Chapter I: AM to introduce this discussion with some facts and make a few (2)

Few people have an adequate idea of the sufferings of women and children, of the number of wives who tremble when they hear the footsteps of a returning husband, of the number of children who hide when they hear the voice of a father. Few people know the number of blows that fall on the flesh of the helpless every day, and few know the nights of terror passed by mothers who hold babes to their breasts. Compared with these, all the hardships of poverty borne by those who love each other are as nothing. Men and women truly married bear the sufferings and misfortunes of poverty together. They console each other. In the darkest night they see the radiance of a star, and their affection gives to the heart of each perpetual sunshine.

The good home is the unit of the good government. The hearthstone is the corner-stone of civilization. Society is not interested in the preservation of hateful homes, of homes where husbands and wives are selfish, cold, and cruel. It is not to the interest of society that good women should be enslaved, that they should live in fear, or that they should become mothers by husbands whom they hate. Homes should be filled with kind and generous fathers, with true and loving mothers; and when they are so filled, the world will be civilized. Intelligence will rock the cradle; justice will sit in the courts; wisdom in the legislative halls; and above all and over all, like the dome of heaven, will be the spirit of liberty.

Although marriage is the most important and the most sacred contract that human beings can make, still when that contract has been violated, courts should have the power to declare it null and void upon such conditions as may be just.

As a rule, the woman dowers the husband with her youth, her beauty, her love--with all she has; and from this contract certainly the husband should never be released, unless the wife has broken the conditions of that contract. Divorces should be granted publicly, precisely as the marriage should be solemnized. Every marriage should be known, and there should be witnesses, to the end that the character of the contract entered into should be understood; the record should be open and public. And the same is true of divorces. The conditions should be determined, the property should be divided by a court of equity, and the custody of the children given under regulations prescribed.

Men and women are not virtuous by law. Law does not of itself create virtue, nor is it the foundation or fountain of love. Law should protect virtue, and law should protect the wife, if she has kept her contract, and the husband, if he has fulfilled his. But the death of love is the end of marriage. Love is natural. Back of all ceremony burns and will forever burn the sacred flame. There has been no time in the world's history when that torch was extinguished. In all ages, in all climes, among all people, there has been true, pure, and unselfish love. Long before a ceremony was thought of, long before a priest existed, there were true and perfect marriages. Back of public opinion is natural modesty, the affections of the heart; and in spite of all law, there is and forever will be the realm of choice. Wherever love is, it is pure; and everywhere, and at all times, the ceremony of marriage testifies to that which has happened within the temple of the human heart.

_Question (2). Ought divorced people to be allowed to marry under any circumstances?_

This depends upon whether marriage is a crime. If it is not a crime, why should any penalty be attached? Can any one conceive of any reason why a woman obtaining a divorce, without fault on her part, should be compelled as a punishment to remain forever single? Why should she be punished for the dishonesty or brutality of another? Why should a man who faithfully kept his contract of marriage, and who was deserted by an unfaithful wife, be punished for the benefit of society? Why should he be doomed to live without a home?

There is still another view. We must remember that human passions are the same after as before divorce. To prevent remarriage is to give excuse for vice.

_Question (3). What is the effect of divorce upon the integrity of the family?_

The real marriage is back of the ceremony, and the real divorce is back of the decree. When love is dead, when husband and wife abhor each other, they are divorced. The decree records in a judicial way what has really taken place, just as the ceremony of marriage attests a contract already made.

The true family is the result of the true marriage, and the institution of the family should above all things be preserved. What becomes of the sacredness of the home, if the law compels those who abhor each other to sit at the same hearth? This lowers the standard, and changes the happy haven of home into the prison-cell. If we wish to preserve the integrity of the family, we must preserve the democracy of the fireside, the republicanism of the home, the absolute and perfect equality of husband and wife. There must be no exhibition of force, no spectre of fear. The mother must not remain through an order of court, or the command of a priest, or by virtue of the tyranny of society; she must sit in absolute freedom, the queen of herself, the sovereign of her own soul and of her own body. Real homes can never be preserved through force, through slavery, or superstition. Nothing can be more sacred than a home, no altar purer than the hearth.

_Question (4). Does the absolute prohibition of divorce where it exists contribute to the moral purity of society?_

We must define our terms. What is moral purity? The intelligent of this world seek the well-being of themselves and others. They know that happiness is the only good; and this they strive to attain. To live in accordance with the conditions of well-being is moral in the highest sense. To use the best instrumentalities to attain the highest ends is our highest conception of the moral. In other words, morality is the melody of the perfection of conduct. A man is not moral because he is obedient through fear or ignorance. Morality lives in the realm of perceived obligation, and where a being acts in accordance with perceived obligation, that being is moral. Morality is not the child of slavery. Ignorance is not the corner-stone of virtue.

The first duty of a human being is to himself. He must see to it that he does not become a burden upon others. To be self-respecting, he must endeavor to be self-sustaining. If by his industry and intelligence he accumulates a margin, then he is under obligation to do with that margin all the good he can. He who lives to the ideal does the best he can. In true marriage men and women give not only their bodies, but their souls. This is the ideal marriage; this is moral. They who give their bodies, but not their souls, are not married, whatever the ceremony may be; this is immoral.

If this be true, upon what principle can a woman continue to sustain the relation of wife after love is dead? Is there some other consideration that can take the place of genuine affection? Can she be bribed with money, or a home, or position, or by public opinion, and still remain a virtuous woman? Is it for the good of society that virtue should be thus crucified between church and state? Can it be said that this contributes to the moral purity of the human race?

Is there a higher standard of virtue in countries where divorce is prohibited than in those where it is granted? Where husbands and wives who have ceased to love cannot be divorced, there are mistresses and lovers.

The sacramental view of marriage is the shield of vice. The world looks at the wife who has been abused, who has been driven from the home of her husband, and the world pities; and when this wife is loved by some other man, the world excuses. So, too, the husband who cannot live in peace, who leaves his home, is pitied and excused.

Is it possible to conceive of anything more immoral than for a husband to insist on living with a wife who has no love for him? Is not this a perpetual crime? Is the wife to lose her personality? Has she no right of choice? Is her modesty the property of another? Is the man she hates the lord of her desire? Has she no right to guard the jewels of her soul? Is there a depth below this? And is this the foundation of morality? this the corner-stone of society? this the arch that supports the dome of civilization? Is this pathetic sacrifice on the one hand, this sacrilege on the other, pleasing in the sight of heaven?

To me, the tenderest word in our language, the most pathetic fact within our knowledge, is maternity. Around this sacred word cluster the joys and sorrows, the agonies and ecstasies, of the human race. The mother walks in the shadow of death that she may give another life. Upon the altar of love she puts her own life in pawn. When the world is civilized, no wife will become a mother against her will. Man will then know that to enslave another is to imprison himself.

Robert G. Ingersoll.

DIVORCE.

A LITTLE while ago the North American Review propounded the following questions:

1. Do you believe in the principle of divorce under any circumstances?

2. Ought divorced people to be allowed to marry, under any circumstances?

3. What is the effect of divorce on the integrity of the family?

4. Does the absolute prohibition of divorce, where it exists, contribute to the moral purity of society?

These questions were answered in the November number of the Review, 1889, by Cardinal Gibbons, Bishop Henry C. Potter and myself. In the December number, the same questions were again answered by W. E. Gladstone, Justice Bradley and Senator Dolph. In the following month Mary A. Livermore, Amelia E. Barr, Rose Terry Cooke, Elizabeth Stuart Phelps and Jennie June gave their opinions upon the subject of divorce; and in the February number of this year, Margaret Lee and the Rev. Phillip S. Moxom contributed articles upon this subject.

I propose to review these articles, and, first, let me say a few words in answer to Cardinal Gibbons.

REPLY TO CARDINAL GIBBONS.

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.

_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?

In addition to this, you have taken pains to publish in your own paper, that it was no part of your design in the article in the _North American Review_, to point out errors in my statements, and that this design was distinctly disavowed in the opening paragraph of your article. You further say, that your simple object was to answer the question "What is Christianity?" May I be permitted to ask why you addressed the letter to me, and why do you now pretend that, although you did address a letter to me, I was not in your mind, and that you had no intention of pointing out any flaws in my doctrines or theories? Can you afford to occupy this position?

You also stated in your own paper, _The Christian Union_, that the title of your article had been changed by the editor of the _Review_, without your knowledge or consent; leaving it to be inferred that the title given to the article by you was perfectly consistent with your statement, that it was no part of your design in the article in the _North American Review_, to point out errors in my (Ingersoll's) statements; and that your simple object was to answer the question, What is Christianity? And yet, the title which you gave your own article was as follows: "To Robert G. Ingersoll: A Reply."

First. We are told that only twelve crimes were punished by death: idolatry, witchcraft, blasphemy, fraudulent prophesying, Sabbath-breaking, rebellion against parents, resistance to judicial officers, murder, homicide by negligence, adultery, incestuous marriages, and kidnapping. We are then told that as late as the year 1600 there were 263 crimes capital in England.

Does not the world know that all the crimes or offences punishable by death in England could be divided in the same way? For instance, treason. This covered a multitude of offences, all punishable by death. Larceny covered another multitude. Perjury--trespass, covered many others. There might still be made a smaller division, and one who had made up his mind to define the Criminal Code of England might have said that there was only one offence punishable by death--wrong-doing.

The facts with regard to the Criminal Code of England are, that up to the reign of George I. there were 167 offences punishable by death. Between the accession of George I. and termination of the reign of George III., there were added 56 new crimes to which capital punishment was attached. So that when George IV. became king, there were 223 offences capital in England.

John Bright, commenting upon this subject, says: