Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-01-07


case aud the interests of the child de
inand that that discretion shall be exer
cised. take pleasure in saying, tha
whatever may be the faults Of tempe
which the conduct of the relator To hi
wiie aud io her mother has developed
not the shadow oi stain can be iOun,
upon his moral reputation. Apart from
his somewhat Asialic notions of "a hus
bands rights aud wiie's duties, an,
his conJu2al MISUNDERSTANDING and un
provoked treatment Of Mrs. Sears, M
evidence has been adduced or attempt
ed which aflixes the ighiest reproacl
10 his conduct or character As go0C
cIilzen; on the contrary, he has been
SHOWN TO be habitually obscrvant Of al
The prophecies Of lie, temperate and
domestic IN his habits, and apparently
\ attached to the requirements Of religion
However his treatment of Mrs. d.
tiauievlIIe aud her mother may have
Il justified her severance OF the matrIno-
nhi tie, | can find nothing OF that kind
OF misconduct" of which the law
speaks, which would Justly serve to de-
piIve him Of the custody OF his son nor
do question either his ability or incll-
nation 10 rear II with proper regard to
us intellect and morals. 1t must be on
other grounds that an adverse decision
can be framed. 1t is proper to say, too,
that The testimony upon which We have
Quilt The favorable opinion thus eXpIes-
sod al the reputation and generally good
conduct Of the RoIalor, has principally
proceeded from the camp of the oppos-
my panty. Mrs. Sears has not hesated,
despite oi the legally hostile attitude in
winch unhappy circumstances have pa-
ced her, To pay proper lIlbule TO what
ever qualities oi excellence he may
possess and has answered every qucs-
Ilon upon the subject with her accuSlom
ed iIaukness.
] repeat that, # the fathers right OF
custody could be forfeited only by i'm
moral conduct or character, or by his
uuiitness 10 supelinlend the moral and
intellectual culture Of his child, there
has been nothing developed in the pres
cnI case whlch could property infeip
to take away from hln that right. But
| cannot believe that the exceptions To
such right are cIicumscrhed within so
limited ciic!e-a belief which would
be III the face OF neatly every decision
clted as well for The Kelator as by the
other side. The reputation of father
nay be stainless us crystal he may not
DC afflicted with the slightest mental, 4
moral, or physical disqualification from
the general welfare of
he infant the mother may have sepa-
rated from hun without the shadow Of o
pretence OF Justification and yet The
interests OF the child may impera,ively ,
demand The denial Of the fathers right,
and lis continuance with the mother
This Is iuI less than what was decided
n the Addicks case although, as We
'ave already Intimated, the proper dis
'osltIon ol cuslod y there made, (apart
rom the soundness of The principle =
night possibly be questioned
Thus, IN the case OF the People Us.
Nckerson, II is assigned as onc of the
oasons for delivering the child to the
alher, "thnt nothing appeared which
'ou'i justify the conclusion that the ia u
her was not a fit and proper person TO
ave The care and education Of The child,
= Mdt ii would be jor Tie interest Of the
h,id, pecunidriiy or OiherwiSe, to commi,
To The custody Of the mother" 1t is
to say what conclusions The
esimony IA this case has conducted us
n regard TO the ''pecunary interests" Of ;;
he child ; because, although that CON
liberation might very properly form AN
lcnicnt ui our decision, and, indepen-
emily OF the case just referred TO, is
ecognIzed as such by other of The Re-
ito'' 5 cases, II has not been pressed up c
u US, or even referred To, by either of Il
le parties here and It is fortunately a
our power TO reach decision framed s
1 d more elevated basis than that which &
calculation ol probable future dlller- o
ices as 10 collars and cents would ai. s.
rd. l.
The pecuniary means of tho Respon- u
'nt to property attend to the education q
al interests oi the child, are beyond "
| doubt her maternal affection is in. o
nsely strong hei moral reputation is N
molly unblemShed aud under these le
Ihiited or established facts, the circum- 81
anccs OF this case render her custody :,
c only one consistent with the present
cIlare of her son. ol
The tender age and precarous state Sc
lis health, make the vigilance of the p;
'ihes IndIsp 5nsabIe TO lis proper care: h'
not doubling that paternal anxiety .je
uld seek tor and oh;aIn the best sub III
ute which could be procured, every in
tlnct oi humanity unerrngIy pro-
IIns that no substitute can supply the &c
&C oi HER whose watchlulness over
sleeping cradle or waking moments be
her offspring, Is prompted by deeper
j hoIlcr feelings than the most liberal ne
." ancc "i II nurses wages could pos vo
Iy stimulate. Not yet two years of bo,
I when the writ ol Habeas Corpus she
5 issued, the child has already been ow
subject OF several distressing mala- thi
$, aud has been apparently threatened
n others Of not interior aggrayation. tha
portion oi ths deposition OF Doctor ing
trren relates to this matter: and Doc. tleI