Part 36

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.

_The Cardinal_. My dear woman, God instituted in Paradise the marriage state and sanctified it, and he established its law of unity and declared its indissolubility.

_The Wife_. But, Mr. Cardinal, 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 afterward upheld polygamy? How is it that he forgot to say anything on the subject when he gave the Ten Commandments to Moses?

_The Cardinal_. You must remember that the institution of marriage suffered in the fall of man.

_The Wife_. How does that throw any light upon my case? That was long ago. Surely, I was not represented at that time, and is it right that I should be punished for what was done by others in the very beginning of the world?

_The Cardinal._ Christ reasserted in clear and unequivocal terms, the sanctity, unity and indissolubility of marriage, and Christ gave to this state an added holiness, and a dignity higher far than it had from the beginning.

_The Wife_. How did it happen that Jacob, while in direct communication with God, married, not his deceased wife's sister, but both sisters while both were living? And how, my dear Cardinal, do you account for the fact that God upheld concubinage?

_The Cardinal._ Marriage is a sacrament. You seem to ask me whether divorce from the bond of marriage can ever be allowed? I answer with an emphatic theological No; and as a reason for this No, I say, Thus saith the Lord. To allow a divorce and to permit the divorced parties, or either of them, to remarry, is one species of polygamy. There are two kinds--the simultaneous and the successive.

_The Wife_. But why did God allow simultaneous polygamy in Palestine? Was it any better in Palestine then than it is in Utah now? If a wife dies, and the husband marries another wife, is not that successive polygamy?

_The Cardinal_. Curiosity leads to the commission of deadly sins. We should be satisfied with a Thus saith the Lord, and you should be satisfied with a Thus saith the Cardinal. If you have the right to inquire--to ask questions--then you take upon yourself the right of deciding after the questions have been answered. This is the end of authority. This undermines the cathedral. You must remember the words of our Lord: "What God hath joined together, let not man put asunder."

_The Wife_. Do you really think that God joined us together? Did he at the time know what kind of man he was joining to me? Did he then know that he was a wretch, an ingrate, a kind of wild beast? Did he then know that this husband would desert me--leave me with two babes in my arms, without raiment and without food? Did God put his seal upon this bond of marriage, upon this sacrament, and it was well-pleasing in his sight that my life should be sacrificed, and does he leave me now to crawl toward death, in poverty and tears?

_The Cardinal_. My dear woman, I will not linger here to point out to you the need of seeking from a higher than an earthly power the grace to suffer and be strong.

_The Wife_. Mr. Cardinal, am I under any obligation to God? Will it increase the happiness of the infinite for me to remain homeless and husbandless? Another offers to make me his wife and to give me a home,--to take care of my children and to fill my heart with joy. If I accept, will the act lessen the felicity or ecstasy of heaven? Will it add to the grief of God? Will it in any way affect his well-being?

_The Cardinal._ Nothing that we can do can effect the well-being of God. He is infinitely above his children.

_The Wife_. Then why should he insist upon the sacrifice of my life? Mr. Cardinal, you do not seem to sympathize with me. You do not understand the pangs I feel. You are too far away from my heart, and your words of consolation do not heal the bruise; they leave me as I now leave you--without hope. I will ask the advice of the Right Honorable William E. Gladstone.

_The Wife_. Mr. Gladstone, you know my story, and so I ask that you will give me the benefit of your knowledge, of your advice.

_Mr. Gladstone_. My dear woman, marriage is essentially a contract for life, and only expires when life itself expires. I say this because Christian marriage involves a vow before God, and no authority has been given to the Christian Church to cancel such a vow.

_The Wife_. Do you consider that God was one of the contracting parties in my marriage? Must all vows made to God be kept? Suppose the vow was made in ignorance, in excitement--must it be absolutely fulfilled? Will it make any difference to God whether it is kept or not? Does not an infinite God know the circumstances under which every vow is made? Will he not take into consideration the imperfections, the ignorance, the temptations and the passions of his children? Will God hold a poor girl to the bitter dregs of a mistaken bargain? Have I not suffered enough? Is it necessary that my heart should break? Did not God know at the time the vow was made that it ought not to have been made? If he feels toward me as a father should, why did he give no warning? Why did he accept the vow? Why did he allow a contract to be made giving only to death the annulling power? Is death more merciful than God?

_Mr. Gladstone_. All vows that are made to God must be kept. Do you not remember that Jephthah agreed to sacrifice the first one who came out of his house to meet him, and that he fulfilled the vow, although in doing so, he murdered his own daughter. God makes no allowance for ignorance, for temptation, for passion--nothing. Besides, my dear woman, to cancel the contract of marriage lies beyond the province of the civil legislature; it has no competency to annul the contract of marriage when once made.

_The Wife_. The man who has rescued me from the tyranny of my husband--the man who wishes to build me a home and to make my life worth living, wishes to make with me a contract of marriage. This will give my babes a home.

_Mr. Gladstone_. My dear madam, while divorce of any kind impairs the integrity of the family, divorce with remarriage destroys it root and branch.

_The Wife_. The integrity of my family is already destroyed. My husband deserted his home--left us in the very depths of want. I have in my arms two helpless babes. I love my children, and I love the man who has offered to give them and myself another fireside. Can you say that this is only destruction? The destruction has already occurred. A remarriage gives a home to me and mine.

_Mr. Gladstone._ But, my dear mistaken woman, the parental and the conjugal relations are joined together by the hand of the Almighty.

_The Wife._ Do you believe that the Almighty was cruel enough, in my case, to join the parental and the conjugal relations, to the end that they should endure as long as I can bear the sorrow? If there were three parties to my marriage, my husband, myself, and God, should each be bound by the contract to do something? What did God bind himself to do? If nothing, why should he interfere? If nothing, my vow to him was without consideration. You are as cruel and unsympathetic, Mr. Gladstone, as the Cardinal. You have not the imagination to put yourself in my place.

_Mr. Gladstone._ My dear madam, we must be governed by the law of Christ, and there must be no remarriage. The husband and wife must remain husband and wife until a separation is caused by death.

_The Wife._ If Christ was such a believer in the sacredness of the marriage relation, why did he offer rewards not only in this world, but in the next, to husbands who would desert their wives and follow him?

_Mr. Gladstone._ It is not for us to inquire. God's ways are not our ways.

_The Wife._ Nature is better than you. A mother's love is higher and deeper than your philosophy. I will follow the instincts of my heart. I will provide a home for my babes, and for myself. I will be freed from the infamous man who betrayed me. I will become the wife of another--of one who loves me--and after having filled his life with joy, I hope to die in his arms, surrounded by my children.

A few months ago, a priest made a confession--he could carry his secret no longer. He admitted that he was married--that he was the father of two children--that he had violated his priestly vows. He was unfrocked and cast out. After a time he came back and asked to be restored into the bosom of the church, giving as his reason that he had abandoned his wife and babes. This throws a flood of light on the theological view of marriage.

I know of nothing equal to this, except the story of the Sandwich Island chief who was converted by the missionaries, and wished to join the church. On cross-examination, it turned out that he had twelve wives, and he was informed that a polygamist could not be a Christian. The next year he presented himself again for the purpose of joining the church, and stated that he was not a polygamist--that he had only one wife. When the missionaries asked him what he had done with the other eleven he replied: "I ate them."

The indissoluble marriage was a reaction from polygamy. The church has always pretended that it was governed by the will of God, and that for all its dogmas it had a "thus saith the Lord." Reason and experience were branded as false guides. The priests insisted that they were in direct communication with the Infinite--that they spoke by the authority of God, and that the duty of the people was to obey without question and to submit with at least the appearance of gladness.

We now know that no such communication exists--that priests spoke without authority, and that the duty of the people was and is to examine for themselves. We now know that no one knows what the will of God is, or whether or not such a being exists. We now know that nature has furnished all the light there is, and that the inspired books are like all books, and that their value depends on the truth, the beauty, and the wisdom they contain. We also know that it is now impossible to substantiate the supernatural. Judging from experience--reasoning from known facts--we can safely say that society has no right to demand the sacrifice of an innocent individual.

Society has no right, under the plea of self-preservation, to compel women to remain the wives of men who have violated the contract of marriage, and who have become objects of contempt and loathing to their wives. It is not to the best interest of society to maintain such firesides--such homes.

The time has not arrived, in my judgment, for the Congress of the United States, under an amendment to the Constitution, to pass a general law applicable to all the States, fixing the terms and conditions of divorce. The States of the Union are not equally enlightened. Some are far more conservative than others. Let us wait until a majority of the States have abandoned the theological theories upon this subject.

Upon this question light comes from the West, where men have recently laid the foundations of States, and where the people are not manacled and burdened with old constitutions and statutes and decisions, and where with a large majority the tendency is to correct the mistakes of their ancestors.

Let the States in their own way solve this question, and the time will come when the people will be ready to enact sensible and reasonable laws touching this important subject, and then the Constitution can be amended and the whole subject controlled by Federal law.

The law, as it now exists in many of the States, is to the last degree absurd and cruel. In some States the husband can obtain a divorce on the ground that the wife has been guilty of adultery, but the wife cannot secure a divorce from the husband simply for the reason that he has been guilty of the same offence. So, in most of the States where divorce is granted on account of desertion for a certain number of years, the husband can return on the last day of the time fixed, and the poor wife who has been left in want is obliged to receive the wretch with open arms. In some States nothing is considered cruelty that does not endanger life or limb or health. The whole question is in great confusion, but after all there are some States where the law is reasonable, and the consequence is, that hundreds and thousands of suffering wives are released from a bondage worse than death.

The idea that marriage is something more than a contract is at the bottom of all the legal and judicial absurdities that surround this subject. The moment that it is regarded from a purely secular standpoint the infamous laws will disappear. We shall then take into consideration the real rights and obligations of the parties to the contract of marriage. We shall have some respect for the sacred feelings of mothers--for the purity of woman--the freedom of the fireside--the real democracy of the hearthstone and, above all, for love, the purest, the profoundest and the holiest of all passions.

We shall no longer listen to priests who regard celibacy as a higher state than marriage, nor to those statesmen who look upon a barbarous code as the foundation of all law.

As long as men imagine that they have property in wives; that women can be owned, body and mind; that it is the duty of wives to obey; that the husband is the master, the source of authority--that his will is law, and that he can call on legislators and courts to protect his superior rights, that to enforce obedience the power of the State is pledged--just so long will millions of husbands be arrogant, tyrannical and cruel.

No gentleman will be content to have a slave for the mother of his children. Force has no place in the world of love. It is impossible to control likes and dislikes by law. No one ever did and no one ever can love on compulsion. Courts can not obtain jurisdiction of the heart.

The tides and currents of the soul care nothing for the creeds. People who make rules for the conduct of others generally break them themselves. It is so easy to bear with fortitude the misfortunes of others.

Every child should be well-born--well fathered and mothered. Society has as great an interest in children as in parents. The innocent should not be compelled by law to suffer for the crimes of the guilty. Wretched and weeping wives are not essential to the welfare of States and Nations.

The church cries now "whom God hath joined together let not man put asunder"; but when the people are really civilized the State will say: "whom Nature hath put asunder let not man bind and manacle together."

Robert G. Ingersoll.

ANSWER TO LYMAN ABBOTT.

* This unfinished article was written as a reply to the Rev. Lyman Abbott's article entitled, "Flaws in Ingersollism," which was printed in the April number of the North American Review for 1890.

IN your Open Letter to me, published in this Review, you attack what you supposed to be my position, and ask several questions to which you demand answers; but in the same letter, you state that you wish no controversy with me. Is it possible that you wrote the letter to prevent a controversy? Do you attack only those with whom you wish to live in peace, and do you ask questions, coupled with a request that they remain unanswered?