The indissolubility of marriage was a reaction from polygamy. Man naturally rushes from one extreme to the other. The Cardinal informs us that "God instituted in Paradise the marriage state, and sanctified it;"
that "he established its law of unity and declared its indissolubility."
The Cardinal, however, accounts for polygamy and divorce by saying that, "marriage suffered in the fall."
If it be true that God instituted marriage in the Garden of Eden, and declared its unity and indissolubility, how do you account for the fact that this same God afterwards upheld polygamy? How is it that he forgot to say anything on the subject when he gave the Ten Commandments to Moses? How does it happen that in these commandments he puts women on an equality with other property--"Thou shalt not covet thy neighbor's wife, or thy neighbor's ox, or anything that is thy neighbor's"? How did it happen that Jacob, who was in direct communication with God, married, not his deceased wife's sister, but both sisters, while both were living? Is there any way of accounting for the fact that God upheld concubinage?
Neither is it true that "Christ reasserted in clear and unequivocal terms, the sanctity, unity, and indissolubility of marriage." Neither is it true that "Christ gave to this state an added holiness and a dignity higher far than it had 'from the beginning.'" If God declared the unity and indissolubility of marriage in the Garden of Eden, how was it possible for Christ to have "added a holiness and dignity to marriage higher far than it had from the beginning"? How did Christ make marriage a sacrament? There is nothing on that subject in the new Testament; besides, Christ did apparently allow divorce, for one cause at least.
He is reported to have said: "Whosoever putteth away his wife, save for fornication, causeth her to commit adultery."
The Cardinal answers the question, "Can divorce from the bonds of marriage ever be allowed?" with an emphatic theological "NO," and as a reason for this "no," says, "Thus saith the Lord."
It is true that we regard Mormonism as a national disgrace, and that we so regard it because the Mormons are polygamists. At the same time, intelligent people admit that polygamy is no worse in Utah, than it was in Palestine--no worse under Joseph Smith, than under Jehovah--that it has been and must be forever the same, in all countries and in all times. The Cardinal takes the ground that "there are two species of polygamy--simultaneous and successive," and yet he seems to regard both species with equal horror. If a wife dies and the husband marries another woman, is not that successive polygamy?
The Cardinal takes the ground that while no dissolution of the marriage bond should be allowed, yet for grave causes a temporary or permanent separation from bed and board may be obtained, and these causes he enumerates as "mutual consent, adultery, and grave peril of soul or body." To those, however, not satisfied with this doctrine, and who are "so unhappily mated and so constituted that for them no relief can come save from absolute divorce," the Cardinal says, in a very sympathetic way, that he "Will not linger here to point out to such the need of seeking from a higher than earthly power, the grace to suffer and be strong."
At the foundation and upon the very threshold of this inquiry, one thing ought to be settled, and that is this: Are we to answer these questions in the light of human experience; are we to answer them from the standpoint of what is better here, in this world, for men and women--what is better for society here and now--or are we to ask: What is the will of God? And in order to find out what is this will of God, are we to ask the church, or are we to read what are called "the sacred writings" for ourselves? In other words, are these questions to be settled by theological and ecclesiastical authority, or by the common sense of mankind? No one, in my judgment, should marry for the sake of God, and no one should be divorced for the sake of God, and no man and woman should live together as husband and wife, for the sake of God.
God being an infinite being, cannot be rendered unhappy by any action of man, neither can his well-being be increased; consequently, the will of God has nothing whatever to do with this matter. The real question then must be: What is best for man?
Only the other day, a husband sought out his wife and with his own hand covered her face with sulphuric acid, and in a moment afterward she was blind. A Cardinal of the Catholic Church tells this woman, sitting in darkness, that it is her duty to "suffer and be strong"; that she must still remain the wife of this wretch; that to break the bond that binds them together, would be an act of sacrilege. So, too, two years ago, a husband deserted his wife in Germany. He came to this country. She was poor. She had two children--one a babe. Holding one in her arm, and leading the other by the hand, she walked hundreds of miles to the shore of the sea. Overcome by fatigue, she was taken sick, and for months remained in a hospital. Having recovered, she went to work, and finally got enough money to pay her passage to New York. She came to this city, bringing her children with her. Upon her arrival, she commenced a search for her husband. One day overcome by exertion, she fainted in the street. Persons took pity upon her and carried her upstairs into a room.
By a strange coincidence, a few moments afterward her husband entered.
She recognized him. He fell upon her like a wild beast, and threw her down the stairs. She was taken up from the pavement bleeding, and carried to a hospital.
The Cardinal says to this woman: Remain the wife of this man; it will be very pleasing to God; "suffer and be strong." But I say to this woman: Apply to some Court; get a decree of absolute divorce; cling to your children, and if at any time hereafter some good and honest man offers you his hand and heart, and you can love him, accept him and build another home, to the end that you may sit by your own fireside, in your old age, with your children about you.
It is not true that the indissolubility of marriage preserves the virtue of mankind. The fact is exactly the opposite. If the Cardinal wishes to know why there are more divorces now than there were fifty or a hundred years ago, let me tell him: Women are far more intelligent--some of them are no longer the slaves either of husbands, or priests. They are beginning to think for themselves. They can see no good reason why they should sacrifice their lives to please Popes or Gods. They are no longer deceived by theological prophecies. They are not willing to suffer here, with the hope of being happy beyond the clouds--they want their happiness now.
REPLY TO BISHOP POTTER.
Bishop Potter does not agree with the Cardinal, yet they both study substantially the same bible--both have been set apart for the purpose of revealing the revelation. They are the persons whose duty it is to enlighten the common people. Cardinal Gibbons knows that he represents the only true church, and Bishop Potter is just as sure that he occupies that position. What is the ordinary man to do?
The Cardinal states, without the slightest hesitation, that "Christ made marriage a sacrament--made it the type of his own never-ending union with his one sinless spouse, the church." The Bishop does not agree with the Cardinal. He says: "Christ's words about divorce are not to be construed as a positive law, but as expressing the ideal of marriage, and corresponding to his words about eunuchs, which not everybody can receive." Ought not the augurs to agree among themselves? What is a man who has only been born once, to do?
The Cardinal says explicitly that marriage is a sacrament, and the Bishop cites Article xxv., that "matrimony is not to be accounted for a sacrament of the gospel," and then admits that "this might seem to reduce matrimony to a civil contract." For the purpose of bolstering up that view, he says, "The first rubric in the Form of Solemnization of Matrimony declares that the minister is left to the direction of those laws in every thing that regards a civil contract between the parties.'"
He admits that "no minister is allowed, _as a rule_, to solemnize the marriage of any man or woman who has a divorced husband or wife still living." As a matter of fact, we know that hundreds of Episcopalians do marry where a wife or a husband is still living, and they are not turned out of the Episcopal Church for this offence. The Bishop admits that the church can do very little on the subject, but seems to gather a little consolation from the fact, that "the penalty for breach of this law might involve, for the officiating clergyman, deposition from the ministry--for the offending man or woman exclusion from the sacraments, which, in the judgment of a very large number of the clergy, involves everlasting damnation."
The Cardinal is perfectly satisfied that the prohibition of divorce is the foundation of morality, and the Bishop is equally certain that "the prohibition of divorce never prevents illicit sexual connections."
The Bishop also gives us the report of a committee of the last General Convention, forming Appendix xiii of the Journal. This report, according to the Bishop, is to the effect "that the Mosaic law of marriage is still binding upon the church unless directly abrogated by Christ himself, that it-was abrogated by him only so far that all divorce was forbidden by him excepting for the cause of fornication; that a woman might not claim divorce for any reason whatever; that the marriage of a divorced person until the death of the other party, is wholly forbidden; that marriage is not merely a civil contract but a spiritual and supernatural union, requiring for its mutual obligations a supernatural divine grace, and that such grace is only imparted in the sacrament of matrimony."
The most beautiful thing about this report is, that a woman might not claim divorce for any reason whatever. I must admit that the report is in exact accordance with the words of Jesus Christ. On the other hand, the Bishop, not to leave us entirely without hope, says that "there is in his church another school, equally earnest and sincere in its zeal for the integrity of the family, which would nevertheless repudiate the greater part of the above report."
There is one thing, however, that I was exceedingly glad to see, and that is, that according to the Bishop the ideas of the early church are closely connected with theories about matter, and about the inferiority of woman, and about married life, which are no longer believed. The Bishop has, with great clearness, stated several sides of this question; but I must say, that after reading the Cardinal and the Bishop, the earnest theological seeker after truth would find himself, to say the least of it, in some doubt.
As a matter of fact, who cares what the Old Testament says upon this subject? Are we to be bound forever by the ancient barbarians?
Mr. Gladstone takes the ground, first, "that marriage is essentially a contract for life, and only expires when life itself expires"; second, "that Christian marriage involves a vow before God"; third, "that no authority has been given to the Christian Church to cancel such a vow"; fourth, "that it lies beyond the province of tie civil legislature, which, from the necessity of things, has a veto within the limits of reason, upon the making of it, but has no competency to annul it when once made"; fifth, "that according to the laws of just interpretation, remarriage is forbidden by the text of Holy Scripture"; and sixth, "that while divorce of any kind impairs the integrity of the family, divorce with remarriage destroys it root and branch; that the parental and the conjugal relations are joined together by the hand of the Almighty no less than the persons united by the marriage tie, to one another."
_First_. Undoubtedly, a real marriage was never entered into unless the parties expected to live together as long as they lived. It does not enter into the imagination of the real lover that the time is coming when he is to desert the being he adores, neither does it enter into the imagination of his wife, or of the girl about to become a wife. But how and in what way, does a Christian marriage involve a vow before God?
Is God a party to the contract? If yes, he ought to see to it that the contract is carried out. If there are three parties--the man, the woman, and God--each one should be bound to do something, and what is God bound to do? Is he to hold the man to his contract, when the woman has violated hers? Is it his business to hold the woman to the contract, when the man has violated his? And what right has he to have anything to say on the subject, unless he has agreed to do something by reason of this vow? Otherwise, it would be simply a _nudum pactum_--a vow without consideration.
Mr. Gladstone informs us that no authority has been given to the Christian Church to cancel such a vow. If he means by that, that God has not given any such authority to the Christian Church, I most cheerfully admit it.*
* Note.--This abrupt termination, together with the unfinished replies to Justice Bradley and Senator Dolph, which follow, shows that the author must have been interrupted in his work, and on next taking it up concluded that the colloquial and concrete form would better serve his turn than the more formal and didactic style above employed.
He thereupon dictated his reply to the Gibbon and Gladstone arguments in the following form which will be regarded as a most interesting instance of the author's wonderful versatility of style.
This unfinished matter was found among Col. Ingersoll's manuscripts, and is given as transcribed from the stenographic notes of Mr. I. N. Baker, his secretary, without revision by the author.
JUSTICE BRADLEY.
Cardinal Gibbons, Bishop Potter, and Mr. Gladstone represent the theological side--that is to say, the impracticable, the supernatural, the unnatural. After reading their opinions, it is refreshing to read those of Justice Bradley. It is like coming out of the tomb into the fresh air.
Speaking of the law, whether regarded as divine or human or both, Justice Bradley says: "I know no other law on the subject but the moral law, which does not consist of arbitrary enactments and decrees, but is adapted to our condition as human beings. This is so, whether it is conceived of as the will of an all-wise creator, or as the voice of humanity speaking from its experience, its necessities and its higher instincts. And that law surely does not demand that the injured party to the marriage bond should be forever tied to one who disregards and violates every obligation that it imposes--to one with whom it is impossible to cohabit--to one whose touch is contamination. Nor does it demand that such injured party, if legally free, should be forever debarred from forming other ties through which the lost hopes of happiness for life may be restored. It is not reason, and it can not be law--divine, or moral--that unfaithfulness, or willful and obstinate desertion, or persistent cruelty of the stronger party, should afford no ground for relief.......If no redress be legalized, the law itself will be set at defiance, and greater injury to soul and body will result from clandestine methods of relief."
Surely, this is good, wholesome, practical common sense.
SENATOR DOLPH.
Senator Dolph strikes a strong blow, and takes the foundation from under the idiotic idea of legal separation without divorce. He says: "As there should be no partial divorce, which leaves the parties in the condition aptly described by an eminent jurist as 'a wife without a husband and a husband without a wife,' so, as a matter of public expediency, and in the interest of public morals, whenever and however the marriage is dissolved, both parties should be left free to remarry." Again: "Prohibition of remarriage is likely to injure society more than the remarriage of the guilty party;" and the Senator says, with great force: "Divorce for proper causes, free from fraud and collusion, conserves the moral integrity of the family."
In answering the question as to whether absolute prohibition of divorce tends to morality or immorality, the Senator cites the case of South Carolina. In that State, divorces were prohibited, and in consequence of this prohibition, the proportion of his property which a married man might give to his concubine was regulated by law.
THE ARGUMENT CONTINUED, IN COLLOQUIAL FORM.
Those who have written on the subject of divorce seem to be divided into two classes--the supernaturalists and the naturalists. The first class rely on tradition, inspired books, the opinions of theologians as expressed in creeds, and the decisions of ecclesiastical tribunals. The second class take into account the nature of human beings, their own experience, and the facts of life, as they know them. The first class live for another world; the second, for this--the one in which we live.
The theological theorists regard men and women as depraved, in consequence of what they are pleased to call "the fall of man," while the men and women of common sense know that the race has slowly and painfully progressed through countless years of suffering and toil. The priests insist that marriage is a sacrament; the philosopher, that it is a contract.
The question as to the propriety of granting divorces cannot now be settled by quoting passages of Scripture, or by appealing to creeds, or by citing the acts of legislatures or the decisions of courts. With intelligent millions, the Scriptures are no longer considered as of the slightest authority. They pay no more regard to the Bible than to the Koran, the Zend-Avestas, or the Popol Vuh--neither do they care for the various creeds that were formulated by barbarian ancestors, nor for the laws and decisions based upon the savagery of the past.
In the olden times when religions were manufactured--when priest-craft and lunacy governed the world--the women were not consulted. They were regarded and treated as serfs and menials--looked upon as a species of property to be bought and sold like the other domestic animals. This view or estimation of woman was undoubtedly in the mind of the author of the Ten Commandments when he said: "Thou shalt not covet thy neighbor's wife,--nor his ox."
Such, however, has been the advance of woman in all departments of knowledge--such advance having been made in spite of the efforts of the church to keep her the slave of faith--that the obligations, rights and remedies growing out of the contract of marriage and its violation, cannot be finally determined without her consent and approbation.
Legislators and priests must consult with wives and mothers. They must become acquainted with their wants and desires--with their profound aversions* their pure hatreds, their loving self-denials, and, above all, with the religion of the body that moulds and dominates their lives.
We have learned to suspect the truth of the old, because it is old, and for that reason was born in the days of slavery and darkness--because the probability is that the parents of the old were ignorance and superstition. We are beginning to be wise enough to take into consideration the circumstances of our own time--the theories and aspirations of the present--the changed conditions of the world--the discoveries and inventions that have modified or completely changed the standards of the greatest of the human race. We are on the eve of discovering that nothing should be done for the sake of gods, but all for the good of man--nothing for another world--everything for this.
All the theories must be tested by experience, by facts. The moment a supernatural theory comes in contact with a natural fact, it falls to chaos. Let us test all these theories about marriage and divorce--all this sacramental, indissoluble imbecility, with a real case--with a fact in life.
A few years ago a man and woman fell in love and were married in a German village. The woman had a little money and this was squandered by the husband. When the money was gone, the husband deserted his wife and two little children, leaving them to live as best they might. She had honestly given her hand and heart, and believed that if she could only see him once more--if he could again look into her eyes--he would come back to her. The husband had fled to America. The wife lived four hundred miles from the sea. Taking her two little children with her, she traveled on foot the entire distance. For eight weeks she journeyed, and when she reached the sea--tired, hungry, worn out, she fell unconscious in the street. She was taken to the hospital, and for many weeks fought for life upon the shore of death. At last she recovered, and sailed for New York. She was enabled to get just enough money to buy a steerage ticket.
A few days ago, while wandering in the streets of New York in search of her husband, she sank unconscious to the sidewalk. She was taken into the home of another. In a little while her husband entered. He caught sight of his wife. She ran toward him, threw her arms about his neck, and cried: "At last I have found you!" "With an oath, he threw her to the floor; he bruised her flesh with his feet and fists; he dragged her into the hall, and threw her into the street."
Let us suppose that this poor wife sought out Cardinal Gibbons and the Right Honorable William E. Gladstone, for the purpose of asking their advice. Let us imagine the conversation:
_The Wife_. My dear Cardinal, I was married four years ago. I loved my husband and I was sure that he loved me. Two babes were born. He deserted me without cause. He left me in poverty and want. Feeling that he had been overcome by some delusion--tempted by something more than he could bear, and dreaming that if I could look upon his face again he would return, I followed-him on foot. I walked, with my children in my arms, four hundred miles. I crossed the sea. I found him at last--and instead of giving me again his love, he fell upon me like a wild beast.
He bruised and blackened my flesh. He threw me from him, and for my proffered love I received curses and blows. Another man, touched by the evidence of my devotion, made my acquaintance--came to my relief--supplied my wants--gave me and my children comfort, and then offered me his hand and heart, in marriage. My dear Cardinal, I told him that I was a married woman, and he told me that I should obtain a divorce, and so I have come to ask your counsel.