Democratic banner., 1849-11-05

one omission in "Benton's progress from
Isl, Charles to the Des Moines. Lincoln
county, that same Lincoln where Troy
stands, in which Benton made a speech to
some two or three hundred persons, and elic-
tied nOta cheer or d~emonstratiOn ofoppro-
baton, but where the signs of disapproba-
ton were numerous and unmistable. This
is the same Lincoln that Benton counted as
one Of the only two counties in the State he
would lose.
IL" The Supreme Court of this State is
now in session in st. Louis, and among a
list Of decisions recently made we notice
the following. taken up on appeal from the
Circuit Court Of this comfy. It will be
perceived that the Court reafirm the doc
|trins Of their former decision, and deny the
power Of the Legislature to sbsolve from
the bonds of matrimony. At the same time
that they maintain the ground that marriage
Is Q sscspiI eostroct," and cannot be fsscind-
ed, except upon the joint petition Of bus
band and wife, they acknowledge the valid
ity Of the Law Of 1916, exempting from the
of bigamy the individual who mar
ries asecond time, after obtaining . legis-I
lative divorce. The law then resolves itself
under this decision into the fact, that ex-I
|parte divorces by the Legislature are sufi-
|cient to remove the consequences Of asec-|
|ond marriage, in q criminal point of view,
but not sufficient to release from the civil
obligations of the contract We refer to-
this decision merely because Of its impor.
|tance, on account ofthe numerous divorces
|ofr the last session of our Legislature.
If marriage be truly "civfl contract"
as here decided, there are many properties
|ofa contract which many would gladly know
whether applicable to the marriage con-
tract or not. If marriage be contaminated
on the Sabbath, is it valid or not? If q
young dandy, in bis minority, should marry
a sly old maid, and in maturer years should
regrethis bargain and "kryagain" for bet
ter luck, could he plead infancy on the old
lady in bar Of an action for ~alimony? If a
mans wife absconds and absolutely refuses
to perform unto him the duties Of a kind
and affsctionate wife, as enjoined by the con-
tract, can he sue her for damages, or CON-
pei her, through equity, to a "specyfc per-
6rmance" of this contract?
There are many other questions We might
ask, as for instance, will children by a sec
ond marriage, in such cases, be legitimate
and capable Of inheriting'
bcac ". Bryson, Appelf: rs. Rosonna Campbell,
.AppeUee. -.Appedled from the Pike Ctrcuif|
Couxt. Judgment affirmed.
Rosanns Csmpbellsued Bryson for board
ing his wife, after he had obtained a Legis-
|lative act of divorces vinculo matrimonii.
Held that under the code Of 1886, marriageI
was a civI contract; that the plaintiff was
entitled to ecoye for the maintenance of
.defsndant's wife, since the divorce, for the
reason thatth Legislature had no eonstitu-
tionai power to interfere with such contract.
p Note By Reporter. When the Legisla-
tive Divorce Is granted on the joint p%etition|
of husband and wife, there could be no viz
olstion Of the contract az far as the parties|
eonseDting thereto are concerned, and such
divorce would therefore be- constitutional
AZ to- the effect Of this decision upon Leg-l
siative Divorces granted on application byi
one party only, il isdif6cull TO determine.
By the Statute, Rev. Code Of 1916; psgel
500, the penalty ofbigamy, does not extend
20 cases "where the former marrisgs shah
have been dissolved by Legislative enact.
II, therefore, &c P0rfe Legislstivs|
Divorces are unconstitutional, and the mar
tie is not dissolved thereby, yet as al
party thus divorced can marry again, with
out mourning sny penalty, il is impossihlsI
70 ,forsee the consequences that may RESULT