The morning call., 1891-03-04
CANON LAW.
Rules Governing the Marriage of
Divorced People.
Interviews With Prominent Divines-S Strong
Position of the Catholic and Epis-
copal Churches.

subject OF Marriage and Divorce" and
the published declarations of several of the
Protestant clergy in this city on the same
subject have caused considerable comment
In cnurch circles during the past couple of
days. In view OF the interest aroused by
the discussion, CALL reporter yesterday
waited upon several prominent clergymen
or the different denominations and asked
their views upon the legality, in religious
sense, oil marriage in which one or both of
the contracting parties might previously
have been divorced.
AS stated in Sundays CALL the Rev. DIR.
). V. Leech of the Howard street Methodist
Episcopal Church, has announced his inten-
ton Oh refusing to solemnize the marriage
OF any divorced person, regardless of the
cause OF divorce. He further stated his
belief That the feeling of the ministry was
with MIN In this matter.
A BAPTIST VIEW.
-. Inc lev. j. Q. A. Henry, pastor Of the
FIRST Baptist Church, was found at a COM
mliIte meeting. He said "For my own
part nave Tor the last two or three years
been gradually coming round to the position
OF Dr. Leech. l have been largely influenced
IN ms direction by reading TostoI's My
heilgion. His Interpretation of the pas
sage IN the Sermon ON the Mount, which Is
correct, no other choice. | am simply walt
!hS 10 De perfectly satisfied that Ills version
mas the strongest manuscript authority TO
take up DR.. Leech's position.
Hitherto L have followed the course of
all Protestant mnisters-that is, l have
Always remarked divorced persons when
divorced for intidelisy.
question DR.. Leech's statement that
the majority Of Christian ministers hold his
views on this subject. No body of evangel-
lcai ministers has ever passed a resolution
to that effect
RABBI vIDAvER's OPINION.
The position of the Jewish church on
the subject OF divorce" said the Rev. DIR.
Falk Nllayer of the Congregation Sheriff.
Israel, Is essentially different from that of
the Christian bodies. The latter have been
mainly influenced on the subjects of mar
| rage and divorce by the teaching of st.
| Paul. The Jewish church draws It's views
! from the teaching of Moses as interpreted
| by the rabbis.
Ihe Jewish church is prepared to sane
ton divorce for any just ground. No rabbi
would OBJECT to Temarry divorced persons
ms statement was Endorsed by the Rev.
Or. Jacob Voorsanger OF the Congregation
Emanu-El, who said, further: Il take an
| intelligent interest in all public questions,
| but TINS question OF divorce is not II .Iewish
| one. Divorces are very rare with us. In a
mlnistratlOn OF seventeen years | have only
married one divorced person. UP TO recent
| years 1t was the custom for Jews to supple
mtnt civil divorce by an ecclesiastical
J one.
| DOCTORS DIFFER.
u can understand the position of DR..
| Leeeh. Were | Christian minister
| should take the same stand Divorce is so
| common among people at large and granted
| on such nimSy preteXts that strong action on
the part Of Christian ministers is absolutely
II ecesSary.'
The Rev. DR.. Horatio Stebbins of the
i FIRST Unitarian Church asked that he bt
not quoted on the subject. 1T is TOO broad
ana deep Tor snap opinion. The subject
has been discussed FROM a Unitarian poin
| OF view IN pamphlet By the Rev. Mr.. Eliot
OF Portland Oregon. His views lie between
| English strlctness and American laXness."
DIR. Mackenzie said that the remarrying o.
divorced people depends ON the cause o
divorce, and that there are legitimate causes
for which innocent people should not be re-
| qulred to suffer
The Rev. j. Sanders Reed, rector Of
| Trinity Protestant Episcopal Church, said
| by canon OF our church every clergy
| man is forbidden to marry divorced persons
with one exception. Tue innocent party
when divorce has been obtained on tn
| grounds OF infdelity, is allowed to remarry
If any clergyman takes position In advance
| of that that is simply Individual opinion
| The canon is binding on all, clergy and lay
/
| If they remarry after being DIVORCED"
| CATHOLIC DOCTRINE.
| Rev. Father Prendergast NIcar-Genera
| of the Archdiocese, said substantially tina
under no consideration does the cburcl
| recognize divorces among her children, con
sequently we are never called upon to per
| form the marriage ceremony where a di
| yOrced person Is party 10 the contract
| There are cases, unfortunately, in which w
admit the right of separation, but iu mos
of these the separation Is merely temporary
| and as soon as the causes leading up to
have disappeared reconciliation is re
Quired and is generally effected. The mar
| rage bonds never having been Sundered il
such cases, marital relations are resumed
| without any ceremony or remarriage.
There are a few instances, however Ii
which it is possible for a person who ha
been divorced by the law of The land to have
the rite of marriage performed in the Catho
lie Church. But the privilege is not granted
because OF the divorce; it is granted solely
on the ground that the original ceremony 0
marriage contract was not in the eyes O.
the church a lawful one. Thus it happens
sometimes that marriage takes place b.
compulsion, or that one Of the parties is MOI
cOmpos mentis, and that divorces for thos
or similar reasons are the result. In sucl
cases the church holds that no marriage eve
took place, that the contract was null a
lnitiO, and that the parties to it are entfrel
free TO contract lawful nurriupp.