The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-12-01

National tinZette, contains the unanimous opinion
ofthc Court OF General Scssons,on tins long talked
Of case--and after elaborate Of reasoning
come to the conc fusion, that the custody Of the
FAINT should for the present, be given to the mother
i The opinion forth the marriage and subsequent
event, as follows
''ln the petition upon which the writ was issu,
ed, Mr.. D'Hautv,le set forth that he a citizen
of the Canton de Vaud lin Switzerland and that
he married in the church of Monireaux, in the
said canton, and according to its laws, on the 22tl
of August. 1887 to Ellen Sears, whose father was
| then citizen of Massachusetts in the United
States. That IN the early part Of 1888, brs wife
with his consent, came to Boston, a TEN.
porary visit, and has since, without any just cause
known TO the petitioner refused 10 return TO him or
has been prevented from so doing-and that on
the 9Th of September following, she gave birth to
the child whose custody he claims. Mr.. D.
! Hautvie adds, that he arrived in III c q. States
IN July 1889, and has since been engaged in frnt
less attempt 10 recover his wife and chd, the lat
ter Of whom has been restrained of Its Liberty by its
mother and her parents, and detained by them in
this country against his consent an d permission.
To the writ Of habeus corpus Mr. aud Mrs
Sears sevcray returned, that the said child was
not in their custody, which they did not claim and
were, and Cor some time had been, living with
them, one of them, for comfort and protection,
which she (beir daughter) entirely merted, and
would continue to receive, while it in their
power to give it.
Mrs, OH autvile makes return, that she is Pos
'essed Of the custody of her child that, as its
ther she claims and is entitled to such custody for
the proper guardianship, and for other purpose;
md hat he is in nod Of her.
ty ,or detained illegally. That his moral aud reli.
gious education is and will continue to be suitably
attended to that, in her own separate right, she
is possessed Of ample for its suitable support
and education and that lis age does not admit cf
its scpar arion from her without the greatest danger
to its health, and even of is lie, which has been
more than once severely threatened by attacks Of
illness Mrs. d Hautvi,le farther AYERS, that she
has left her husband. and is compelled continue
in state of separation from him in consequence of
variety Of circumstances, some of which are
specified in her return, and others parcu lar
~ detailed in her father return-but all based upon
alleged total failure Of the husband realise The
expectations Of sympathy and affection which he
had excited previous TO obtaining her consent TO
the marriage, and a of conduct towards her.
self and mother which had rendered her inex ess
bly, wrotched, and finally induced the conviction
that their to be mitigation Of her sufferings
while she continued in his society, and under his
restraint. Mrs DIiautvlIe adds. hat 'her parents
have at her request, considered The Of this
separation and gwen it their entire sanction and
approval
In the suggestion and farther suggestion fled by
MIR d Hau,vilIe, he denies, utterly and unreserved
ly, any just for separation and unconcousness
on his part of any matter or design other than
atIectionate husband should conceive nor is lie n.
ware, has he ever been aware, of any reason
other than such arises from the course his mis-
guided wife has, by unhappy counsels, been led to
pursue, which could exist for the interruption of
their peace and comfort. Throughout the whole Of
The voumnious writings filed by the reator in
ply to those submitted by his wife, he breahes the
mos, anx ous desire for her his home and
society."
After examining at great length the ground as
| snmcd by DHauvilie, that the fathers right over
his chlld is absolute, and showing the faacy OF the
position, the court thus remark the moral char
acter Of Nj. d lauiville
'Having thus arrived at the conclusion that the
right of the father is not absolute, and tina, the
tody of the infant is exclusively reiorabIeo sound
judicial discretion, proceed enquire in what
manner the circumstances Of this case and the in
| teleStS OF the Cnliu demand mat mat utscTe
shall be exercised. | take pleasure in saying that
whatever may be the faults Of temper which The
conduct Of the relaor to his wife and TO her moth
err has developed, not the shadow of stain can he
| found upon his moral reputation. Apart from
his Asiatic notions OF husbands rights md wite's
duties, ard his conjual misunderstanding and IN
provoked treatment Of Mrs Sears, evidence has
been adduced or attempted which aiixss the slight.
| est reproach to his conduct character as good
ctizen-on tho contrary he has been shown to be
habItually ohservnat of all The proproties OF life
temperate and domestic in his habits and apparent
Iy attached to the requirements of relIgion.'
| After reviewing the testimony in regard to the
general health aud constitution of the child, md
the necessity OF maternal ut its tender age, the
| opinion concludes AZ follows
" 1t is not possible to imagine, for single mo-
ment even did the relator intend to make Phila
de pha permanty his abode that no could succeed
| in procuring sufficient substitute for the maternal
care which the fraIl constitution and feeble health