The Minneapolis journal., 1901-09-13
BISHOP EDsALL ON DIVORCE

Bishop S. C. Edsall, coadjutor bishop
elect of the diocese of Minnesota, in an
address before the Woman's Auxiliary Of
the diocese on Tuesday, discussed the pro-
posed canons of marriage and divorce
which committee appointed at the trien-
NAL convention OF the Episcopal church in
1898 will report at the approaching con-
vention in San Francisco. He referred to
the present canon which permits the cler-
gy to solemnize a marriage Of the innocent
party in a divorce after they have satisfied
themselves of the fitness of the party.
The canon makes the clergyman the sole
judge of innocency and Bishop Edsall
would relieve him of such responsibility
by having the divorced person produce
copy of the decree of the court and an off,
cial assurance from the Judge issuing 1t
that the party was innocent in the suit.
The bishop did not express an opinion on
the proposed canon to be reported by the
committee. 1t prohibits the solemniza-
tion of a marriage between any two per-
sons until. by inquiry, the clergyman has
satisfied himself that neither person has
been, or is. the husband or the wife of
any other person then living, unless the
former marriage was annulled by a de-
cree of a court of competent jurisdic
tion for cause existing before such mar
riage.
1t remains to be seen whether the Epis-
oopal general convention will record its
approvalOf such heroic treatment Of rec
ognized evil as involves absolute and un-
varying prohibition of divorce, or, conced-
ing the right of divorce, denies the right
of either party to remarry during the life
time of the other. That is the law laid
down by Christ to maintain the scanctity
| of marriage and perpetuate the primitive
principle of mcnogamy-one husband and
one wife, the bond only dissoluble at
death. Such strictness appalls the present
age, for the sanctity Of marriage is paling
before the vision Of society, which more
and more lightly regards a bond which
may, in some states, be broken in ten
minutes to a few hours by judge who
means business. The purely secular view
| of marriage as a dissoluble contract has
become so liberal that in some quarters
the contract is regarded as terminable for
the frivolous reason that one of the par
| ties has become tired of the other, or both
are weary of the bond, or "incompatibility
Of temper" exists; reasons which, mani
festly, are destructive of social order.
| Ordinary business contracts are not dis
soluble for such reasons.
| Our diverse state divorce laws are work
| ing confusion and injustice, and, while
there is not a very encouraging prospect
for securing national law on divorce and
marriage, congress is at liberty under
| the constitution to pass law declaring
that every judgment of divorce rendered
| by state court of competent Jurisdiction,
and valid under the laws Of the state, shall
be Of full force and effect and unques-
toned, except for actual fraud practised
on the court granting the judgment, in
every other state. In this way the ab
surdity of divorce granted in one state
being invalid in another would be removed
and the status of the children would be
unaffected and the stigma Of illegitimacy
| would be removed. If the public insist
upon divorce and remarriage, whether
| both parties to the divorce are living or