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.