Part 26

"But what has been the course of history since the Roman Church promulgated its canon at the Council of Trent more than three hundred years ago? The cause of common sense and justice as represented by the State has, in spite of the fierce opposition of the clergy, won victory after victory, until the institution of marriage has been placed under the control of the secular law on most of the Continent of Europe, and the right to divorce and the right to remarry widely recognized--for instance in France, Germany, Switzerland, Norway, Denmark. In France it's a criminal offence for a priest to perform the religious ceremony of marriage until after the civil ceremony."

"Yes, and it was France which during the days of the revolution permitted divorce at the mere option of either party. And there are signs that we are rapidly imitating that same barbaric laxity in the United States, and in this community."

"And if it were, would it be so much more barbarous a condition than the conservatism of the English law of Church and State, which grants divorce to the man whose wife has been guilty of adultery, but withholds it from a woman unless her husband has been guilty of cruel and abusive treatment into the bargain?"

The rector was touched on another sensitive point. He put out the palm of his hand. "I fail to see the relevancy of your comparison, Mr. Perry. However, the American Episcopal Church is not responsible for the flaws in the details of the English establishment. The two are harmonious and their aims are identical, but we do not follow blindly."

"Yet the American Episcopal Church follows its English parent and the Roman Catholic in maintaining that the woman whose husband is an inveterate drunkard, is convicted of murder or embezzlement, kicks and beats her shamefully, or deserts her utterly in cold blood, is guilty of a crime against heaven and against society if she breaks the bond and marries again. Progressive democracy in the person of the State is more lenient, more merciful. It refuses to believe that one relentless, arbitrary rule is adapted to the exigencies of human society. It insists that each case should be judged on its merits, and both relief afforded and fresh happiness permitted when justice so demands. Think of the many poor creatures in the lower ranks condemned by your inexorable doctrine to miserable, lonely lives, who might otherwise be happy!"

Mr. Prentiss's brow contracted as though he were a little troubled by the appeal to his sympathy with the toiling mass. "One wearies of this ever-lasting demand for happiness in this life," he murmured. "Was Christ happy? They are free to disregard the authority of the Church if they see fit," he added. "I for one should not feel justified in refusing the communion to a divorced woman who had remarried."

"But the Catholic Church would and does uniformly; and the high church party in your own church would disapprove of your leniency. The vital point is that both churches and you yourself brand those who disobey as spiritually impure, or at least inferior, a stigma which appalls the best women. And so they are held as in a cruel vice, so you have held her who was to be my wife."

The reversion to the personal equation reminded the rector that this was no academic discussion.

"You have not answered my question yet. Where will you draw the line? Granting for the moment--which I by no means agree to--that gross habits of intoxication, felony, or absolute desertion are valid grounds for breaking the nuptial bond, let me cite the law to you in turn, Mr. Perry." Thereupon Mr. Prentiss stepped to the shelves again, and running through the pages of a book, discovered presently the data of which he was in search. "What do you think of these reasons?" he asked in a scorching tone. "American grounds of divorce: 'When it shall be made to appear, to the satisfaction and conviction of the court, that the parties cannot live in peace and union together, and that their welfare requires a separation,' Utah; 'Voluntarily living separate for one year,' Wisconsin; 'For any cause that permanently destroys the happiness of the petitioner and defeats the purposes of the marriage relation,' Connecticut; 'For any cause in the discretion of the court,' Kentucky; 'Whenever the judge who hears the cause decrees the case to be within the reason of the law, within the general mischief the law intended to remedy, or within what it may be presumed would have been provided against by the legislature establishing the foregoing cause of divorce, had it foreseen the specific case and found language to meet it without including cases not within the same reason, he shall grant the divorce,' Arizona; and in a host of States, 'One year's absence without reasonable cause.'"

"I told you that you seemed to have a good case," said Gordon, smiling. "But I do not think that you understand the facts, understand the real nature of the abuse, for I heartily agree that an abuse exists even from the standpoint of those who maintain that divorce should be granted on the slenderest grounds. As to the extracts which you have just read, I judge that the book is not a recent publication."

"I have reason to believe that it is authoritative."

"Undoubtedly it was so at the time. But several of the provisions in question have been repealed and are no longer law."

"Ah," said the rector. "But you cannot deny that it is still the law that a man and woman may be married in one jurisdiction and adjudged guilty of adultery or bigamy in another; that the marriage tie is broken daily on the most frivolous grounds and with the most indecent haste; and that there is wide and revolting discrepancy between the statutes of the several United States."

Gordon nodded. "I cannot deny the substantial accuracy of the indictment."

"Well, sir, how do you justify it? Is not civil society neglecting its duty?"

"I do not justify the defects in some of the legal machinery, and to this extent I agree that society is derelict. But what I wish to make clear is that nearly all the legal grounds for divorce in the several states are just and reasonable--substantially the same as in this State--and that the abuses against which they afford relief are such as render the relation of husband and wife intolerable. There are a few vague and lax exceptions such as you have cited, but they are fast disappearing. The real and the salient evil lies in the looseness of administration sanctioned in some jurisdictions, by means of which collusive divorces are obtained by pretended residents, and close scrutiny of the facts is avoided by the courts. To permit legal domicile to be acquired by a residence of three months, as in Dakota, is a flagrant invitation to fraud; but that and kindred abuses are defects in the police power, and have only a collateral bearing on the main issue between us, which is whether democracy can ever be induced to reconsider its decision that it is for the best interests of human nature that the innocent wife or husband, to whom a cruel wrong has been done, should be free to break the bond and marry again. There is the real question, Mr. Prentiss. You as a churchman--a foreign churchman I still claim--demand that the woman whose life has been blighted by a husband's brutality, sentenced for heinous crime, abandonment, or degrading abuse of liquor should remain his wife to the end, though he has killed every spark of love in her soul. The Church will never be able to convince the American people or modern democracy that this is spiritual or just."

"And yet a man who has been prohibited by the courts of New York from marrying again has merely to step into New Jersey and his marriage there will be recognized and upheld by the courts of New York. But that you will probably describe as another instance of defect in the police power. The line which you draw is evidently that which any particular body of people--sovereign states I believe they call them--sees fit to establish. The logical outcome of such a theory can only be social chaos. The sanctity of the home is fundamentally imperilled thereby."

"And yet," said Gordon, "the family life of the American people compares favorably with that of any nation in affection, morality, and happiness. More than three-fourths of the applicants for divorce in the United States are women. They have thrown off the yoke of docile suffering which the convention of the centuries has fastened upon them."

"Some of them," interposed the rector with spirited incisiveness. "The shallow, the self-indulgent, the indelicate, the earthly minded. There are many who are still true to the behests of the spirit," he added significantly. It was doubtless an agreeable reflection to him that the one woman in the world for his antagonist was among the faithful.

"On the contrary, I believe that their number is made up largely of the intelligent, the earnest, and the vitally endowed. Democracy maintains that it is no worse for children to be educated where love or legal freedom exists than where there is thinly concealed hate, contempt, or indifference."

It was obvious that neither had been or would be convinced by the other's argument. Probably each had been well aware of this from the first. Gordon had come warm with what he regarded as the unwarranted injustice of the clergyman's successful interference, unable to credit the belief that it would not be withdrawn when the case was coolly laid before him. On his part Mr. Prentiss had listened indulgently, certain of the deep-rooted quality of his convictions, but willing to hear the opposite side stated by a trained antagonist. He had been glad of an opportunity to elucidate the Church's attitude, and had not been without hopes of making cogent to this censor of different faith the civilizing righteousness of the ecclesiastical stand, or at any rate--which would be in the line of progress--the demoralizing insufficiency of the current secular reasons for divorce. Apparently he had failed in both, and moreover had encountered a disposition toward obnoxious radicalism which was disturbing.

"Then I am to presume that you, and so far as you are at liberty to speak for them, the American people" (Mr. Prentiss could be subtly biting when the occasion demanded), "sanction practically indiscriminate divorce?"

Gordon disregarded the sarcastic note. The bare question itself was sufficiently interesting.

"It is true, as you suggested just now, that the American people have gone further in that direction than any other except the French. In France, after the latitude of optional divorce palled, divorce was abolished and was never authorized again, as you may remember, until very recently--1884. In the exuberance of our enthusiasm for personal liberty the legislators in some of our states--especially those of the most recent origin, have shown an inclination to pass laws which justify your conclusion. But there is at present a reaction. The people have become disgusted with the licentious shuffling on and off of the marriage tie by the profligate element of the fashionable rich through temporary residence and collusive proceedings in other states. You and I have a recent flagrant instance in this city in mind. Every good citizen abhors such behavior, Mr. Prentiss. But the public conscience has become aroused, and steps are being taken to reform what I termed the defects in the police power, partly by amendment of the loose provisions by some of the offending states, and partly by provisions in other states, challenging the jurisdictional validity of foreign divorces granted to their own citizens on paltry grounds. It is a misfortune that a national divorce law is only among the remote possibilities. And yet, can there be any doubt that any uniform law which the American people would consent to adopt would necessarily include every one of the grounds already law in this State, and which the Church labels as inadequate?"

Mr. Prentiss twisted in his chair. "If the Church were satisfied that the State was sincere, a reasonable compromise might not be impossible. Some of our thoughtful clergy have been feeling their way toward this."

Gordon shook his head. "But even your Church would yield so little; and the Roman Catholic nothing at all. Would you consent to divorce for gross drunkenness or conviction for felony?"

"If so, what becomes of the spiritual obligation that one takes the other for better or for worse? Shall a woman desert her husband in misery? Is long-suffering devotion to become antiquated?"

"As an obligation, yes. If she loves him still, she will cling to him. But if their natures are totally at variance, if she has been cruelly wronged and disappointed by his conduct, she should have the right to leave him and to wed again. The world of men and women has ceased to believe that individual happiness should be sacrificed until death to the cruel or degenerate vices of another."

"The doctrine of selfish individualism," murmured the rector.

"Mrs. Stuart informed me that you made that cry the basis of your objection. I agree with you that individualism has in many directions been given too free scope, and that modern social science is right in demanding that it should be curbed for the common good. But only when it is for the common good, Mr. Prentiss. Divorce and remarriage are in many instances necessary for the welfare of humanity, for the protection and relief of the suffering and virtuous and the joyous refreshment of maimed, tired lives."

"And how liable they are to become tired with such easy avenues of escape!" Mr. Prentiss hastened to exclaim. "So long as remarriage is stigmatized as a lapse from spiritual grace, young couples will be patient and long-suffering. The truest love is often the fruit of mutual forbearance during the early years of wedlock. It is only one step from what you demand to divorce for general incompatibility. I have yet to hear you disclaim belief that this would be for the common good, Mr. Perry." Mr. Prentiss rolled out the phrase "general incompatibility" with fierce gusto, as though he were scornfully revelling in its felicity as an epitome of his opponent's theory carried to its logical conclusion. He had been sparring for wind, waiting for an opening as it were, and feeling that he had found it, he forced the fighting.

"It is difficult to forecast what is to be the future evolution of the divorce problem," answered Gordon, reflectively. "On one side is the security of the home, as you have indicated, on the other the claims of justice and happiness. Just now respectable society stands a little aghast--and no wonder--at the scandalous lack of reverence for the marriage tie shown by our new plutocracy----"

"Godless people!" interjected the rector.

"And will doubtless mend its fences for the time being so as to refuse divorce except for genuine tangible wrongs, such as those we have discussed. But if you ask me whether I believe that in the end general incompatibility--meaning thereby total lack of sympathy between husband and wife--will be recognized by human society as a valid and beneficial ground, my answer is that the social drift is that way. It will depend on the attitude of the women. They constitute by far the majority of the applicants for divorce, as you know. If they become convinced that it will not be for the welfare and happiness of themselves and their children to remain tied to men utterly uncongenial, the State probably will give them their liberty. But one thing is certain," he added, "the Church will never be able to fasten again upon the world its arbitrary standard."

Gordon rose as he finished. He felt that the interview was at an end, a drawn battle so far as change of opinion was concerned. But he had chosen to complete his bird's-eye glimpse of the possible future with a definite and pointed prediction.

Mr. Prentiss had listened with astonishment to the speculative suggestion. He had expected a disavowal of the license embodied in his taunt, and a floundering attempt at limitation which he hoped would involve his adversary in an intellectual quicksand. Up to this point he had fancied Gordon, though he had disagreed with him. But now, as he also rose, he manifested a shade of haughtiness, as though he were dismissing someone who had come perilously near landing himself outside the pale of the respect which one man owes another of the same class. Ignoring the assertion as to the decay of the Church's power, he said:

"Such an evolution as you predict, sir, would undermine the structure of human society."

"It would be more or less revolutionary, certainly," answered Gordon, blandly. The possibility seemed not to have proper terrors for him, which was puzzling to the clergyman, who was loth to regard this well-appearing young man as a sympathizer with radical social doctrines. He stared at Gordon a moment.

"So long as women are as pure and spiritual minded as Mrs. Stuart the laxity which you seem to invite will be out of the question."

Here was an unequivocal reminder to Gordon of the real fruitlessness of his interview. It was in effect a challenge; and he accepted it as such.

"She will yet become my wife."

Mr. Prentiss shook his head. "I have known her longer than you," he asserted proudly.

For a moment there was silence. Issue had been joined in these two sentences, and further speech was superfluous. It was Gordon who relieved the tension, which seemed almost hostile, by putting out his hand.

"Mr. Prentiss," he said, "we disagree utterly, but that is no reason surely why we should not part with amicable respect for each other's differences of opinion? I know you are actuated solely by the desire to accomplish what you believe to be right."

The manly appeal was instantly reciprocated. The clergyman grasped the outstretched hand and shook it firmly. To agree to disagree gracefully was in keeping with his theories as to the proper attitude of men of affairs.

"Mr. Perry," he said, "I am glad to have made your acquaintance. Believe me, I grieve that the church in my person must stand between you and happiness. If any matter at any time arises where you think I could be of public service, do not hesitate to consult me. I am well aware that we both are laborers in the same vineyard."

Considering that their theological views were nearly as divergent as the poles, and that they were battling for a woman's soul, this was eminently conciliatory and rational on either side.

XXIII

The parting with Gordon had been exceedingly painful for Constance, but she had not wavered. The circumstance that they were in the street had been a serviceable protection, for it forced upon the interview a restraint which must have been lacking had they been indoors. She was enabled to keep her lover at bay, and to meet his protestations of devotion and dismay with the answer that she had made up her mind. At the outset she had explained to him in a few words that she had become convinced that marriage would be inconsistent with her highest spiritual duty and hence must be renounced. Her responses to his arguments and impetuous questions were brief and substantially a repetition of her plea that it was incumbent on them for the good of civilization to stifle their love. He did most of the talking, she listened, and under the influence of her resolution rebuffed him gently from time to time, trying to make plain to him that separation was inevitable. When they had reached Lincoln Chambers she felt it advisable for both their sakes that he should not enter, but that they should part with as little excitement as possible. Of what avail an emotional scene such as would be sure to take place were she to let him in? So she had bidden him good-by then and there, informing him that she was to become Mrs. Wilson's secretary. She had permitted herself finally one last hand clasp and the luxury of saying, "May God bless you, Gordon. You have been the truest friend a woman ever had. I wish you might be more. Good-by." Then she had fled, leaving him standing aghast and still refusing to believe that she could be in earnest.

After she was alone she was free to weep, and weep she did, divining, perhaps, that the surest way to drown her grief was to let sorrow have sway for the moment. When she faced life on the morrow, quiet and resolute, she could not help thinking of the Catholic Sisters of Charity whom she was in the habit of seeing on the street, whose faces so constantly suggested that they had dispensed with earthly happiness. But her elastic nature demanded that she should seek earthly happiness still, and she found herself protesting against the thought that her renunciation might sadden the remainder of her life. Was not her sacrifice for the welfare of society? If so, it behooved her to behold in it a real blessing over which she should rejoice. If it were not a cause for congratulation, a real escape from evil, she was simply worshipping a fetich as Gordon had declared. It was no case of preference for spiritual over mundane things, but of a choice of what was best for her as a human being. Hence she ought to find fresh zest in life itself, not wait for future rewards.

So she sought to deaden her senses to every thought or memory of Gordon, and to take up her new life as a quickening privilege. The first thing to do was to regain the complete use of her eyes, and for this patient idleness during several months would be necessary.

Therefore, without demur, she lived up to her promise to Mrs. Wilson by accepting the funds necessary for her support until such time as she should be able to assume the full duties of her position. Mrs. Wilson made this easier for her by sending her to investigate diverse philanthropic and sociological appeals and employing her on a variety of errands. The present secretary had agreed to remain until Constance could take her place, and was glad to delegate such duties as the latter could perform. Accordingly Constance reported daily for instructions and had the run of the office appropriated to the secretary's use, a pretty room furnished with a convenient but artistic desk, a typewriter and all the paraphernalia for the despatch of a large correspondence. She longed for the day to arrive when this room would be hers, and she could devote herself unreservedly to the furtherance of Mrs. Wilson's wide interests.

One evening, some fortnight after the parting between Constance and Gordon, Loretta came bouncing into Constance's apartment. She had been employed in one place as a nurse during that period, but had completed her engagement the day before. She appeared to be in good spirits, and Constance noticed that she had on a new hat and jacket more gaudy than was her custom, as though she had spent her earnings promptly and freely. Moreover she looked knowing. The cause of this last manifestation was disclosed when, after a few preliminary greetings, she exclaimed:

"And so you've left Gordon Perry, Esq., Counsellor-at-Law!"

"Yes. It wouldn't have been fair to Mr. Perry to ask him to wait. Besides, Mrs. Wilson has invited me to become her private secretary. Miss Perkins is going to be married."

Loretta cocked her head on one side and winked an eye. She appeared amused by this plausible explanation, which apparently was not news to her.

"I guess somebody else is going to be married too."

Constance felt uncomfortable; she scented mischief. But there was nothing to do but look innocent.

"A little bird told me to-day that you had only to nod your head to become Mrs. Gordon Perry, Esq." Enjoying the look of confusion which this bold sally evoked, Loretta approached Constance and peered mockingly into her face.