The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-10-21
OH MesstngG,
MARRIAGE OF DIVORCED PER
SONS.

The house Of deputies OF the general
convention of the Episcopal church
has again tackled the question CT
marriage and divorce and by a small
majority voted down the proposition to
50 amend the canon OF the church that
none OF its ministers shall perform
the marriage ceremony where one OF
the contracting parties has a divorced
husband or wife living. The discussion
which lasted for several days was upon
a majority and a minority report from
the committee to which he proposed
amendment had been referred.
Hon. r. H. Battle, OF Raleigh. was
n of the three members Of h COM
mittee who signed the minority report
and argued in its favor, allowing the
marriage of the innocent party to a
sui for divorce, pending the life Of the
other party. The minority membership
of the committee contended for the re-
tention of the existing canon with the
addition that the minister performing
the should be furnished with
a copy Of the court records in order
that he might be assured that the per-
son seeking re-marriage was the n
cent party in the divorce suit. the
church law now allowing the innocent
party to marry pending the life Of the
other in certain instances.
h majority report of this commit
tee proposed to amend the canon 50 it
shall read:
No minister shall solemnize a mar
riage of any two persons, unless by in
quiry he shall have satisfied himself
that neither person has been or is the
husband or the wife OF any other per-
sol then living from whom he or she
a been divorced for any cause aris-
ing after marriage.
AS will be seen the proposed amend
ment permits no minister OF that
church to perform the marriage cere-
mony for a couple, one Of whom has
a divorced husband or wife living, no
matter on what ground the divorce
was granted or whether the person was
the innocent or the guilty party in the
divorce proceedings. In other words /,
makes the church declare positively
against the marriage of any divorced
person during the life of the otherl
party to the former marriage.
The church, of course, cannot regu-I
late marriages and divorces, except in
so far as to lay down rules governing
the conduct of it's ministers in perform
ing the ceremony and it's membersl
IN entering into the new ties. A mar
riage performed by a minister of an
other denomination in violation of the
rules of the Episcopal church is as le-
gar as n marriage can be if
not In violation Of the civil laws of the
state.
Marriage is a civil contract in this
country and when made according tol
the civil LAY is binding until it has
been dissolved by that civil law for
any n Of the auses permitted by 1t.
The church can only bind the conf
sciences of its ministers and members
Wee the proposed canon adopted al
m" 'rlage solemnized by a minister oil
that church in violation of it's canons
would be binding and valid in law.
OAAy duCSllO lnNOlVeO In fhIGl
matter before the convention of the
Episcopal church is whether that
church shall allow it's ministers to pe,-
form the solemn and holy rite of mar
rage under certain circumstances. Th:J
Inc church can regulate without regard
or reference to the civil law. If thel
churh thinks 1t wrong for I'M divorced
person to marry another, pending the
life Of the other divorced party then it
has the right and it is its duty to WITH
mold from such person the right Of roll
emnization by one Of its ministers OIL
this rite Of the church.
We must confess we do not see now
a church which claims h right for its
ministers to perform the marriage III,
and considers it as a holy rite and hasi
provision for the notification of that
ceremony and the loosing Of the tie cant
recognize the notification of the civil
by the state as a release oil
the Parties from the holy VOWS madel
the altar. The Episcopal church,
provides in its laws for marriage as a
el1gious rite. There is no provision forl
It's revocation.
II the contracting parties are united
by the church for the period of theirl
DIN lives with no provision in theI
'hureh laws for loosing them, how can
ne church under any conditions or cir-
,umstances reunite one of them to al
bird person by the same rite pendineI
ne life of the other? If after uniting
With no power of loosing, how can it'll
eunite? :
Nhe the church declares two perl