The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-11-17

I'm the suggestion and further suggestion III
ed nv Mr. D'Hauteyille, che denies, utterly and
unreseIvedly, any just cause Tor sePafauoh' ana
any consciousness on his part OF any matter or
design other than an afteeuonate nusDahd
should concieve; nor is he aware, nor has ne
ever been aware, ofany reason other tlian such
az arises from the course his misguided wife
has Inv unhappy counsels, been led topursue,
which could exist for the interruption OF their
peace and comfort. Throughout the whole oil
the yoluminous writing filed by the Relator In
reply TO those submitted by his wife, he breathes
the most anxious desire for her return to his
home and society.
In the delicate and unhappy issue thus pre-
sented for our decision, whatever fault or blame
may attach to the separation, IS visited by each
upon the other; does the Relator hesitate to
charge, on every occasion, and IN almost every
variety of shape, upon the mother OF his wife,
the chief agency in sewing the seed which has
since ripened into so haneful harvest Of dissen-
sion.
We would gladly avoid the necessity of re-
currence to the conflicting statements and accu-
sations of the parties, by deciding this case with
exclusive reference to the legal principles which
it Involves; but the parties have so elaborately
entered into these details, and, by one side at
least. have we been 30 earnestly invoked 10 an
expression of the opinions to which the testimony
has conducted us, that, while forbearing to enter
into minuteness of detail, which neither the oc-
cason calls for nor the necessities OF the case de-
nand, we do not believe we can properly avoid
such an expression of our views these consi-
derations may seem entitled to require. We do
so with the less reluctanre, when recalling to
mind the many unfounded rumors painful to the
feelings and injurious to the reputation of the
mother of the Respondent, which have grown
out of the various charges preferred against her
by the Relators-rumors in harmony with his
allegations that by her hand have been poisoned
and sped the arrows which have pierced their
affections and destroyed their happiness. 1t is
due to the cause of truth, and to the reputation
of traduced and much wronged lady, that these
erroneous impressions shall be dispelled.
However strong the allegations which, in his
pleadings, have been made by the Relator against
Mrs Sears-however numerous his intimations
that to her evil influences alone upon the mind
of her daughter have been owing the deplorable
results which have led to this issue-we are
bound 10 say that he has utterly failed to estab-
lsh the truth of what he has thus alleged or In
tImated, and that all the testimony has led to
conclusions of the most widely opposite charac-
ter Sc far from having interfered to sap the
affections of kindred hearts, or weaken the reci
procal confidence OF husband and wife, the proofs
have placed Mrs. Sears in the attitude of peace
maker, from the first moment of dssension to
the final separation at Havre; of parent, anx
iousy striving to soothe the incidental irritations
of those in whose fate she had so much reason to
be deeply interested-of an amiable lady, yield
ing every consideration of mere self to the pro-
motion OF the comfort OF those around her; and
submitting, for her daughters sake, in foreign
land, and in the absence of her husband, ts the
apparently studied GOODNESS, and times positive
rudeness, of him upon whom she had every clam,
alike as his guest and the mother of his neyYly Y
made bride, with forbearance and dignity
which have commanded the entire regard of the
Court we will not consume time by attempt
ing any analysis of the volumnious testimony
which has been given, but notice merely the con-
illusions which it has induced.
In reference to the evils preceding the ILL
starred marriage of the parties, or which marked
the ruffled term of their brief marriage life, we
desire to say as little as possible That the Re
lator's hand was originally accepted by the Re
spondent Hnder the mistaken feeling that she
had given him encouragement which did not
warrant a rejection with honor, is to my mind
plain; and when, for the purpose OF censumna-
ting the marriage, the family lett Paris for We
vay, every attempt to. disguise it would be use
less that her heart throbbed with far different
emotions than those with which devoted fe-
male may be usually supposed to approach the
bridal altar. In the language OF Mr.. Sears, sit
was a melancholy drive to us all-more like
going to funeral than wedding"
1t is abundantly established by the evidence,
that prior to her marriage with the Relator, the
Respondent was of an uncommonly happy tenn
per and cheerful disposition. A sad change soon
ensued. Her cheerfulness disappeared; her spirits
became detected and broken; and pallid cheeks
and swollen eyes took the place of the smiles
which had formerly lighted up her countenanee.
This change is admitted by the Relator in the
plcadings; and is attributed by him to causes
which are not sustained by the proofs of the
case. We are compelled to say, that they can
be Justly chargeable alone TO the singularly mis-
taken course of policy which he thought proper
to pursneaowards the Respondent and her mo-
Their. ..-s as-. ..HF
We forbear to describe these domestic difficult
ties, and will only say that the occurrences at
Hauteville, at Geneva, and perhaps still more at
Paris, were but too well calculated to produce
the effect which ultimately they did produce,
that of total estraugtment of affection. 1t is
not cur province to say whether the conduct of
MIR. D'Hautville was such as to justly his wife
in taking the step of final separation; our deci-
sion must refer alone to the question, who is en-
titled to the custody of the child.
At the same time, we are very far from agree
ing with the counsel for the Reator, that nothing
can Justify a wife in taking the step of final
separation, but such misconduct on the part of
the husband as would furnish good legal grounds
for divorce. The husband may stop far short of
the misconduct contemplated by The act of As
semby ;-and yet may offer such indignities to
his wife, Gas to reader her condition intolerable
and life buraensome.o He may sforce her to
withdraw from his home and family" even
though he may not have crossed the defined line
which divides the boundaries of moral from those
of technical grounds of separation. "That mo-
raj tyranny" so happily described by the father
of the Respondent in one of his letters, (which
strikes its blows upon the mind till it totters,p
may rule with despot sway, until the iron shall
as efectually have entered the soul as if the
hand of unmanly violence had outraged the per-
son OF the wife.
On the part of the Relator, it is commended |
that the custody Of the child is the vested and |
absolute right of the father-one of which he
cannot be deprived, excepting where it becomes
forfeited either by his un6tpess to take charge
of its morals and interests, or by such mlscon-
duct as would afford good ground for a divorce
40 iaictlo niotyin0fii. .la.A
& We cannot subscribe to the correctness of this
doctrine. After an investigation oil the authors
h..