The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-05
Spirit of the Press
The righteousness of Divorce.

The Righteousness OF Divorce.
Presbyterian Standard.
The divorce evil has about wrought
it's own cure in the good old State OF
North Carolina through the disgust
of the people at the ease with Wnlch
the marriage bond has been dissolved
under the special acts that have been
passed by complaisant Legislatures
since the Code of 1888 was established.
One or more bills have been intro
duced to go back to the Code, sweep
ing out all amendments to 1t. Repre-
sentative McNinch, of Mecklenburg,
who has gained an enviable reputation
in this Legislature by his stand for
righteousness, has been advocating a
return to the Code, with an exception,
namely: the putting of the husband
and the wife upon the same plane for
securing a divorce for the one Scrip
tural cause.
There is an historic contention here
that dates back to early church his
tory. The Catholic church claims that
there can be no divorce for any cause
without a special dispensation. That
has put a premium upon adultery
from both sides. 1t has not condemn
ed the sin by following it with the
Scriptural punishment of separation,
and it gave to the rich and influential
the privilege of marrying another
whenever d COIuDIdlSdIlI pdpetl ddiIllll-
istration could be induced to dissolve
the bond. The Code of 1883 makes
the Ubiquitous distinction between the
right of the husband and the right of
the wife to sue for divorce. One act
of adultery is sufficient for the hus-
band to seek the dissolution of the
violated bond and ought to be. But
the Code, following the old English
law, which squinted toward the Cath
nj doctrine dn0I9 red that the his
band must separate himself from the
wife and live in adultery before she
can obtain a divorce on that ground
That also puts a premium upon adul-
terry on the part of the husband, and
we again repeat that Bishop Cheshire
could not have recognized this feature
of the law when he got the Episcopal
Convention and tried to get the other
religious bodies to declare for simple
return to the Code.
Professionalism is virtually agreed, all
Christendom is virtually agreed as to
the unrighteousness of causeless di-
vorce. 1t has been denounced from
the pulpit and satiriZed in the press
We condemn the Mormons for their
plural wives. We should surely con-
denim the progressive polygamists out
side of Utah. The marriage bond IS
one that so changes the status of the
contracting parties that only death is
supposed to dissolve that bond. Bat
the point of our Saviour's teaching on
this subject is that marriage is be-
tween one man and one woman-"they
twain shall be one flesh" The act OF
adultery is therefore violation of the
bond 1t is true that the conse-
quences may be worse for the home
and the family if the act is commit
ted by the woman than by the man.
But this argues for the right OF the
man to separation. 1t does not argue
against the right of the woman. And
the consequences may be fearful
enough for her, physical consequences
that can hardly be limited at, as well
as the shame and the horror of being
Joined to a husband who is after all
but beast She may be more forgiv-
ing than the man could be, but she
should have the right of separation.
And so we are glad that our Pres
byterian Synod did not commit itself
to the Code as a true principle OF
either ethics of law. There is such
thing as righteous divorce, and the
exercise of the privilege of divorce by
wronged wives might be in the direc-
ton of higher standard of morality
instead of a lower. The lawyers nave
harped upon the hardship of this case
and that until they have let down the
gates for a whole flock of discontented
husbands and wives to go through,
and thereby commit adultery since
most of them wanted to marry some
body else. We should cure that by
prescribing the one cause as sufil-
cient ground of divorce. But with
that we should give the wronged wife
the same right as the wronged nus
hand The McNinch Bill will be al
most an ideal statute. With all our
hatred of divorce, it should be remem-
bered that the sin that justifies it Is
the real wrong, and that righteous
divorce is in the interest of good
morals.