, 1880-03-07
THE POPE ON DIVORCE,

| WV
declares at this time that the rights and OBJ
legations Of marriage depend upon relig-
ious ceremony entirely independent Of the
civil contract, and that "No power can dis
| solve among Christians ratified and con-
summated marriage" the position is in con-
t1ict with the best interests Of society,
and Is dictated by the selfish desire to
maintain the oid-time, arrogant, and uncom-
promising supremacy Of the priesthood, Of
| which the Pope is the head. The encyc1icat
| on this subject has been called out by the agi-
tation now In progress In France, Catholic
country, for the recognition of divorce for
| good and sufficient cause, and the right to re-
| marry. This change in the law is advocated
| by many Of the leading press, statesmen, and
writers, but it is opposed by the priests as cal
| culated to weaken their influence, and the
Pope comes to, the aid of the Church party
! with the prestige Of his position and authori-
| ty. The institution Of marriage must be pre-
served as sacrament for the greater glory
and profit Of the Church. Recognition Of di-
| vorce by civil courts would take away from
the Church one Of its greatest powers and
perQuisits. and hence must be resisted.
The Papal dictum will undoubtedly car
~ with it considerable weight in France,
where the Church retains so strong hold
upon the masses; but the arguments used by
lectual analysis It is no more true that the
advocates Of divorce in France I" desire to
expel God and the Church from human
society" than it would be to say that every
man and woman who favor civil annu1ment
Of the marriagecontract for certain causes
are governed by the desire to avail them
selves personally Of such privilege. Under
the laws of the Church and France, q
man is bound for life to a woman
who may turn prostitute after mar
riage, and woman cannot escape the
adulterer OF felon when the Church has once
sanctioned her marriage to such person. A
separation is allowed under certain condi-
tions; but the innocent wife or the innocent
husband, as the case may be, Is forever de-
barred from forming new marital associa-
tions, and forced either to live alone OF to
form relations which both Church and State
condemn as immoral. 1t is this alternative,
involving penalty for innocence and a
temptation to vice, which the Pope would
enforce in order that the Church may lose
nothing of its present influence.
"Conjuga1 bonds lose all stability" says
the encyclical, if divorce be recognized. This
is gross exaggeratton. Divorce Is not con-
temp1ated in any civilized country except for
causes that render life in common unendur-
able; If abused at times, it is only such abuse
as all human laws are subject to, and the
remedy is In large part in the hands of tho
Church through the influence which it may
exert in the improvement of public morals,
and the framing and execution of the laws.
On the other hand, the privilege Of divorce
undoubtedly exercises certain restraint
over all persons who are disposed to dfsre-
gard the duties OF married life, and influences
them to avoid giving just otfense. "Mutual
affection is impaired" by divorce, says the
Pope. This cannot be true, since affection is
not matter of compulsion, and cannot be
controlled by the laws Of either the State or
the Church; on the contrary, mutual affec-
ton is more likely to be encouraged by the
knowledgethat fragrant disregard thereof
may be- exposed, and the offended party may
lawfully seek redress and consolation else
where
'Infdelity is strongly encouraged" the
Pope insists, where divorce is possible. Not
so, because infidelitY may be followed by
punishment in the allowance of alimony, in
the public scandal of divorce proceedings,
and in separation from children. Infdelity
is certainly much more encouraged under a
condition Of things where an outraged hus-
band or an injured wife has no means Of re-
dress and no hope Of release.
1.-THE care and education of children are |
imperiled," not so much by legal divorce
which commits the children to the care OF |
pure and innocent parent, as by the absence
of divorce, which makes the offspring subject !
to the meretricious influences of an unhappy !
home and the example and authority Of a de- !
bauched and degraded parent.
1.-THE dissolution of human society" is not |
so much to be feared from rational and fair i
system Of enforcement as from system Of !
indissolubl9 marriage which virtually con-
dones infidelity and attaches no adequate :
penalty to violations Of the uarriagecon--
tract. 4 comparison of French and Ameri-
can morals will justify this statement.
The Pope ascribes the widespread French
agitation for divorce law for good cause to
the Communists. There is less Of the vicious
in France, though the average American IA
cility for enforcement is too broad, while
there is none whatever in France. The prac-
tical Communists and Socialists care nothing
for either marriage or divorce; they would
break down both Church and State; they
defy and mock at marriage beyond tenn
porary convenience and mutual agreement.
the Communists and Socialists,
who know that oTenses against the sanctity
OF marriage are rarely, If ever, punished in
countries where divorce is not permitted, do
not trouble themselves to ask for privilege
which they exercise without legal OF church.
II authority. It is not those who are
guilty, or would be guilty, Of inidelity who
need the protection and redress of divorce
but those who are innocent and would re-
before man and God, The Popa
would maintain marriage as sacrament