New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-15
.anc.iou Of lssa mariage, they virtusly { nOt e1

secrsted 10 each other. bot during pleasure bat |
dorpe life-uot merely while we deem each other
.paraeops. bat though shall reciprocally discov
er imperfectons and faults in each other-not
.nerelv as a matter Of personal advantage but
from prolcund sense Of social duty" Herein,
% our apprehenslon, consists the grace, the holi
rs., the dignity Of Marriage and hereby are the
modest and delicate enabled to find in Legitimate
union with another, not shame and igDomy, bu'
purity and honor.
Now we admit that there are thousands of in
stances Of misguided and unhappy nsrriage"
which. could they be isolated from all con'idera-
tons extraneous to the husband and wife, might
better be dissolved than perpetuated. 1t is hard
indeed that gentle and delicate being should be
obliee to regard as her husband furious, drunken
brute at the souud Of whose fjotstep her heart pal
pilates with terror and who returns from his night
" orgies only to sleep off the fumes OF ineb1a1ion'
impoverish the home he does nothing to support
and appa his children by daily exhibitions oil tyr
amy, phrenzy and blasphemy. This is dreadlul
case. aud it is dreadfully common. The law VIII
iustify wife so afflicted in Withdrawing from such
a husband and devoting herself to her children
welfare. IL will not justify her Save in case OF
proved violation of the fret requirement OF the mar
rage covenantl in regulating all relation to the
father of her children and uniting herself with a
new has band while the old one lives. Ana we
think it is right here too Ia special cases, suffer
ing might be modified by greater latitude OF d.
yorce bat the general influence OF such latitude
would be bad-decidedly bad. Villains would de
indie cop6ding women into marriage with no boiler
intent than transient possession, and, when ti'ed
of the connection, would abuse and terlfy them In
to applying for divorce Thousands who would
rush into marriage on the strength OF passing
fancy. if the way out of it open and easy, are
impeled to halt and think twice by the words, I'M
iii death do part We think hundreds are saved
from unhappy marriages by this requirement where
dozens would be delivered from the like by free
dom Of divorce. Society looks, and must look to
the general influence of its statutes rather than TO
their operation in particular cases I'VE are mem
bers together Of one body and our laws must re
gard the good of the whole rather than of indi
viduals.
Such were, substantially, the grounds on which
we resisted our former correspondents plea for the
freedom Of Divorce, and maintained the wisdom Of
|
tween us was not whether there is, carefully con-
sdered, any such thing as crime deserving repro
baton and punishment, but whether Marriage
should be held indssoluble, save upon proof OF
hsgrant and shameful violation Of its primary re-
quirement, and then only in favor of the innocent
party OF course, the question necessarily implied
that some acts are essentially criminal while others
are not, and suggested query whether Adultery,
or the forsaking of lawful but unoved wife in
obedience to a lawless bat eDgrossiDg passion, is
essentially oulpabe or not. We insist that it is so
Such was the state Of the controversy when
H T. pitched into it. He has contended for the
freedom of Divorce various grounds, and we
have replied History, cotemporary poIity and so
cial aspects civil and divine law. the nature and
rationale Of Marriage, &c. &c. have been glanced
at by each Of us. At length we draw 10 a close,
and he sums up on the assumption that Evil is not
essentially Evil but only perverted or misdirect-
ed Good,-as may see an ash grown crooked
through some accident or perversion in its infancy
though we all know it is the nature Of en- ash TO
grow straight and upright.
Now we shall DO. follow this train Of argument,
because it does not touch the question at issue
There is certain class Of acts which the common
sense of mankind has updoubtiDely pronounced
good, laudable, bene6cent; there is another class
which it has just unhesitatiney, pronounced evil
pernicious punishable we say Incontinence in
man or woman belongs to this latter class, and
have endeavored to show Why and how. When,
therefore, II T. after battling the legitimate
ground of argument closes by contending that, re-
duced to their last anays sis there are no evil nc
tons, but only compressed and imperfect develop
ments Of impulses essentially good Just as plant
or germ unable to force its way through hard
crust of clay 10 the air and sun, may Intellectually
creep along under that crust and die there) we only
say, that may be so but it does not meet the true
issue. Our task has been to show that lnconii
neuce was rightfuy classed with personal Vices as
Gluttony Intemperance SlOth. &c. and with Crimes
against Society, as Theft, Burglary Forgery, and
treated accordingly. Our correspondent, in argu-
ing that Vice is but superficial and fortuitous, viz
tualy comedies all we need There is no. a word
in his summing up which justfes Free Divorce
| and Icontinence any more than Drunkenness, Rob
berry, or even Murder. That sutfces Quite
aware that in Metaphysics and scholastic Phlloso
| ply his studies have been far profounder than ours
and know ing well the power Of his vigorous die
ton, we decline to step off the firm ground where
on we are planted to follow his meteoric flight over
the quagmires Of speculation above which he fits
so fearlessly. God knows what are to be the final
issues and consequences Of Sin; we know certainly
but this, that forbidden TO commit 1t. All
beyond this will be made clear in due season
| Meantime, we rest in the conviction that Marriage
is by both Divine decree and Social necessity
relation ind ssoube during the life of all the con
tracing parties to wit the man, the woman and
Society and that to treat it otherwise is heitous
and bsleal exaggerstion and pursot Of personal at
| the expense and sacrifice Of universal ends-in
| .hoy, ia a Crime Ed T,ib.