Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-09

= --.;Is IN. Almighty permits me to live, will
.Icrfce one right have in her, or cease 10 use sucA
means as Heaven may place WITHIN my reaIn' "
mich nav hope to obtain her, and restore her TO
that circle her ties to which have been loosened In
the first instance by the unnatural act oil moiher
Who ought to have cherished and cultivated their
most solid adherence; and now, by that same mother
hoped to be for ever sundered by what, if may not
denounce il as the unrghteous, may at least pro-
nounee tobe, the evasve decision OF His Honor Tor
by the title of judicial 1t would not seem that ne Is
even himself pleased to characterize 1T. A decision,
which, while it leaves untouched any and every
right had in my child when commenced my exer
tions for its recovery and possession am informed
has been characterized by individuals OF ,nign
legal attainments, as in their opinion caicuiated
iniurously TO affect all the interests oil domesuc
life as what, though by many females perhaps
considered important fortihcation 10 an inProPer
exercise of power on their part, would be iound IN
the end 10 infict even on themselves the deepest and
most incalcuable mischief; inasmuch as ioosenihg
OF the bonds of matrimonial lie at the pressure VI
either party without sufficient cause, ana that IRE
fraeibly substantiated before proper tribunal,
could have no other tendency than TO destroy all the
foundations OF civil society," and consequently TO ais
solve and break down all the associations interest
and happiness of social and domesuc NE 'i,ere s
erected with all due Difference, therefore, 10 the
perfect reasonabeness, and the strict ]usuce OF his
Honors assertion, that "whateyer additional tesu-
mony might have been adduced, he should not nave
altered or amended his decision, l cannon CONSIDER
him as having exercised his judgment in the best
manner for my infant, if he did not adopt the best
method to ensure the accuracy and correctness OF
that Judgment Could he possibly arrive AT TINS, Dy
placing in juxta- position merely the "natural care
and wa.chulness Of the mother" and tine iegai
protection and guardianship Of the father =! II he
had any right to place himself above or beyond the
simple ADMINISTRATION OF the strict law OF the case,
and to use his discretion therein was there not most
certainly another duty he owed not only to the par
ties litgant but to HIMSELF viz to hear the paries
without which, how were 1t possible ior MIN 10
exercise sound discretion Had this been done,
l. ,,dfr tni.ht no slb
TO have said Under the circumstances oil TINS case
exercising my Judgment for the Deneht OF the cniia'
cannot bat believe that the natural care ana watch'
fulness added to the legal protection ana guaruia
shin of the father, will be Of more benefit TO IT, than
the mere natural care and watchuness OF thu mother
living apart from her husband as she does, without
sufficient cause, IN state winch no,hihg pu' iiS'
to a decree Tor q separation, which does not exist,
could iustily-subsst herself and chiid, on .ne
mere charity Of relative, OF which many pos soii
ties may tomorrow deprive her, and throw her ana
her child back the RESOURCES oil the husband ana
father and shall therefore make an order accoru-
ingly" ,o,,oa
that no testimony whatever should alter MS views,
IL perhaps would not have been difficult 10 she" the
soundness of 4 decision thus expressed. suppose
could have proved satisfactorily by the testimony
of nv two daughters and my servants, as wei as 81
others that, from the birth OF my two ch'iuren IN
al nv leaving New York, Mrs. Barry had gene iiy
speaking, devoted but very small portion OF her
time and IF her maternal care and waichiuiness, 70
them; that this duty was shared among, ana per-
formed b., my : four grown up daughters" one o.
whom rose early every morning, often even before
the servant TO relieve Mrs OF every possible care
and exertonl Might not nay, would not circum-
stance like this, aud il is just what stood prepared
10 prove have materially influenced the unbiased,
the unparalleled Judgment Of any individual as 10
what woula be most for the benefit Of the child,
when united II the natural care aud watchuness 81
the father also and all these added 70, and fortified
by. his legF protection and guardianship Methinks
these simple qucst will find ready and correct
response in The bosom of every reasonable and I'M
pledged individual, whether male or female.
We must now have Mrs Barry's version and opin'
ion of the proceedings.