Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-05-03
STATE OF MAINE.
In SENATE, March s, 1888.

ea T., Cr Mech 1Q9Q
The joint standing COMMITTEES on the Judiciary to
whom was referred the petition Of Warren Clark
and Mary Clark praying that the Bonds OF N1atrl-
mony may he dissolved, because after having
lived in the marriage state four years, they Ind
their tempers and dispositions so utterly incom-
patlble that the matrimonial cham mas become
exceedingly CALLING have had the same under
consideration and ask leave to submit the tollow-
ing
REPORT.
As petitions OF this kind nave become somewhat
frequent. and as unfortunately, us your committee
eeieve Tor the character oil the otate' 'hey IA
some TWO or three instances, been successful: tue
petltlon now under consideration would seem 10 iur
nsh lit occasion to examine as to the power OF the
Legislature, IN such cases, to entertain Jurisdicuoh
and grant relief; SO that II should be found on ex-
animation that It cannot rightiuy exercise such pow
er, its time, in future not be consumed IN inves
tgatlng the facts IN such cases and the people may
become satlsfed ta' the Legislature not the prop
er triDunalo which application for relie IN uch ca
ses IS 10 De made
Marriage IS not considered as mere contract'iia-
BILE to be continued or dissolved at the pleasure OF
the parties, and as having only the incidents OF an
ordinary contract; but it is treated and considered as
more, as civil institution, more interesting and
important, in its nature and consequences, than any
other known to Society: inasmuch as 1t involves the
sound morals, the domestic affections, and all the
tender and endearng relations and duties of parents
and children. ''-dnd 1t may be truly said, that
Christanty,by giving to 1t more affecting and SUD-
lime morality, has conferred on mankind new bless
ings and has elevated woman to the rank and dlsnl-
ty of an equal instead ofbeing an humble compan-
ION and devoted slave" Our laws IN relation to
divorces are made IN reference TO considerations OF
public policy, and not to the mere contract OF the
parties; and the eore they not permitted to make
the marriage contract dissoluble or ndlssoiuble by
any private agreement made at or alter the marriage.
The question then arises to what tribunal does 1t be-
long 10 Dissolve the marriage contract-A contract,
as above described far transcending in its import
ance and effects on society, all other contracts! Is
the exercise OF such power. in its nature, Judicial
or Legislative! Your committee are constrained to
believe 1t is essentially judicial. Our constitution
declares "that the powers OF the Government shall
be divided into three distinct departments the Leg
isatiye, tho Executive and the Judclai;" that the
Legislature shall have ul power to make and estab-
lish all reasonable laws and regulations for the de-
fence and Dene OF the people OF TINS otae' NOT re-
pugnant to this constitution, nor that OF he ohea
States. II also provides that the Judicial Po"eto,
This tate shall be vested IN a supreme 'uuiciai
Court and sucn other courts as tne s.a
from time to time, esablish; ana ttat every per
son, for an INJURY done IN ms person. reputa'loh'
properly, or immuntes' sha nave Iemeo! ny uuo
course OF law From these provisions IN our con-
stitu'ion It would seem 10 ioow, 'lal IS lne ap-
proPrate business OF Inc Leglsla!ure 10 MAKE laws
Tor Tn peneht OF he people, ana t'ie prov
nee otJudses 10 interpret, expouno'aha Apply 'lis
IL the Legislature undertakes 10 dissolve ,laiIaso
contract either conforms It's decision 10 me EXIST
ing laws IN reiaton 10 ovorces' or t"ese
laws and IN erect makes new law Unknown 10
all the word before ana .heh processes 10 aPPy.
TO the particular case. IL II conforms It's oeclsioh
to existing laws, then exercises concurrent au'hor
hy with our Courts and u 1t can properly exercise
concurrent authority IN TINS all important class OF Ca
ses why may not extend It's urisdicton anu power
10 all otner cases! ana mus our LeSs'ators' oeco
ing our Judges would pe brought IN inc language
OF some OF the fetltIons 10 TINS Legislature, wlhh
the reach OF the people and that annually 100:
and Judges OF TINS character, II VIII De perceived,
wouia NOT De SUBJECT 10 De iihpeachea OF renioVeo
on aodress-an inconvenience 10 whlcn ,ne suoses
known 10 our CONSTITUTION are very properly suoeo.
ed. bui II, IN such cases. the LEGISLATURE IN e1ect
makes new law unknown before, h'leu 10 each
particular case as It is presented' ana apPnes 10
snch case mus, De CONCEDED oy an, Violates
person, Tor an INJURY done"a remedy IN que course
al cannot look to the past or the present. put 70 the
future, otherwise they violate the very denniton OF
a law, which is a "rule Of civil conduct" They
must also De passed according TO certain forms ana
be promulgated; neither OF which IS done IN the
case supposed. They must also apply to the whole
community, and not to particular individuals other
wise they would be violation of the equality oil
10 all our ctzens: me Legislature is NOT tnen a
Dano. VI ,ro 'uoio "a % Ano"n " ou: .n ~.
nor Is II Court IN the last resort having the rght