome of civilization? Is this pathetic sacrifice on the one hand,

this sacrilege on the other, pleasing in the sight of heaven?

To me, the tenderest word in our language, the most pathetic fact within

our knowledge, is maternity. Around this sacred word cluster the joys

and sorrows, the agonies and ecstasies, of the human race. The mother

walks in the shadow of death that she may give another life. Upon

the altar of love she puts her own life in pawn. When the world is

civilized, no wife will become a mother against her will. Man will then

know that to enslave another is to imprison himself.

Robert G. Ingersoll.

The Works of Robert G. Ingersoll, Vol. 06 (of 12) Dresden Edition—Discussions · 第 41 / 64 题