The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-29
Bishop Potter on Divorce.

The references OF Bishop POTTER to the
subject Of marriage and divorce In his
diocesan address on Wednesday were
somewhat ambiguous He was "by no
means sure J" that the absolute prohibition
OF the remarriage OF the divorced "is not
che wlsest conclusion" the Episcopal Church
'may reach at present." yet afterward he
pointed out "a wider view Of the whole
subject" which dscloses 1.-THE fact that it is
not the only remedy" though he said
also that at would be well that the
Church should meet such legislation" civil
legislation by making divorce increas-
ingly difficult, If not impossible
Exactly where Bishop POTTER stands as
to the question, accordingly, Is not easily
discoverable. 1t Is plain, however. from
his omissions and from the general tone Of
his remarks, that he does not take the
sacramental view Of marriage and its con-
sequent indissolublity as religious obliga-
ton. He treats the subject rather from
the point OF view Of expediency. In his
general philosophizing he seems to include
the inclination to divorce among the logical
manifestations of 1.-THE spirit Of individual
Ism" "the great movement which issued,
here in the revolt OF the American colo
MES" and has tended to the almost
complete abrogation of some earlier forms
OF authority" and some OF the most vener-
able and sacred traditions OF the community
and OF the State"
The justification Of divorce, however,
goes back, under Christianity. to the Ref
ormation, when the sacramental character
OF marriage was repudiated. In the pagan
world at the time OF CHRIST there was
great laxity Of divorce 1t was especially
free among the Jews also. II under the
Hebrew law wife was dstasteful to her
husband for any reason he could cast her
off, with no other legal requirement than a
formal notice to her to leave. The Roman
Catholic Church by elevatinR marriage to a
sacrament made 1t indissoluble for any
cause. The Greek Church, however, per-
mits divorce for adultery and other causes
The Professionals from the time Of the Ref
ormation allowed divorce for adultery
and also interpreted the rule OF st.
PAUL permitting divorce for wlfu or mali.
cious desertion, and such has since been
the legal practice in Protestant countries
generally though In England full divorce lie
allowed for adultery only but with the
condition that while in the wife that
offence alone Ia sufficient cause, in the
case Of the husband it must be coupled
with such cruelty as, without adultery
would have entitled her to divorce a
mensd Ell thOro or adultery coupled with
desertion for two years and upward" Ir
Prussia the divorce laws go beyond the
furthest extreme OF laxlty reached in any
American State making incompatlbility
permanent variance, and even mutual con
sent legal causes.
When, therefore. Bishop POTTER spoke o.
the vicious tendencies" of the composite
and contradictory Legislation" as to divorc,
in our many States as making us pccu
liarly "the Jest OF the civilized world" HI
seemed to Indicate that his study of tn,
subject has not been Of that thorough
ness which the subject demands. In truth
the only great varv ion in this country
savo in Youth Car Tina, where there il
no dive, Nav, is the legislation OF New
York, @permts full divorce for adul
terry o.. The American rule otherwise
follows the Protestant precedent in allow
ing divorce for wilful deserton, and as w
->sve said, even in the States where tn
divorce laws are freest, they are not so la.
as In Prussia
The present divorce canon of the Episco
pal Church agrees with the law OF New Yorl
in permitting divorce for adultery only an,
ramarriage to the innocent party only
The trouble with which that Church has t,
deal. the canon being as 1t Is. however. wa
not suggested by Bishop POTTER. 1t 10 tina
the society which mostaffects the Episcopa
Church defies this divorce canon In ID
practice. Divorces are obtained by 1t
members for any cause allowed by an,
State where the dissolution of maj
r!ase 10 most easily secured. bot
parties remarry. and that society receive
them back with new wives and nev
husbands without disgraos. That
nat rebellion against the Church. and
certainly cannot be assumed that ttwoul
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