The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-21
The Question Of Divorce.

Judge SiBLEY Of Ohio correctly stated at
tho Methodist EcumeDcnl Conference the
Protestant doctrine as to divorce when he
said that 1t permitted the dissolution OF
marriage on either Of the two grounds OF
adultery OF wilful desertion. the one the
cause allowed by JESUS. according to Prot
estant Interpretation Of Scripture. and the
other the cause allowed by st. PAUL, under
the explanation VI his words which came In
with the Reformation.
The Roman Catholic law OF marriage
forbids divorce for any cnnse whatever.
It makes marriage sacramental and intlis-
soluble except by death; and therefore the
Roman Church offers no occasion for such
discussions as that into which the Method
ist Judge SIBLEY entered. But Protestant
ism rejected the doctrine OF the sacra-
mental character OF marriage from its very
beginning. and thereby opened the way for
divorce and for controversy cs to what its
proper causes should be. Early in the his.
tory OF Protestantsn. In the Genecah
Ecclesiastical Ordinances OF l5i1, for in.
stance. it was declared that u wife IL
mo longer bound" to a husband who
has abandoned her. The Westminster
Confession prescribes that nothing but
adultery. or such wilrul desertion as can
no way he remedied by the Church or civil
magistrate. is cause sufficient for dissolv-
ing the bond Of marriage" The Protestant
doctrine. as amplifcd by Judge S1pLEy. is
that adultery. dessrtion. and other acts
which. like the first. destroy the sexual
purity OF the relation, or. like the second.
operate TO deny to an innocent party or
to society the substantial benefits. and 90
what is essential 10 the right Of the relation.
IL its bond be held indissoluhle, are valid
causes for ahnulling It,"
The theory OF the divorce laws OF nearly
all the States Of the Union 10 consistent
with this declaration Of principles by the
Methodist Judge. 1t is that whatever tends
practically to break up the marriage rela.
ton and to defeat its purpose is . just and
reasonable ground for Its dissolution.
Hence. besides adultery. desertion. and
failure to support. and. in many States.
habitual drunkenness and cruel treatment.
are made legal grounds for divorce.
All OF these causes. unless the first,
are allowed for the benefit Of wives
more specifically. for it is they. and not the
husbands. who are the usual sufferers by
reason Ut them. as 10 proved by the much
larger number Of divorces obtained by
wives than by husbands on such grounds.
II the man deserts the woman and refuses
to support her. the family 10 broken UP and
the object Of the marriage is not
secured. II he is an habltual drunk
ard. and treats her with cruelty so
great that she cannot safely live
with him. she 10 likewise deprived Of the
benefits Of the relation and the marriage
bond becomes an intolerable fetter. That
is the argument for what Is called free d.
vorce. It Is contended that the true pur-
poses Of the marriage relation are thus de-
feated and Its muniments thrown down 40
thoroughly az by adultery itself.
II divorce IL allowed for any cause. such
discussion II both inevitable and reasonable.
II marriage is made dissolnble. It becomes
practical question as to what shall be the
grounds for its dissolution. and II there IL
difference Of religious opinion as to what
are the Scriptural grounds. legislators can.
not be blamed for fixing them accord
ing to what they regard az common
sense. Judge SBLHY finds no exact
Scrptursl statement IS to the law Of
divorce. and therefore he concludes that
the law " must be deduced from the right
and nature Of the marriage relation" and
the reasonable implications Of the Scrip.
tural causes Of adultery and desertion
which no nnds In the words Of JESUS and Of
st. PAUL. That. OF course. opens wide the
door for free divorce.