The New York herald., 1851-07-15
The Case OF the Rev. Pierce C0swelly aad
Wife, OF the United States, and the Catho-

Il
The proceedings which We have lately had oc-
'casion to report ut some length, in q matrimonial
suit, brought BY appeal from the Court of Arches
to the Queen in Council, and argued before the Ju-
cular character, and he'd upon several princi-
pies Of 20 general an interest, that shall briefly
recaptulate the whole transaction in this place
The Rev. Pierce Connolly and his wife, Cornelia
Augusta Connolly, the parties in this cause, are
natives Of the United States Of America, born at
Phiadelphia of American parents, AID they were
married in that city in 1881, being at that time
members of the Protestant Episcopalan Church in
of the church Of Natchez in the State of Mississippi
where he proceeded to reside until the month of o.
tober, 1885, At that time, however, the rector's
wife became q convert to the Roman Catholic
faith, and was received into the bosom OF that
church Mr. Connolly himself, was desirous of con-
siderpg and determining the points in controversy
and with that view he undertook a journey to Rome
with his wife, They arrived early in 1885, and on
the following palm Sunday he too, was received in
to the Roman Catholic Church The converts
soon afterwards returned to the United States, and
settled in the State of Louisiana where in 1910 they
formed the design of living apart with view to
Mr.. Connelly's obtaining orders in the Church OF
Rome. After another journey to Rome, underta-
ken by the husband alone, and another return to
Louisiana, in lS43, they both proceeded to fulHl
these intentions, and again reached Europe in the
month of December of that year petition Of Mr..
to oi
and Judge Ordinary Of Rome, who pronounced in
effect Gas is contended by Mrs. Connolly sentence
Of separation accordingly, In April, 1874, Mrs;
Heart on the Monte Pincio, and Mr.. Connolly re-
oeived the first clerical tonsure and assumed the
dress Of Romish ecclesastic In the month Of
June, 1916, Mrs. Connolly bound herself, with the
concurrence of her husband, by the following vow,
which we can give in no words but her -
Almighty and Eternal God, l, Cornea, the lawful wif
of Pierce Connolly, trusting in Thine infinite goodness
and mercy with the desire of serving Thee
more perfectly with the consent Of my husband who
inter ds shortly to take holy orders DO MAKE Thy Divine
Father Jean Louis Rozaven OF the Society OF
Jesus delegated for this purpose by his Emnence the
Cardinal Vicar of his Holiness for the city Of Rome sup.
plcatiDg Thy Divine goodness by the precious blood Of
Jesus Christ to be pleased to accept this offering Of Thy
unworthy creature a sweet smelling SAVIOUR and that
Thou hast iven me the desire and power to make
this Offering to Thee, Thou wouidst also grant me
oil the Sacred Heart Of Jesus the eighteenth Of the
month Of June in the year one thousand eight hundred
So it isean Louis Rozaven Of the Society of Jesus
So it isPerce Connelly-Victorine Bo Of the Sacred
Heart Of JesusLoide de Roctequairie se of the sa-
The Church of Rome, in registering and approx
ing such an engagement as this, seems to forget
that she holds the marriage VOW, which was thus
abroSated, to be one of sacramental weight and IN
diss0luble obligation; and that she counving
at evasion, by mere consent, Of the most sacred
of contracts. Probably, however, the Roman Or
dinary regarded a marriage of American Episco-
contract; for Rome, which imposes religious
sanction on her own acts of authority, denies that
sanction even to the churches of foreign nations
From the period last mentioned until May, 1916,
Father Connolly and this reverend Mother Gas
they were no called) continued to reside in the
lgious houses in Rome to which they respectively
belonged. But at that period, Lord Shrewsbury
brought Mr. Connolly to England E as his private
she became, and We believe now is the Superioress
of community Of religious wo men under the title
of the Congregation OF the holy Child Jesus, at
Hastings, in Sussex, having brought with her from
Rome rules for the government Of this community.
Subsequently, however, and at some time in the
year 1913, Mr.. Connolly quilted Lord Shrewsbury,
Alton Towers, the Romish Church. He appears
TO have renounoed the opinions, tho costume, and
the bligations which that church hadimposed upon
him; and after a personal attempt to reclaim his
wife from her convent, this gentleman proceeded to
institute suit for the restitution OF conjuga rights
in the Court of Arches. Mrs Connolly put in an
allegation in this suit, in which her claims to sepa-
ration were strongly stated t1e grounds Of con-
science and humanity; but many important matters
micie, were not raised. The Dean of the Arches
rejected this allegation altogether, a an insufficient
defence. From this decision appeal was had to
the Privy Council, which decided, after two days
argument, that Mrs Conncllv's allegation should
be reformed, as to plead the law Of Pennsylvania
where the marriage took place, and the denclle OF
the parties at Rome, where 1t Tas Interrupted: so
that If these points are raised lho cause may come
on for further discussion in the Court t Arches in
new shape
Without entering into the legal technicalties or,
still less, the religious considerations mixed up with
every part Of this case, there is fact hich must
strike every reader. These persons in nc degree
connected with this country, either by BIRTH mar
riage, domcile or profession. Their marriage, cell
ebrated in Philadelphia as between American citi-
zens has all the character and incidents OF mar
tage in that State, whatever they may be, for no
thrg is ore established than the principle that the
lex i0 contTuas governs marriage in all subsequent
time and in all courts Christian 80, again, their
separation may may not have been valid decree
Of separation by the competent authority in Rome,
and may, as such, be recognized by the courts Of
their native country IL is not as persons united by
English law, that this question can be discussed;
for, although any foreigners aliens IN iy undoubt-
edy claim the assistance Of our courts TO protect or
restore their personal rights il impossible to hold
country than they would be by the laws that called
them into being The validity Of su,h a marriage
at this time would SEEM therefore, to fall within the
provisions Of the law Of Pennsylvania, whatever
they may be- just as the validity of a Scotch mar.
riage divorce If raised in this country 1t often
has been, must be determined according to the law
of Scotland. This appears to have been the view
adoped by the Judicial Committee of the Priyy
Council, siEce that court ordered the law Of Penn
sylvania to be brought under consideration; and q
new turn was thus given TO the question, somewhat
more favorable to Mrs. Connellys position than IL
could have been. had the marriage in question been
to all intents and purposes an English marriage.
IL Is important to remark that, Whatever may be
the effect of such interpositon of the See OF
Rome In marriages constructed in those States Of
America where the law recognises and facilitates di-
vorce for various causes, nothing has been alleged
in this to countcnance for instant the mon
strous doctrine that the act OF any fcreign court
spiritual or civil could annul suspend the obliga-
tions Of English marriage Least Of all could it
ever be admitted by any judicsture that q lawful
separation of married persons OF this junty could
be pronounced by the See Of Rome on mere reli-
gious grounds, giving the sanction Of the church 10
apersonal arrangement, and setting up pr rstended
case Of conscience against the prior aud not less
cred obligation Of marriage itself On that point
we entertain no apprehensions, and if the b. "
should be found not TO reach the present case n ia
because the parties really amenable to foreign
laws more favorable to divorce than our own. But
when the ar6inal Ordinary Of Rome assumed this
extraordinary power Of abrogating Mrs Connolly 9
marriage vow, he probably did not consider whether