The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-20
Marriage and Divorce in the Episcopal
Convention.

A resolution was reported favorably
to the Episcopal General Convention at
Boston on Tuesday for the appointment
of a commission to petition the Legis-
latures of the different States to consider
the great curse of divorce" and reduce
the statutory grounds for divorce.
Mr.. FRANCIS l.. STETsoN of New York
made the pertinent objection to such
proceeding that it would be useless, so
long as the convention itself cannot agree
on the policy to be pursued in the matter.
Another resolution, introduced by lay
deputy, called for the appointment OF a
committee to consider the question and
confer with other religious denomina-
tons as to some uniform standard touch
ing marriage and divorce.
State legislation on the subject is no
more diverse. as respects causes OF
divorce and the character of matrimony
than are the rule and practice of the
religious denominations. In the Roman
Catholic Church matrimony is sacra-
ment and indissoluble. The Thirty-nine
Articles of the Episcopal Church reject
the sacrament as q corrupt following
OF the Apostles" the Prayer Book of the
Episcopal Church provides simply a
form for the "solemnization OF matri-
mony," and the canons permit divorce,
but only for the single prime cause, and
allow the marriage of the innocent party
to a new mate. Generally the Protestant
Churches follow the rule of the West
;,,, |, ;,,or xrilfnl do
sertion also sufficient cause, and in
treating matrimony as a civil contract.
The diversity in the laws of the States
respects both marriage and divorce.
Licenses to marry are required in all
the States except three. In New York,
where no marriage license is exacted,
the only cause of divorce allowed is
adultery, while in the States where
license is required at least the additional
cause Of desertion is allowed.
In all the Southern States naturally
marriages between whites and negroes are
forbidden, but only in seven other States.
In three States marriages between whites
and Indians are prohibited and in four
between whites and Chinese First
cousins are forbidden to marry in fifteen
States, and marriage with step-relatives
is forbidden in all the States except seven.
In New York there is neither OF these
two prohibitions. Nor is the marriage of
a white with a negro, an Indian or Chi
nese forbidden in New York.
As to divorce there is like diversity.
Desertion is a sufficient cause in all the
States except New York and South Caro-
lima; but there is a wide difference as to
the period of desertion required by the
States, or from one year to five years.
The period of residence required in order
to bring suit for divorce differs from six
months to one year, to two, to three and
to FIVE years. Habitual drunkenness
and intolerable cruelty are causes in all
the States except ten; neglect Of the
husband to provide in about half.
It is significant that in some of the
Oldest and most conservative of the
States the Course Of divorce as de-
scribed in the Episcopal convention, is
encouraged by the granting of peculiar
causes-for example, in Kentucky and
Florida for "ungovernable temper; such
conduct as to render living together in
supportable" in four of the Southern
States; "indignities as render life bur-
densome7 in five States. In West Vir-
ginia a divorce is obtainable from a
husband VIGOROUSLY immoral before
marriage, unknown to wife" In other
States peculiar causes are allowed, and
generally these are States OF the older
settlement
Methodical attempts have been made
to bring about uniformity in this divorce
legislation, but they have proved that
while the period of residence before
being entitled to sue for a divorce might
be made uniform there is no chance of
an agreement which shall exclude other
causes than adultery or even causes
which are so generally stigmatized as
free divorce" How, then, can any single