Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-03
The D,HautyiIIe Case

The arguments in this suspended for
day two, in consequence of indisposition in the
family Of one Of the Judges, and decision is not
ticipated until next week This is a novel and in
tersstng case, and very important principle will
be settled by its decision. The suit is brought by
NJ. D'Hsutville, for the recovery of the possession
of his child. Ia all cvscd countries the father is
entitled 10 the custody OF his offspring, unless he
forfeits that privilege by his immortality. In this
state, the Supreme Court has decided that this uni
versal right is suspended during infancy, and when
maternal aid and tenderness are necessary for the
child. The law, however, is but loosely settled,
and this will probably induce entire revi-
sion OF the principles which govern the case
Every parent has interest in the question, and
trust that il will be settled without sympathy for
any individual, but upon universal and enduring
principles.
The defendant in this case, Madame D'liautyille,
is the daugh ef MI David Sears, a very wealthy
and respe etable citizen OF Boston In 1896 Mr.. and
Mrs. Sears, with their daughter, then very beau
tfu, charming, and all-accomplished girl OF seven
teen went 20 Europe In 1887, VI. ID Hautville met
Miss Sears at a ball, given by the American Minis
ter, General Cass He Immediately became ena-
incurred Of her, and although there nothing in
his person or manner to distinguish him from the
crowd that were present, she evidently regarded
him with partiality, and encouraged his addresses.
This considered surprising, at the time for NJ.
DHautville is under the ordinary size, with in
expressive eye and face, and a sedate and heavy
manner, while Miss Sears was then almost unequal.
led in personal attractions, with very elegant
ners and received the most AatterDg attention from
many distinguished gentlemen present.
But, however successful VI. D'Hautville is
with the young lady he failed TO eonciIi,te the IA
vor OF her parents. She had received a very tender
education, and was their idol. VI. D'Hautville
the of Swiss gentleman in the Canton Of Naud.
Thefathcr hasa small estate, and lives in the
tired and primitive manner which is common in the
mountains &C Switzerland; and however unexcep-
osabe mi ht be the personal character ofth sutor,
Mr. Sears did not think him an eligible match for
his daughter, one Of the wealthiest heiresses in
America. Accordingly, he withdrew hi, daughter
from Paris, without spPrising NJ. D'Hautvills ofhis
design. with view Of going to England, and curing
her passion by absence. Bot when he had pro-
eesdsd a. Gar as Calais, he discovered that her az
fec,ien was too deep-sested 10 be removed in that
way, and with that indulgent and elfsscri fciag
fondness which he has manifested towards her,
he returned to Paris.
Meantime, NJ D'Hsuiville had g-ne 10 swiizer-
land, with long face, and heavy heart. Hut the
young ads to be bsif ed. and after a pro-
tractcd spsnience bet vccn the fathers of the
parties and tie parties then selves, Nr. and Mrs
Fear, wth the oung lady. proceeded to Switzer-
land Ina short time the marriage took place, and
Mr. Sears returned 10 this country leaving his
wife with their daughter.
Mrs Sears, Who is fond and devoted mother
,xscted two promises ffon VI. D'Hastville, prior
60 the marriage. The frst was, that the bride was
20 spend all her winters in Paris; the second. that
she should spend much Of her time as she desired