The New York herald., 1844-10-31

lay down the proposition without fear OF
II she brings the income into the houss the
mas 10 take and dispose oil 1t he peases without
accountan'y in virtue Of the high common law common
eptura principle that he must behead OF that
family Nor will this Court interfere with his doing 80,
unless some special equity and strong shown for
~ such as wasefuiess inebriety i'll usage the part
1.-THE husband lady. because she happens to
asepsste estate TO be absoved from all snbordn tion
only apart from but defiance of her husband and TO re.
gulas every thing through the power Of money accord
ing to her individual discretion, what is to become
Of the economy and harmony OF the domestic circle
me order OF society or the morals Of the community
In the large expsyiencs your Honor has had in
Mise the extreme peril Of such Of things So j.
to be presumed that the Legislature made to panse
at their last session by similar before they
would pass the act then introduced ON the snbec of the
separate estates OF marriedwomen that act was
barely decaratory Of the law II stands that
The dangers developed in the features Of the
case low before us, will have little influence in pre-
venting tho passsge o. even such law. There Ia
greater moral miracle record than the amelioraon OF
the condition of produced the doctrines oihe
by learned men from the philosophic schools OF
Greece or Rome, but by one coming, without
an S nns mSa S%
did he the great moral Prcceptor the Saviour Of
kind inculcate as speaking with authority for himself
advance the Of civilization than his preceps
this very head and higher praise be given
good old law than that Il has adopted those pre-
cepts This may be in the leading Of Manly
Scott Modern i2s which as has been remarked in the
notes to Coopers Justinan 42 embraces the soundet
principles upon this subject placing the relative sua
ton OF husband and wife upon the best footing for each
Of them and as being most in unison with the law of
England the precepts of Christianity and the dictates Of
natus reason civilized expedience, and the general
spirit OF the laws throug this country" Then what
ing an influence on the union OF man and woman, 10
elevating to her. and so civzing to society Are they
of but Gr in ay
the man Far from 1.-THE njunctons of scripture. and
the mandates Of the law are that she shall be in subord
nation and subsection to him Still less do they allow OF
her separating from him whenever she peases
for the excepted cause without the authority Of ju
dcial sentence According tte doctrine In the OF
Manley Scott read your Honor prior stage Of
these proceedings "the woman OF herself in contract
ing marriage. makes solemn vow before her God, that
abe will live with her husband in the holy state Of metr
Dony disappointed by him to obey love- and keep
to him in sickness and in health till death them do part
and by departing from him against his will she breaks all
these commandments. and ner VOW" An express
command to the contrary laid upon her by the law OF
Lord let not the wlie depart from her husband" Co
rinthians L 10 and ths Judge adds, if a woman be VI
90 naughty stomach that she will choose to starve
ther than submit and be reconced her husband let her
take her choice. The law Is In default which
doth not provide for such wife" III depart from her
husband az ainst his will and will not submit herself unto
him, let her live charity, staive in the name Of
God" Her evil demeanor !" and cher own wilfulness"
well 10 remind the Court Of the rule well established in
conformity with these principles that wife who deserts
her husband without cause establish ny judicial de-
tribunal even when she reeks for maintenance out Of
what was.once her ownproperty Sec Atherey Bineham
this subject These being then the great principles OF
religion, and 'hs law on this point, how are you
to carry them out exc pt BY making, all pro,
perty, separate or in cNnmon subject 10 the c0ntro,
Of the husband whenever brought within the jurisdico
OF his household7 II the wife chooses bring there
he Is to and dspo<e Of he peases and without
accounting TO any one otherwise their relative positions
will be entirely sed, and the order of society dis
turbed and contention ana miser inevitably ensue For
Wa for IN Iohn rtu and lpnry
3t9 . II istrue that Chancery will at times interfere
with and modify the rigid principles of the common law.
snd adspt them TO the peculiar circumstances Of given
But then there must be potent and special
equity for such interference Is there any sufficient
tweeo the husband and his sacred marital tights in the
present suit7 He has not been accused much les
vcted Of nieity cruelty, III nsage towards his wife
Wherefore then your Honor reverse the order Of
nature the precepts Of religion and the law OF
Try between these parties The solitary rnducement
assigned is that will graify the lady peculiar dicyn.
Grassy about money matters Why sheuId sho hc exempt
from he condition Of ordinary females What, though
she has riches and has talents she to he above all law
and the most holy duties Of life Has this led her
and dhappness Were il not better to bring her down 10
society, by dispeng the sad and suicidal
in regard TO hsr husband. under which she has gone
Of her wsys Is to be seen in the psjyate conaenal let
has had paraded in this case written by her
band to herself and Others both before and since their
msrrisge These have been read page after page day
after day, by Of the opposite counsel For what pur
pose They assuredly can have bearing on the
decision Of this case The sole object Of this gross
violation Of all matrimonial or even social conf
dence. manifestly, was TO enable them, Al posi-
rdicule i and %isinte probation oi what was writ
tn long ago. unguardedly, and with no idea that II
would ever come to such base uses The gentleman
might well have read the odes Of old Anacreon OF
Tom Moore the Anacreon OF Ireland these love let
tes for ausht they have to do with the issues OF this
cause. And let me remind those VIII are disposed to
criticse these eusons either their sentiments
STYLE that perhaps their would scarcely bear print
Ing 80 well 1 Psrc1hsnss they should ever be brought to
Of counsel Mr. Cruger however, will suffer no
dspsragement from any ones candid perusal OF his cor
respondence and oil that he has to be ashamed OF about
it, Ia its production. The counsel who opened
on the other side, and who INDUCED 30 much at
such matters ' He has % devoted voted himself so entirely
to the law, that he has had time for look
ing into the affairs Of the heart or for appreciating
competent Judge Of amatory epstles than he 10
appropriate adviser in connubal difficulties and there
merely businesseyes mis- application of them easily
ders their contents udcrous Thus h cannot enter into
the spirit Of Mr. Crngers letter written TO d,lodge rival
who had ntsriered with him. and draws the inference
from the to his friend the late Mr. Legare that he
unht for business How far this was the care may
be judged of from the fact, that he for ten years
partnership with the Attorney General Of South Caro-
lima and in the receipt Of hsndsome income from his
professional labors on which alone he had to rely whe
ther at home, or abroad his travels SO ogAn the use
that has been made Of the letter to Mr. Cruger inter-
cepted by his wife from lady at the South, Is most
unJustlHaDle According 10 Nlrs
ofthis affair, II took place before her mar.
rage and 10 not ascetained by any thing in evidence
what the character of this laison was II might have
been merely Platonic Tor aught that appears But Of
whatever nature, IL was matter with which she had
nothing Of all should she have betrayed
II 10 living being especially when she came 10 know
ledge Of by twice violating her husbands letters against
his express Inhibition. II occurred AT time when
gagemcnt or even intercourse between herself and Mr.
Cruger subsistng and dvulged simply through
application from the lady, at distance, for charitb bic
assistance as she had fallen into poverty and i'll health
and yet under these circumstances that Mrs Cruger
sits In judgement her husband, and rsbukes
him for laying bis head upon her clean breast
with the dark secret In his bosom. and then af.
forwards, with inll knowledge OF this dark secret,
is re united to and lives with him nearly year
n the opposite counsel sympahze, and join in any
charge reflections my client growing out Of these
circumstance s can do IL to quote to them the passag
Lord, we thank thee, not other men and
that they good for this world ought have
made their appearance until the Millennium Far different
the view tab Of this foreign and obsolete
stance by Mrs Monroe in the letter TO her sister, consL
tuting exhibit in which she truly says you cannot be
n hw.x~