Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-11
The Case Of Mr.. and Dlrs. Barry.
concluded from yesterdayh paper.l

the possession Of my child until some agreement
or compromise be made between us" there is little
doubt but she will deem it hers for srsr-unless l
obtain charge Of custody by judicial decision, |
which shall most certainly attempt, if be spared,
and in which hope and trust to succeed. Though
have ever stood ready to meet her, can have no
hope of her yielding to any agreement or compro-
mise, that involves her removal from New York. |
Ii is not in the power OF humanity TO do more than
have done, Of conciliatory nature, towards her;
yet, have been invariably met with draws sword
the scabbard thrown to the winds: and, the only
return have received from her and her family, has
been SANDER, abuse and prescription dealt out most
unsparingly during my absence from the city Were
1t not that almost any individual would be led to
suppose from the alusion of His Honor to "agree-
ment or compromise" that no such thing had been
hitherto attempted at least by me, should not IN
TINS communication, have alluded to it, In proof,
however, OF this, should transcrbe the copy OF
letter caused to be delivered to her on the LIST day
OF June last, more than fortnight after the issuing
OF the writ OF habeas. corpus, To this c6mmunica-
ton received no I'd ply, although l called at the
house for one yet trust the public will be salts
fed, from its perusal that have done my duty in
the e. premises PREMISE.
have called at the office of Mr. Anthem this
day, and found to my great disappointment, much
as to hs surprise, that nothing had been yet received
BY him from your counsel on our unhappy business.
however, assure you that neither the present alb
of important testimony, which will be forth
coming when requred-nor delay-nor any other
occurrence, mode of procedure the part of you
or yours, can possibly break down my determinate
resolution to test my rights in you and my child, to
the utmost extent if the decision OF legal tribunal
must. at your option. be the only mode OF arriving
at that result. Yet, Notwithstanding matters have
already gone so far do feel that this need not be-
and, fully determined to leave room,-to have no
cause for self reproach in after days, now avail
myself OF the lapse of time between this and Monday
morning during which nothing further off legal ma
ture be dene again, in the kindliest, and most
afeciohate manner, to propose, Tor your acceptance
the most liberal terms OF reconciliation, viz That
all legal and other hostilities Immediately cease
that deepest Oblivion, so far as we are able, cover
the recollection Of every thing past of an unhappy
nature between us; no mention OF which, from one
to the other, shall under any circumstances, ever
take pace-and that We henceiorth endeavor to dis
charge faithfully several duties and obligations
| to each other, and to those dependent on US.
| am not inclined I'd boncesl that in doing am
aware it will be needful for on both sides 70 make
sacrifce-a great, tremendous sacrifice OF perso-
nal feelings For this am prepared. But admitting
these sacrifices involved in reconciliation TO be
most severe STILL they not far less than the suf-
ferngs which must be our mutual lot in legal con.
troVersy, and in favor of whomsoeyer it may! And
then, cur children! yes-our precious children!
w i'll not you permit their interests, II nothing else
10 weigh with you? There is no amount OF personal
feeling, to the sacrifice Of which would not submit,
short Of total abandonment of character and reputa
ton, tact submission TO attempts at their ira
duction for the interests Of dear children los
now, presume, know my fathers unqualified opin-
ion Of your perssting in absentipg yourself from our
family, without the possibility of mstaking him; al
Though have never spoken to him on the subject one
word. To another than Imogen, however, from
whose lips had it, he remarked that " in his opn-
ion, your were planting thorns for your dying pill
low" From this would fan preserve you; and
seriously ask YOU, ought any consideration for " the
remarks Of the community, either here or nj Nova
Scotia the subject of our liaion TO deter
from the performance OF dutyl IL again hap
Ply in ourselves-in each other-and in those so dear
TO us-as may even yet assurediy beof how little
consequence TO us weuld these remarks be! And
how very small bearing could they, by any possib-
lily, have on our welfarel bring not these consi-
derations to your notice in the form OF entreaty.
This l cannot consent to do; but kindly and afec-
tonatey submit them for the decision of your calmly
deliberate Judgment In the exercise Of which trust
the quietude OF tho morrow Sunday will proftabiy
| aid you.
Mr. Anthem does not knew Of this conmun cation
neither has it been suggested by him or any other
person The spontaneity Of my hearts deep feelings
and sense OF duty, have alene prompted il.
shall call on Monday morning at half past eight
o'clock, that reply may be handed me in case you
so incline; and if so, request that il may be from
under your own hand and not written by another.
Meantime with tender solicitude and affec tiona
| anxiety, remain still Your HUSBAND.
Saturday afternoon, LIST June, 1880.
/ What is the unhappy and unhonorabe situation in
which Mrs. Barry stands while thus resisting all at
tempts at conciation and in which the unfortunate
decision OF His Honor In awarding to her the custody
of my child, but tso well calculated to encourage
her to continue, may be estimated in tolerabe
degree from the following language Of Chancellor
gers Rodgers, which have copied from Paige
Chancery Reports, vol 4, p. 5l7, 1884 He says as
follows, viz:-"It is impossible fora femme coavere
to make any valid agreement with her husband to
live separate from him, in violation Of the marriage
contract, AMI Of the duties which she to soce-
~, except under the sanction Of the Court and in
where the conduct Of her husband has been sue
as to entitle her to decree for separation. The
law OF the land does not authorize nor sanction a
voluntary agreement for separation between husband
and wife. The indissolubility Of the marriage CON
tract renders il impossible for the parties to release
each other from the reciprocal duties which the rea
ton Of husband and wife implies. Sir VIM Scott,
in delivering the judgment in the case Of Mortimer
u Mortimer, q Hagg. Cons. Rep. 3lSD says, 7" the
Court considers private separation illegal con-
tract. II implies nunciaton of stipulated duties
dereliction of those mutual Offices which the par
false character in both parties, contrary TO the real
status persona and to the obligations which both Of
them have contracted in the sight Of God and
live together until death; and on which obligations
the soemnities, both Of civil society and Of
have stamped binding authority, from which the
parties cannot release themselves by any private act
of their own, or for causes which the law has not
pronounced to be sufficient and pro
Here, then, is a solemn opinion Of the highest au-
thorty in this State Of the situation Of parties under
a voluntary agreement for separation; and with how
much stronger force then does IL come home to the
case of Mrs Barry, where the inclination 10 be Sc.
parate, is only her own side, not that Of her
husbandl
But one thing more remains TO be noticed and I