Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-02-08

children nor can we determine in what
manner the children should be dispos-
ed Of and provided for, or wha, pro.
vision in the nature Of alimony ough,
to be made for The wife or which of the
parties is the suitable person to have
the custody Of the children, and the
care of their education.
Such are some Of the questions which
must be decided and settled in cases Of
divorce. Such are some Of the rela-
lions. rights and duties which we are
asked to investigate and dispose Of
questions which we are utterly incapa.
cilated by our constitutional organiza-
ton, properly TO scrutinize and under.
stand.
With nolight but the partial. highly.
colored and perhaps unfounded com.
plants of one Of The parties, and no
guide but ex-par,e testimony obtained
perchance by frauds or corrupted by
brides. shall we assume upon ourselves
to put an end to the mos. solemn of all
earthly compac.s--,hat which lies as
the very foundation Of all order and OF
all civilized institutions.
Shall we thus blindly and brutally
sever the tenderes. Of all ties-break
up and destroy whole families-turn
the tender wife from the protection Of
him in VIII ON she has garnered up all
her hopes of happiness. and from
whom she has an undoubted RICH. to
claim protection. support and home !!
Shall we unhouse the offspring of every
Disseminated paren. and turn them up
on the charity Of the world, to grow up
in ignorance and vice ! E very friend of
humanity answers no. Yet we hazard
nothing in saying that such consequen.
ces may have ensued in every divorce
heretofore granted by this body, and
that such consequences may always
ensne upon legislative divorce.
Your committee think they hazard
nothing in expressing the opinion that
in l9 out Of 20 of the applications made
for divorces. the whole difficulty has
arisen from some trivial misunderstood
in" between the parties-some differ
ence OF tastes--some incompatibility
of temper or some frivolous quarrel
originating in passion and kept alive
by s,ubborness. The remedy of such
should be sough. only in the reforms.
ton Of their own manners and conduct.
Let them pursue the path of duty, ex.
ercising tina, meekness, patience and
kindness which our holy religion in.
culca.es and which they have al the al.
tar solemnly pledged to each other. and
we apprehend tina. they will never have
occasion to apply to any tribunal for a
divorce.
Your committee are far from believ.
ing that there are no good grounds for
divorce from the bonds Of ma.rimo-
ny. We believe there are, and do not
question but tina, judicial tribunal
would decree one to some Of the appli-
cants upon the proper testimony being
made. But we do believe tina, they
should be granted only for The most
substantial reasons; for we believe that
nothing tends so strongly to corrupt
the public morals-to undermine pa.
rental authority and to debase and vi
.ia,e conjugal affection as loose sys.
tenn of granting divorces. Passion,
interest and caprice will suggest daily
motives for dissolution of marriage,
and the most tender and sacred of all
human institutions will be degraded
into transient connexion Of prof,
and pleasure. The enjoymen. and
transmission of property will be rem
deret insecure. and in time The whole
social and moral fabric OF society sub
ver.ed. We believe that christianity
and the best interests Of society require
that the connex,on between husband
and wife should be considered. as far
as possible, indissoluble. We believe
that where there are substantial causes
for divorce, i. should be sought on
ly from a judicial tribunal where the
parties Interested can have an oppor
.unity Of appearing and being heard.
and ,ha, it should then be granted only
after the severess investigation and
scrutiny.
We believe it particularly important
that correct tone Of public sen,imen,
should prevail upon this subject. As
ye. with US, precedent has not aequir-
ed the force Of law. Society and law
are some what in chaotic state. They
will soon take form and their comeli-
ness in no inconsiderable measure will:
depend upon The action Of this Legis-
la.ure. III it be once understood that
the Legislature Of This Territory after
mature Consideration has concluded
that it is both legal and expedien. 10
annul marriage contracts by legislation;
The consequences will be baneful 10
The political as we'll as the social and
moral condition Of the people. Our
legislature will become kind Of mar.
isal pool Of Sloan where all the ills Of