The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1891-11-05
Divorce and the Churches.

L
not committed to the view of divorce
taken by the eminent layman who read a
paper on that subject before the Ecumen-
ical Council of the Methodist church.
Nevertheless, the views expressed by
Judge Sibley are those which there is
reason to believe are held very extensive-
~ throughout the church, and they will
appear to members Of some other COM
munities to be Of an alarming laxity The
Roman Catholic church has always for
hidden divorce upon any ground what
ever. The Episcopal church in this
country has opposed the granting Of di-
vorces upon any other than the Scriptural
ground. Other churches differ as 10 the
cause for which divorce should be grant
ed but it seems safe to say that the doc
trine of the churches in general is more
stringent than the laws Of most Of the
states, and, perhaps, than the opinion OF
numerical majority of the American
people, 1t is worth noting that the abso-
lutte prohibition Of divorce may be de-
Tended upon other than Scriptural
grounds.
It is probable that the opinions ex-
pressed in Judge Sibley's paper are those
which are held by majority OF the
American people. In6delity and desertion
are the two causes which he recognizes as
efficient for the dissolution of marriage,
and these are recognized as lawful causes
by considerable majority of the States.
That our laws of marriage and divorce
are in very unsatisfactory condition will
be admitted by everybody. 1t is a scan
dial that any person should be held to be
married in one State and single in another;
and equally scandalouS that dissatisfied
husband or wife should be able to obtain
in one State the relief denied in another.
There is an old saying to the effect that i
IS even more important that the law
should be known than that it should be
right. It will be admitted, even by those
who think American laws in general toe
lax, that it is more important that the
laws of marriage and divorce, which are
at the basis of all our institutions, Should
be uniform than that in minority OF the
States they should be strict, and that is
the practical question. The present con
dition Of the law merely tempts discon-
tented husbands and wives to evade the
| laws of their own and of other States and
to resort to dishonorable tricks and sub
terfuges, which bring not merely them,
| selves, but the law into general contempt.
Those who hold the sacramental view OF
marriage could not conScientiously vote
for any divorce law, whereas not stngls
State in the Union is now Withou
When the sacramental view is abanG
or not attempted to be imposed b. ISL.
civil law, merely human and social con
siderations will prevail, and in almost al
American States these considerations have
been embodied in laws that grant divorce
to the innocent and suffering party.
In Wisconsin it is doubtful if our law
keeps together many couples who other
wise would live apart-What it does is tt
lead the dissatisfied to attempt what are
virtually frauds upon the laws of Other
| States, and that is a result that can no
commend itself to anybody. Nor is i
reasonable that one party to marriage
shall in any degree be bound when the
other is released. This is done by the
laws Of several States, and apparently is
intended to punish the offending party
Such punishment, however, should bt
inflicted directly and not indirectly, BY
imposing a prohibition of remarriage
which is certainly not in the interest o.
morality or Of society, but is purely PAM
tive It is worth pointing out, too, sha
the ecclesiastical and social penalties
which undoubtedly do keep many dis
contented couples together, would not bt
abolished if the laws of the States, which
| now take an exceptionally strict view o.
the bond of marriage, were CONFIRMED tx
those of other States AS it is incompe
tent for Congress to deal with this sub
ject, our only hope of uniform law o.
marriage and divorce, founded upon the
average American opinion upon the sub
! ject, is in moral suasion addressed to the
Legislature of the several States, and fol
this purpose there is no better agency
than the churches, and among them none
| better than the Methodist Church, which
has large membership and strong in
fuence in every State Of the Union.