St. Paul daily globe., 1888-07-27
LAW OF THE CHURCH.
Marriage and Divorce Regulations
Must Be Observed.

~
Columbia avenue, near Twenty-frst
street, has been pronounced guilty of
I violating the Episcopal church canon on
marriage and divorce. Bishop Whitaker
has announced the findings of the
ecclesiastical court, and has imposed
this sentence:
'iS That Rev. Howard T. Widdemar be
suspended from all exercises of the
offices OF the ministry as long
as his relations continue with
the present Mrs. Widdemer with
whom he now lives) and until he has
restored himself to the confidence of his
bishop by manifest repentance and
amendment OF life; provided, however,
that such suspension shall not exceed
the term of five years; and hereby
suspend him accordingly.
In support of this decision the bishop
enters into an exhaustive review of the
case, citing the indictment and the
church canon forbidding the marriage
of person who has secured divorce
: for any other reason than adultery. He
says:
/ have carefully examined and read
the whole of the official record and the
evidence in this case, embracing all the
proceedings contained in the certified
copy furnished to me by the court. l
have also received letter from the re-
SpOndent'S counsel, dated June II, con-
tanning an argument, and giving in de-
tail their reason why no sentence what
ever should be imposed on the respond
ent. Canon XVII. does not contemplate
any further argument than has been
already made, and l see no reason why
this case, already .unduly protracted,
should be further discussed.
L. ,,,Ir h.
Church is sufficiently definite and clear.
ject and intention of Canon Is Marriage
aud Divorce could justify the argument
that a clergyman can himself contract
with impunity marriage which he is
expressly forbidden to SolemniZe be-
tween third parties.
The bishop then discusses the ancient
law Of the church on this subject, show
ing that the invariable rule has been:
eff any persons be joined together
otherwise than as Gods word doth
allow, their marriage is not lawful"
Citing from the agreement of Separa-
ton which Mr.. Widdemer entered into
with his first wife, Josephine g.. dated
June, 1877, and the records of the New
Haven, Conn.,, court showing that the
husband procured divorce from his
wife April IL, 1882, on the ground of de-
sertion, the bishop attacks the legality
of the divorce, saying:
Mrs. Josephine G. Widdemer, ever
since her marriage in 1871, has been,
and still continues to be, resident of
Albany, in the state of New York. In
the divorce proceedings in Connecticut
she did not appear, nor was she repre-
sented by counsel. Under the decis-
ions of the civil courts, and in Penn
sylvania also, such a divorce would
have no binding force, as the Connecti-
cut court never had at any time any
Jurisdiction over the person of Mrs.
Widdemer.
THE ONLY LOGICAL RESULT.
Bishop Whitaker quotes volum-
inously from the law reports both in
Pennsylvania and New York to sustain
his position in this matter, and con-
cludeS:
In my Judgment the finding of the
reverend president of the court. that the
respondent, Howard L. Widdemer, is
guilty under all of the specifications in
the presentment, is the only logical and
consistent result which can be reached
giving due regard to the law of the
church and to the clear and explicit evil
dence in the case. Nearly all of this
evidence is documentary, and most of it
D.
That the respondents statement to the
late bishop about mis- own lawful wife
was not true is clearly shown by the re-
spondent's own letter of retraction of
Oct. IL, 1854. 90
This extract from a letter which
Bishop Stevens wrote to Mr.. Widdemer
on Nov. 26, 1856, is given in the discus
sion to show that Bishop Stevens had
been deceived -, -'-- '.'' ,'..
Ireceived to-day the inclosed copy of
letter to your first wife, which COM
pletely upsets and denies your solemn
statements to me that she was unfaith-
child. This letter is direct revocation
of all such charges and places you in an
unenviable light.
Continuing, Bishop Whitaker says:
Mr.. Widdemer has wholly discredited
himself by two opposite and entirely
contradictory statements in writing.
EOth of these cannot be true, and no
man is fit to be minister of the church
who places himself in such position.
The evidence leaves no doubt in my
mind that the respondent made false
statements concerning his wife to
Bishop DOane and to Bishop Stevens.
1.-The only suitable punishment for
such an offender is deposition from the
ministry Bishop Whitaker declares;
''but am unable to pronounce SEN
tence of deposition and can only i'm
pose penalty of suspension not ex-
ceeding five years, because the canonS
forbid a more severe sentence than is
recommended by the court" and adds:
This is wholly insufficient sentence
for one who has so grievously offended
against good morals, church discipline,
and, / believe, two worthy and innocent
women whose lives have been saddened
by his unprincipled conduct.
In conclusion Bishop Whitaker says:
Sympathy for clergyman who has
deliberately and persistently slandered
his wife, and deliberately and persist
emily sought to deceive his bishop, is
entirely misplaced. No false sympathy
for the criminal should blind our eyes
to the demands of justice. 1t is all im-
portant that those whom the church au-
thorizes to be the teachers of others
should mot be justly liable for evil re-
port for error in religion or viciOusness
of life" In the words of an eminent
jurist of the church: LET us not be
afrighted from the support of discipline
because of the harsh eXcesses with
which it has sometimes been enforced.
1t is not made the less essential because
bigots and tyrants have employed the
sword or the flames in its execution. A
church without discipline must become,
if not already, church without relig-
ion. Some coercive and excluding
power is indispensable, wherever faith
in its integrity. or life in its purity,
would be Yindicated or sustained.