Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-01-27

Mr. BARLEY, from the standing COM
mittee on the Judiciary, TO which the
subject had been referred, made the fol.
lowing
REPORT:
The standing committee on the Jndicia.
~, 10 whom was referred the petition
OF Cyrus w. Hart, for special author
iIy, to euabIe him TO have trial be
fore the Supreme Court, for the pur-
pose Of restoring him to his legal
rights and privileges, have had the
same under consideration, and now
report:
The petitioner represents, that he was
married in the year 1919, while in a
state Of mental arrangement; and it ap.
pears that. in February, 1912, an in
quest was held in the county Of Carroll
upon a charge Of lunacy against him, d
that the jury, on the evidence of fools q
knaves las he alegos) brought in q yer
dicl that he was then insane; and his
son, Theodore Hart, was appointed guar.
dian 10 take charge of his estate. The
petitioner complains in strong and co
gent language, that he is deprived most
wrongfuIly and unjustIy, Of vitality i'm
portant natural and civil rights, and asks
for the passage of law conIerriUg spe-
cial authority on the Supreme Court TO
try bis cause, for the purpose Of resor-
ing him to his legal rights and prvile.
ges, and divorcing him from his wife,
saving however, the legitimacy OF his
children. In support OF his claim the
petitioner presents petitions signed by
several hundred citizens Of this State,
and also, a volumnlous document, writ.
ten by himself, entitled "SeIectIons from
the Poemica, Ama,ory, Moral, Philos.
optical, ane other works Of c, W. Hart,
partly in prose and partly in verse;
1t appears from the document that the
petitioner is a poet, and a man Of some
literary atlainments. ln arguing his ap
pication before the Legislature, he rea'
sons with much ingenuity. And, among
his representations he states, that belize
wing himself, by The laws Of heaven, tC
be an old bachelor, he married a lady
in the Stale OF New York, in 1889, GoT
The purpose OF furnishing cause, and
making il the interest Of his irst wife to
procure divorce; and also, in l840, un
der the same impression, and Tor tht
same purpose, he marreda a lady in lht
State OF Kentucky with an intention o
living with her for life if he should con-
linue 10 be pleased with her, but he sool
found that he had been deceived as II
her real situation, by means OF her tigh
laclng; for in about seven weeks aCie
the marriage, she was delivered ofa (ul
grown child; and 10 use the petitioner
language, although he was not the dad
dy Of the child he had to 60 for The gran
n.y."
The committee have given all due an
proper consideration 10 the complaint
and grievances Of this truly afflicted y
unfortunate man, If. as he claims, h.
he was married when under q stat o
mental arrangement, the ma:rlag
would be absolutely void from his in
competency to become a party 10 sucl
q contract; aud there would be no nece
sity OF any action on the part oil the lie
gislaure or any judicial tribunal, to Sc
aside the marriage by granting dl
Vorce, But as the petitioner is at thi
time adjudged 10 be insane by the deter
minatloH Of regularly and legally con
slitued tribunal, tho committee arr
bound until that determination shall hav
been reversed, TO act upon the presumE
ton, thatths application 10 the LegisIa
ture is lhe suggestion Of the mental ha
lucination OF the petitioner And II is
matter o( no lnconsderabIe degree Of al
tonshmenl, that citizens Of lnlelIigeDc
and responsibility, who ought 10 commi
crate the mIslortunes OF the petltlone
and not treat with levty and want {
sincerity inc right Of petition, should pt
tiuon lhe Legislature TO grant the re
quest of man under a conviction Of Ii
Macy when compliance with that re
quest. in case Of perfect restoration {
the prisoners mental faculties, might b
deemed by himself the greatest caamiI
which the Legislature could inf CT upo
him. The petitioner ought to be trea
ed with all kindness and regard. And
il be true that he is not, at this time, II
boring under morbid deusion of h
intellect, as he slrenuousy contends,
ia of great injustice and har'
ship that he should bs deprived oI h
leg sl rights and privileges. BY the fl